There is minimum tolerance for obscenity in New Orleans. The idea behind obscenity laws in New Orleans is that they protect the moral standard of the society to ensure that lewd, filthy and indecent materials are not circulated. Obscenity law in Orleans and New Orleans, Louisiana regulates speech, expressions, and images in circulation. The law bans and suppresses contents that violate the standard of decency and good taste in society.
Legitimate communication is what is expected of society, but some individuals are guilty of bringing down the moral standard of good taste and decency. Anyone found guilty of such is arrested and charged for obscenity crime. Obscenity as a threat to the decency of the society is an offense punishable by the law by payment of fines or jail term.
Obscenity law involves prosecuting, defending, and challenge indecent materials which could be speech, artistic expression or images. It usually involves the prohibition of pornography. The Louisiana state criminal law code defines obscenity as a display of genitals, private area, pubic hair in an offensive way to arouse sexual desires. Indecent, filthy, morally degrading materials are restricted in terms of time, place, and manner.
Also, if a person participates in a performance of sexual conduct that is grossly offensive, they can be charged for obscenity. The manufacture, distribution, and publication of obscene materials for display, sale, and presentation can be charged as a criminal act for which a person can be charged and incarcerated. The solicitation of a teenager under the age of 17 years into obscenity can cause a person to witness the harshness of the law. Obscenity law keeps the decency of the society in check all around Orleans and New Orleans.
If you ever get charged for obscenity crime in New Orleans, the best thing to do is to contact an obscenity lawyer without delay. Barkemeyer Law Firm is a criminal defense attorney in New Orleans that can help you with proper representation to stand on better ground with your case.
Obscenity crime can occur in diverse ways, but it important to know that the intent behind obscenity crime is to cause sexual arousal to another person. When a man exposes his penis in public or a woman exposes her breast in public, they are punished for such lewd and filthy acts. A woman who shows her nipple in public to seduce or stimulate the sexual interest of another person is guilty of obscenity crime.
The production, presentation, participation, operation, exhibition, communication or sponsorship of sexual conduct in the form of image, video, or speech can attract as an obscenity charge with its attached penalties. Obscenity is a serious offense in Orleans and New Orleans and is treated as such.
Any person caught and arrested for obscenity crime is charged for violating and going against obscenity law. For an obscenity charge, the lawyer has to be great with some appellate work. Barkemeyer Law Firm has a wide experience in this field and will be of great help to your case. He has experience in constitutional practice, which is very important when defending an obscenity charge.
Penalties for obscenity crimes in Orleans and New Orleans, Louisiana
Obscenity crime in New Orleans is taken seriously and is usually charged as a felony offense. A first offender is sentenced to serve up to 6 months to 3 months jail time or/ and pay a fine of up to $2,500.
A second offender for obscenity crime may lead to incarceration for up to 6 months but not more than 3 years with or without hard labor. The offender may also get to pay a fine of up to $2,500, but not more than $5,000. On the third offense, the offender is sentenced to prison with or without hard labor for 2 years but not more than 5 years. The offender may be issued an additional penalty of $5,000 but no more than $10,000. The offender, in this case, does not have the benefit of parole, suspension, probation.
An organization can be charged for obscenity and also get the punishment attached directly to the case. When an organization is charged for obscenity, the workers are the offenders. The organization is punished alongside its corporate officers. Every one of them involved with the crime will be arrested including the secretary and the treasurer. The power to tell how hefty the fine to be paid and how long the jail term would be lies with the judge. Due to evidence gotten from the proper investigation, the judge can meet out the penalty of the offense.
What to do when charged for obscenity
There isn’t a long list of the things you should do when arrested for obscenity. the most important thing to do upon an obscenity charge is to seek the assistance of a criminal defense lawyer in New Orleans. Your defense lawyer gives the prosecutor reasons why you should be acquitted. The legal assistance of a criminal defense lawyer will foster a favorable outcome. If you intend to gain better ground and make your case weigh more on the positive side, then you need to hire a criminal defense attorney in Orleans Parish and New Orleans.
Your obscenity lawyer defends and protect your right and freedom and ensures that all evidence on you is obtained the right way. A skilled and experienced lawyer fights in your best interest and ensures that you get help as fast as possible.
Barkemeyer Law Firm defense lawyer in New Orleans
If you are arrested and charged for obscenity crime in New Orleans, you can trust Barkemeyer Law Firm, a defense attorney in Orleans. He has represented many people in New Orleans, so you can be sure he has a vast experience in Obscenity law.
Barkemeyer Law Firm is all about the interest of his clients, he makes an effort to ensure his clients stand a better chance. He is a man of experience and has dealt with several cases of obscenity crime. He is fierce at defending his clients and is keen on protecting the right and interests of his clients.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170