40.5 I am in America and I have some European tapes (with some "taboo" parts) and I am not sure how I can swap or sell them... I mean are they illegal?
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This article is from the Sex Movies FAQ, by director@gti.net (The Director) with numerous contributions by others.
40.5 I am in America and I have some European tapes (with some "taboo" parts) and I am not sure how I can swap or sell them... I mean are they illegal?
Mail order specialists Blowfish, have this to say on the subject:
Some guiding principles: On the Federal, nation-wide level, the
only class of material that is specifically illegal is child
pornography. Everything else falls under the vague definition of
"obscenity," and that requires some district or federal attorney to
decide that:
(a) Some material is obscene;
(b) There is political merit in bringing charges;
(c) A conviction is likely.
Sadly, there is no easy answer to the question, "Will I get
busted?" Anything is possible. Things that tend to increase the
chance of prosecution are:
1. Having material that is sufficiently far from the norm
that getting a jury to agree that it is obscene would be
easy;
2. Having an aura of being a successful merchant of porn,
rather than just someone unloading their collection;
3. The political climate and political pressures on the
prosecutor.
*In general*, most prosecutors don't waste their time on
individuals; successful merchants are a much better target, since
they can be portrayed as Porn Kings, and they have assets worth
seizing. This does not mean that selling this material is
considered Just Fine in the eyes of the law; it just means that the
prosecutors have bigger fish to fry, with a better chance of
conviction.
We can't offer a formula for staying out of trouble. If you refuse
to ship across state lines, you've eliminated one major source of
grief, and if you only sell to San Francisco, Los Angeles, or New
York, it is unlikely that busting a small-time operator on
obscenity charges will be worth the trouble of the DA.
Best of luck.
Bill Majors, a producer and distributor, offers this perspective:
OK, first, nothing other than kiddie porn is illegal in the USA (as
a federal community). Some states have different laws, but in most
cases the Federal will supersede the state. *IN MOST CASES.* It
should be noted that SOME states DO decide to go after folks on a
state level. Illinois, and New Mexico might be two good examples as
well as Kansas. These are just three that come to mind instantly.
Now on to the question of "verboten" materials that you mention.
Those that you mentioned ARE exactly that, "verboten." If you were
to just send them to a friend, no problem, unless the "friend
objected, etc." However the minute you "sell them" then you stand
a chance of being prosecuted. Stores don't always hire the
smartest folks in the world and remember they are NOT involved in
interstate transactions therefore they need only fear local police.
THE EXCEPTION: In Kentucky some poor folks found out that they
COULD be part of a federal prosecution since they were named as
"co-conspirators" in a federal indictment. After saying that they
would NEVER settle they learned about the costs and the fact that
if they were found guilty that the RICO act might be used to seize
their stores... as was done to Ferris Alexander. (His case is still
being worked on after the Supreme Court found that it was a
violation of the 8th amendment to do so, however, no end is in
sight).
If you ship between states then you are ripe for a federal bust,
particularly since you probably don't have the 250,000 bucks
(minimum) to defend yourself. Therefore you will make a plea
bargain (or worse -- settle for a public defender!) to save
yourself time and money. The feds get an easy conviction and they
are happy and you are not. One other thing, if you decide to make
copies (when you run out of your original stash) then copyright
laws come into effect.
New York, is a special case. Some years ago a federal judge was
asked to enjoin the city from prosecuting stores. The lawyers for
the stores pointed out that community standards were supposed to
apply. Then they pointed out that after theatre at the entrance to
the Lincoln tunnel there were prostitutes who were nude in the
streets. Well it turned out that the judge had seen that, been
there, and ruled that since the "community standards" were so lax
that in New York county (Manhattan) nothing could be obscene
except for kiddy porn. I don't know about S.F.
Final advice, trade to your hearts content. Sell, and while
probably nothing will happen be prepared to face the worst, you
never can tell when they will come swooping down.
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