Legal Question in Criminal Law in Texas
obscenity
Would the constitutional right of privacy provide a defense to a charge of possession of obscene materials where videotapes were viewed only by the defendant in the privacy of his or her home?
Asked on 2/04/02, 1:37 pm
1 Answer from Attorneys
Gerald R. Yoakum
The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm
Re: obscenity
It depends on what you are calling obscene, child porn, (persons under 18 engaged in sex acts ) has been deemed illegal and not a violation of your Constitutional right to privacy. The material can be seized and you arrested if found in your home.
Answered on 2/06/02, 7:58 am
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