Technically there is one: 18 U.S.C 1466A(b)
It criminalizes the knowing possession of cartoon cp that lacks serious value. Not with intent to distribute but just possession.
Its not that theyre forced to agree its the fact they dont even take it into account.
“Oh you like this porn huh? I think its obscene. You dont? Well youre under arrest anyway. We need to have a jury look at it to deem if its obscene”.
I know that. It was my mistake i didnt add with intent to distribute next to posesses.
Your response to my belief that the subjective opinion of what people in my community believe is obscene do matter was “No they dont”. I dont agree with that statement. Isnt it the Jurys descision to decide...
I was mostly going off of the Federal Statute of Obscenity and not a state by state basis.
Agree to disagree; deeming if something has value or is patently offensive changes with every person. People think a picture of soup is art or a hustler magazine is offensive.
Wasnt expecting things to...
I think its pretty stupid that my subjective opinion doesnt matter (“knowingly” having obscene materials) but the subjective opinion of random people in my town do matter. I do think they are pointless to things other than real child pornography, as a person can go to prison for viewing...
like say what happened to Chris Handley in US v Handley (2008). I purchase a comic book which had some sexual content in it. I dont deem it obscene but a customs agent does. Do I just not matter in a charge like that?