Category Archives: Pornography Charges
Breaking Down a Pornography Possession Case in Hillsborough County
The First Amendment protects most pornographic videos, literature, and so on. But the First Amendment doesn’t protect obscene material or child pornography. Obscenity is somewhat vague. Supreme Court Justice Potter Stewart famously wrote that I cannot define obscenity, but “I know it when I see it.” Legally, material is obscene if it violates contemporary… Read More »
Defending Pornography Possession Charges In Court
The Sunshine State’s laws regarding possession of illegal pornography are very broad. Like most sexual offenses, possession of illegal pornography involves direct and collateral consequences. The direct consequences include lengthy court supervision, high fines, and a registration requirement. The collateral consequences are often worse. Most studies show that the general population views all sex… Read More »
Defending Pornography Possession Charges in Florida
Many criminal prosecutions hinge almost entirely on eyewitness testimony. Typically, the case is a single-witness case. The arresting officer is the only witness. Possession cases, especially pornography possession cases, are different, mostly because of the best evidence rule. This legal doctrine, which normally applies to documents, requires litigants to produce the original in court… Read More »
Effective Defenses in Electronic Pornography Possession Cases
Since mobile technology continues advancing, the law in this area is constantly evolving. The latest decision in this area came from the normally conservative Fifth Court of Appeals. 2021’s United States v. Morton once again sharply limited officers’ ability to search cell phones for illegal pornography. Furthermore, many people do not think there is… Read More »