Are Webcam Broadcasts Considered Obscenity?

[judgediatl]

In the state of Ohio they can charge you with a felony for peddling obscenity. Based on a California case, it was determined that obscenity is considered anything simulating sexual content.

I have two questions:

1. On sites like Chatroulette and Omegle, if someone asks me to appear naked on cam (or vice versa) and we have confirmed we are both over 18, is that considered broadcasting obscenity?

2. Under the same guides lines as the above question, if I broadcast pornographic material to this person via my webcam (IE: playing a video clip that contains sexual content) is that considered broadcasting obscenity?

I need to know both these answerers under the preface of this being legal or illegal in the State of Ohio.

Thank You

 

[HighwayMan]

In the state of Ohio they can charge you with a felony for peddling obscenity. Based on a California case, it was determined that obscenity is considered anything simulating sexual content.

What does a court case in California have to do with Ohio?

 

[BigMouthWino]

What does a court case in California have to do with Ohio?

That's what he's asking do you have anything to contribute?

OP: If you think what you're doing is obscene, chances are you can be charged with obscenity; however, unless you are transmitting the material to minors or it is something the general public would consider to be particularly vulgar (i.e. crushing small animals for sexual gratification) it is highly unlikely you would be prosecuted. You should also keep in mind that you could be prosecuted both where you are transmitting from and where you are transmitting to.

 

[quincy]

Federal obscenity laws need to be considered when more than one state is involved.

Nakedness on its own would not necessarily be considered obscene or violate any obscenity laws. This doesn't mean that you could not get into trouble with your nude videos anyway, especially if you or any of those viewing or exchanging videos look younger than 18. You better have good proof of ages on hand.

And there is no need to be rude, BigMouth.

 

[BigMouthWino]

And there is no need to be rude, BigMouth.

If one has nothing to contribute to answering a poster's question or responding to a sub-topic of the thread one should not click reply.

 

[davew128]

Nakedness on its own would not necessarily be considered obscene or violate any obscenity laws.

Well.....if I clicked on a sex site and Rosie O'Donnell appeared naked on a webcam, I would most definitely consider that obscene.

 

[quincy]

It is better to click reply and ask a question of the original poster than it is to click reply simply to lodge an insult against one of the forum members.


cc. latigo

 

[BigMouthWino]

It is better to click reply and ask a question of the original poster than it is to click reply simply to lodge an insult against one of the forum members.


cc. latigo

Almost as though using the multi-quote feature i both lodged the insult against the unhelpful member who simply re-asked the question posed by the OP and provided advice to the OP. Quit circling your wagons.

 

[You Are Guilty]

If one has nothing to contribute to answering a poster's question or responding to a sub-topic of the thread one should not click reply.

Pot, kettle... glass houses... let he who is without sin... ah nevermind, you get the picture.

 

[Zigner]

Pot, kettle... glass houses... let he who is without sin... ah nevermind, you get the picture.

I doubt that...

 

[swalsh411]

Legal pornography is not obsenity. If it were, it would be illegal. The two words are not interchangable.

Be forewared though. Your little chat will likely end up on motherless.

 

[judgediatl]

Legal pornography is not obsenity. If it were, it would be illegal. The two words are not interchangable.

Be forewared though. Your little chat will likely end up on motherless.

Thanks for the info.

Can you explain this a bit? If pornography is sexual content and obscenity is described as depictions of sexual acts, how are they not interchangeable?

My point is that I'm not clear how that state of Ohio can charge you with Obscenity as a felony if pornography is sold in the state. Again I point to the many Hustler stores operating in some cities that sell pornography.

Also, another follow up on the webcam. Im going to great pains to ensure that the people who would see these webcam broadcasts are over 18 (one of which is specifically requiring them to confirm they are infact an adult over 18).

However, what if they lie and I broadcast to a minor anyway? Can I still be held accountable (providing I retain the documentation)?

 

[justalayman]

Just what law(s) are you talking about? I cannot find anything that criminalizes porn as you suggest.

 

[judgediatl]

Just what law(s) are you talking about? I cannot find anything that criminalizes porn as you suggest.

This is backed up in Miller vs California and the Ohio Revised Code Section 2907.35 that deal with obscenity, best I can tell. However I'm not a lawyer so I just know what I read other people telling me.

Here are some more detailed points I've found in my research. An article with an attorney being asked this exact question responded this way:

Ohio Revised Code Section 2907.35 obscenity, and is reproduced below; however, please take note of subsection (D), which I have underlined. It excludes the internet material as long as the data is not under the person's control, and only accessed on line. So, Internet Webcam Pornography is not illegal in Ohio as long as it does not involve a minor, and is not under a person's control.

My question is on the part of the "control." Obviously, I would be the one filming with webcam, broadcasting and essentially providing the content to the other person FROM my end. Does that mean I'm under control and not them? To which party does the "control" stipulation refer to, them or me? If it refers to me then obviously I am under control and would what I'm doing would be breaking the law?

 

[justalayman]

How do you think that applies to you?