Fill and Sign the Instruction Sale 497334272 Form

45 Interstate Transportation Of Obscene Material (For Purpose Of Sale Or Distribution) 18 USC § 1465 Title 18, United States Code, Section 1465, makes it a Federal crime or offense for anyone to transport obscene materials in interstate commerce for the purpose of selling or distributing them. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly transported in interstate commerce certain articles, as charged; Second: That the Defendant transported such articles for the purpose of selling or distributing them; Third: That the Defendant knew, at the time of such transportation, the general nature of the content of the articles; and Fourth: That the articles were " obscene" as hereafter defined. The term " interstate commerce" includes any movement of goods or articles from one state into another state. To transport " for the purpose of sale or distribution" means to transport, not for personal use, but with the intent to ultimately transfer possession of the articles involved to another person or persons, with or without any financial interest in the transaction. [The transportation of two or more copies of any publication or two or more of any article of the kind described in the indictment, or a combined tot al of five such publications and articles, creates a presumption that such publications or articles are intended for sale or distribution, but such presumption is " rebuttable," which means that it may be overcome or out weighed by other evidence.] One of the specific facts that the Government must prove is that the Defendant knew the general nature of the contents of the articles that were transported in interstate commerce. The government does not have to prove that the Defendant knew that such articles were in fact legally obscene, only that the Defendant knew what they were. Therefore, if you find beyond a reasonable doubt that the Defendant transported in interstate commerce the articles in question, and that the Defendant knew the general nature of the articles - - that the Defendant knew what they actually were - - and if you then find beyond a reasonable doubt t hat the articles were in fact " obscene" within the meaning of these instructions, you may then find that the Defendant had the requisite knowledge, or scienter as w e call it in t he law. Freedom of expression is fundamental to our system, and has contributed much to the development and well being of our free society. In the exercise of the constitutional right to free expression that all of us enjoy, sex may be port rayed and the subject of sex may be discussed, freely and publicly . Material is not to be condemned merely because it contains passages or sequences that are descriptive of sexual activity. However, the constitutional right to free expression does not extend to that which is " obscene." For something to be "obscene" it must be shown that the average person, applying contemporary community standards and viewing the material as a whole, would find (1) that the work appeals predominantly to " prurient" interest; (2) that it depicts or describes sexual conduct in a patently offensive way; and (3) that it lacks serious literary, artistic, political or scientific value. An appeal to " prurient " interest is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex. The first test to be applied, therefore, in determining whether given material is obscene, is whether the predominant theme or purpose of the material, when viewed as a whole and not part by part , and when considered in relation to the intended and probable recipients, is an appeal to the prurient interest of the average person of the community as a whole, [or the prurient interest of members of a deviant sexual group, as the case might be]. The " predominant theme or purpose of the material, when viewed as a whole," means the main or principal thrust of the material when assessed in its entirety and on the basis of its total effect, and not on the basis of incidental themes or isolated passages or sequences. Whether the predominant theme or purpose of the material is an appeal to the prurient interest of the "average person of the community as a whole" is a judgment that must be made in the light of contemporary standards as would be applied by the average person with an average and normal attitude toward, and interest in, sex. Contemporary community standards, in turn, are set by what is accepted in the community as a whole; that is to say, by society at large or people in general. So, obscenity is not a matter of individual taste and the question is not how the material impresses an individual juror; rather, as stated before, the test is how the average person of the community as a whole would view the material. [In addition to considering the average or normal person, the prurient appeal requirement may also be assessed in terms of t he sexual interest of a clearly defined deviant sexual group if you find, beyond a reasonable doubt, that the material was intended to appeal to the prurient interest of such a group as, for example, homosexuals.] An appeal to the prurient interest, as stated before, is an appeal to a morbid, degrading and unhealthy interest in sex as distinguished from a candid interest in sex. The second test t o be applied in determining whether given material is obscene is whether it depicts or describes, in a patently offensive way, sexual conduct such as ultimate sexual acts, normal or pervert ed, actual or simulated; masturbation; excretory functions; or lewd exhibition of the genitals. In making that judgment, however, you must not condemn by your own standards, if you believe them to be stricter than those generally held. Rather, you must measure whether the material is patently offensive by contemporary community standards; that is, whether it so exceeds the generally accepted limits of candor as to be clearly offensive. Contemporary community standards, as stated before, are those established by what is generally accepted in the community as a whole; that is to say, by society at large or people in general, and not by what some groups of persons may believe the community as a whole ought to accept or refuse to accept . It is a matter of common knowledge that customs change and that the community as a whole may from time to time find accept able that which was formerly unacceptable. The third test to be applied in determining whether given material is obscene is whether the material, taken as a whole, lacks serious literary, artistic, political or scientific value. An item may have serious value in one or more of these areas even though it port rays explicit sexual conduct, and it is for you to say whether the material in this case has such value. All three of these tests must be met before the material in question can be found to be obscene. If any one of them is not met the material would not be obscene within the meaning of the law. ANNOTATIONS AND COMMENTS 18 USC § 1465 provides: Whoever knowingly transports [in interstate commerce] for the purpose of sale or distribution of any obscene . . . book, pamphlet, picture [or] film [ shall be guilty of an offense against the United States]. The transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above, or a combined tot al of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable. Maximum Penalty: Five (5) years imprisonment and applicable fine.