Legal Question in Criminal Law in Texas

Re: ''Obscenity''

Obscenity:

Obscenity is determined by applying the contemporary community standards test laid out by the US Supreme Court. While a prosecutor could attempt to charge conduct as you describe as obscene within your community, it is highly doubtful. Cases involving much more graphic depictions have failed to survive constitutional attacks before the appellate courts. The fact that you consented to making of the video most likely prevents your complaints in civil court as well, especially, if your ex-spouse didn�t financially gain from the presentation. I am not a civil lawyer, so contact a lawyer in your area for case specific advise.

A person commits an offense if, knowing its content and character, he: (1) promotes or possesses with intent to promote any obscene material or obscene device; or (2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.

The definition of "Obscene" means material or a performance that: (A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; (B) depicts or describes: (i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or (ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and (C) taken as a whole, lacks serious literary, artistic, political, and scientific value.

Best wishes.

JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

WWW.JOHNTFLOYD.COM