Revision of the Federal Criminal Code: Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, First Session, on Revision of the Federal Criminal Code, February 14, 15, 22, 27, September 6, 7, 10, 11, 12, 13, 14, 17, October 9, 11, and 25, 1979, Part 4U.S. Government Printing Office, 1982 - 5579 pages |
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Page 2935
... person . This would preserve the scope of the present federal involvement in safeguarding the federal interests in the mails and comerce . Further , subsection 1842 ( a ) ( 2 ) makes it a crime as " to any person " only if it is " com ...
... person . This would preserve the scope of the present federal involvement in safeguarding the federal interests in the mails and comerce . Further , subsection 1842 ( a ) ( 2 ) makes it a crime as " to any person " only if it is " com ...
Page 2938
... person , applying contemporary community standards ; or ( ii ) the average person within a sexually deviant class of persons , if such material is designed for dissemination to such class of persons ; Whereas the " Miller Test ...
... person , applying contemporary community standards ; or ( ii ) the average person within a sexually deviant class of persons , if such material is designed for dissemination to such class of persons ; Whereas the " Miller Test ...
Page 2939
... person would feel is the appeal of the work . The test is whether an average person with the customary standards of decency would think a pornographic work to appeal or cater to an interest in sex which is prurient , meaning lascivious ...
... person would feel is the appeal of the work . The test is whether an average person with the customary standards of decency would think a pornographic work to appeal or cater to an interest in sex which is prurient , meaning lascivious ...
Page 2944
... person less than seventeen . " As discussed earlier , the minors ' provisions of 1842 should be eliminated entirely and the degree of felony for pandering obscenity should depend on whether the material shows any person under eighteen ...
... person less than seventeen . " As discussed earlier , the minors ' provisions of 1842 should be eliminated entirely and the degree of felony for pandering obscenity should depend on whether the material shows any person under eighteen ...
Page 2948
... person has precise knowledge of the specific contents thereof , and whether or not such person has knowledge or an opinion of the legal status or obscenity of the material . ( c ) AFFIRMATIVE DEFENSES . It is an affirmative defense to a ...
... person has precise knowledge of the specific contents thereof , and whether or not such person has knowledge or an opinion of the legal status or obscenity of the material . ( c ) AFFIRMATIVE DEFENSES . It is an affirmative defense to a ...
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Common terms and phrases
alternative programs Alternatives to Prison amendment American Civil Liberties appeal Appendix to prepared April 21 Association Attorney bill Business Roundtable Chairman Citizens Commission Civil Liberties Union Commission on Human committed conviction Counsel crime Criminal Code Criminal Justice David E defense Department of Justice deterrence Director dissemination draft Drinan effective February Federal Criminal Code felony films Government Hobbs Act imprisonment insanity defense Inspector John H. F. Shattuck judge Judiciary Committee June jurisdiction Landau on behalf law enforcement Lee Coleman Legal Legislation letter Letter to Hon Memorandum ment Miller Test National obscene material obscenity Obscenity and Pornography October October 26 October 9 offense Peter Peter W porn prepared statement proposed prosecution provisions prurient interest psychiatric psychiatrists recidivism Reduce Report Robert F Rodino Senate sentence September September 14 Shattuck and David statement of John statute Subcommittee on Criminal subsection Supreme Court tion U.S. Department United Washington York
Popular passages
Page 2939 - In determining what is obscene material, the basic guidelines for the trier of fact must be: (a) whether the "average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work as a whole, lacks serious literary, artistic, political, or scientific value.
Page 2923 - Vice is a monster of so frightful mien, As, to be hated, needs but to be seen; Yet seen too oft, familiar with her face, We first endure, then pity, then embrace.
Page 3209 - ... investigation, including reports of informants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.
Page 3624 - ... be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusations or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.
Page 3572 - Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is.
Page 2951 - If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
Page 3642 - Those who shall have been convicted, in any court of competent jurisdiction, of treason against the State, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned.