Can someone tell me what I’m allowed to own as far as porongraphic computer images in california?
Child porn is illegal I believe (which is good; that stuff’s evil as far as I’m concerned). But I have a few other things that violate what I’d consider “community decency” standards. These images are in the privacy of my own home, and don’t reflect things I’ve done, just things I’ve downloaded. They are not for distribution; strictly for my own uh, usage.
For whatever reason, I’m in a nervous mode and want to make sure I’m not doing anything illegal, and intend to destroy forbidden ones.
Oh, to save us all a little time, please post “go see a lawyer” comments elsewhere.
Thanks in advance!
I live in CA, and the only thing I’d worry about is child porn. Bestiality sites are generally illegal to access in FL, IIRC. Nothing else strikes me as being suspect.
Needless to say, I Am Not A Lawyer.
hrh
IANAL either, but since the center of porn production for the known western world is the San Fernando Valley, I would say that you are much safer than in East Jesus, Arkansas.
As far as California laws go try this site:
Thanks for the replies so far. Any others? References will be appreciated.
ok, searching the site ctr22 provided (thanks!) listed three references to the word pornography (and none to porno; I can’t think of any other words). All three were irrelevant (666.7: showing child porn to a minor prior to a lewd act, 186.2: distributing child porn is treated as "criminal profiteering activity; 6108: contracts between california and entities in other countries must have certain qualifications, including no child porn involved)…
First off, all references are to child porn, and for this discussion, that’s irrelevant. But I’m surprised I didn’t see a law forbidding even that. So perhaps these aren’t calif laws, rather federal laws???
Any other help? thanks.
Well here in California we are very liberal regarding porn so the only thing banned may be just child porn (penal code 311) and also there is federal law against child porn and the US senate passed a bill that has yet to go to the House regarding banning Virtual child porn which is drawings of sexual acts.
When I looked up “Obscene” I only found the code on child porn.
So bestiality seems to be legal and other porn like simulated rape or simulated murder appears to be legal as well.
California law on porn appears to be that as long as the model is old enough to consent (18+) then it is legal.
But here in Los Angeles they filled charges against porn producer Seymour Butts (Adam Glasser) for making a video with “fisting” which he pleaded no contest and payed a $1000 fine. He was charged with being a public nuisance (penal code 372).
All that being said I think it depends on what the DA’s office in your county would try to charge you with if for some reason they got ahold of your computer. If its a liberal coastal county they might not be interested if it isn’t child porn, but if its a conservative inland county the DA may try to “protect” public decency by going after you if it’s hardcore porn.
The best reference I know of for California are the legal issues surrounding Amateur Action BBS, which was in San Jose, calif, a very conservative community, & closed down. If you search the net for stories about them you can find alot of legal infomation on what’s allowed.
They have to find it before they can prosecute you. I doubt any government agency has any kind of interest in prosecuting you for this unless you are dealing in child pr0n (since this thread hasn’t seen that spelling yet).
Actually, we were just discussing obscenity in my com law class. And it reminded me of this one Smoking Gun link and about how being a customs inspector at LaGuardia or JFK must be one of the grossest jobs ever (they once did a story about banned intercepted porno, mostly bestiality and scat fetishes).
ctr22: As I recall, a “virtual child pornography” ban was passed as part of the Child Online Privacy and Protection Act and was overturned by the supreme court. They held that if an actual child isn’t involved in production, it’s not child pornography, and is constitutionally protected the same as any other work. I’m just going from memory here, and IANAL.
FDISK: That is true but the Ashcroft Justice department with allies in the congress reintroduced the Virtual Child Porn bill which passed in the Senate and is now in the House as H.R.1161.