Obscenity and Sexual Offenses in New Jersey Law

MEMOIRS V. MASSACHUSETTS, 1966

1973 COURT GUIDELINES .351 abandoned requirement 'utterly without redeeming social value.'

New guidelines:

1. Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

MODEL PENAL CODE – test based on review: material is obscene if its 'predominant appeal' to ordinary adults’ morbid interest in nudity, sex or excretion. .352

OBSCENITY AND THE INTERNET – Communications Decency Act of 1996 (CDA).

Reno v. ACLU, 521 U.S. 844 (1997)

CHILD PORNOGRAPHY – BIG BUSINESS highly organized, multimillion dollar industry. .352

• PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION ACT OF 1977 – age 16
• CHILD PROTECTION ACT OF 1984 – age 18
• U.S. v. U.S. DISTRICT COURT, 858 F. 2d 554 (9^th CIR. 1988)

BREASTFEEDING NJ REV. STATUTE 26:4B-4/5 (1997)

EXHIBITIONISM – repeated and intentional act of exposing one’s genitals to an unsuspecting stranger(s) for the purpose of achieving sexual excitement. Again, local ordinances allow topless or full nudity entertainment establishments. (Where nudity is part of a form of entertainment between adults in a private place, indecent exposure is usually not an issue).

[] What is the local community standard? .354

PROSTITUTION, SOLICITATION AND PANDERING .355 At C/L – if a woman solicited on the street (sexual favors), she was guilty of prostitution?

Today, prostitution is a statutory crime in NJ at NJ2C:34-1. NJ statute reads: prostitution is sexual activity with another person in exchange for something of economic value or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

• MANN ACT, 18 USC 2421
• CHILD EXPLOITATION AND OBSCENITY, CEOS, 18 USC 2421-3

PIMPING AND PANDERING – [] Was Richard Gere in Pretty Woman a pimp or panderer? .357

ADULTERY, FORNICATION (idaho,utah,minnesota) ILLICIT COHABITATION .358

• ADULTERY – single act – three (3) elements:
• NJ Divorce proceedings –
• SODOMY – deviate sexual intercourse. 358-9
• BOWERS V. HARDWICK, 478 U.S. 186 (1986)
• LAWRENCE V. TEXAS, 539 U.S. 558 (2003)

GAMBLING– track racing (horses, harness, dogs), state lotteries, video machines, commercial sweepstakes, gambling tournaments (poker), charity (bingo). OTB, Off Track Betting, Vineland, NJ 3/30/07 NJ 2C:37-2 Promoting Gambling (Knowingly)