Carl Barkemeyer is an obscenity defense lawyer in Livingston Parish, Louisiana. The criminal charge of obscenity in Louisiana is taken very seriously. It is a felony offense that carries a mandatory minimum sentence of six months in prison on the first offense. Therefore, this charge requires serious representation to adequately defend.
Carl Barkemeyer has defended many clients charged with Obscenity in Louisiana. He will protect your rights to ensure you obtain the best possible results in your case. The prosecutor in these types of cases generally count on witnesses to help prove the case. Carl Barkemeyer is skilled at cross-examining prosecution witnesses. He realizes that things are not always as they appear to the witness. He will use his experience and knowledge to help you develop the best case strategy.
To characterize certain (particularly sexual) material as offensive to the public sense of decency.
Basically, it is a judgement call for the judge or jury to determine exactly what is obscene. The defendant has the option to choose to have a trial if the case cannot be worked out any other way.
The most common scenario of obscenity occurs when the defendant exposes himself or herself to others in public. This can be classified as lewd conduct. However, therer are many nuances and circumstances surrounding this law that can make each specific case a different situation for the defendant. For instance, a woman flashing her breasts can be obscenity. However, we all know that this crime is not prosecuted on Bourbon Street, especially during Mardi Gras. But, if a man shows his genitals, he will probably get arrested for obscenity.
Other examples include:
â— Display of genitals, pubic hair, or other private area in a public place with the intent of arousing sexual desire or in any way that is considered offensive
â— Participating in or managing a public performance of “hard core sexual conduct” that would be defined by contemporary standards as offensive
â— Manufacture, publication, distribution, etc., of obscene material for sale, presentation, display, or other uses
â— Requiring a person to accept obscene material as a condition to a sale, allocation, or delivery of some good or service, or threatening to impose a penalty on someone for not accepting the obscene material
â— Solicitation of any person under 17 years of age for any kind of act listed above
â— Distributing or transmitting an adult advertisement or display without the legally required disclaimer
At the trial, evidence will be presented by the prosecutor to try to prove the act was obscene. The jury then gets to determine if it obscene based on the juror’s life experiences.
An obscenity charge occurs when a police officer arrests a person for allegedly committing obscenity. Obscenity can be a variety set of facts. The prosecutor will actually determine whether or not to formally charge the defendant with obscenity after he reviews the police reports from the arresting officer. Therefore, the actual, formal obscenity charge is only done by the prosecuting attorney. He may choose to dismiss the prosecution if he prefers. This is why having an experienced obscenity lawyer to step in and communicate early on with the prosecutor is so beneficial.
The crime of obscenity is a felony in Louisiana. The potential sentence for obscenity is a fine of not less than one thousand dollars up to $2500 and/or jail time of 6 months to 3 years with or without hard labor. That means the judge has some discretion as to whether or not he wants to order the defendant to pay a large fine or a small fine as well as how long to put the defendant in jail. Obscenity is an offense that allows for probation.
Obscenity in Louisiana is a crime. In fact, it is a serious crime. The legislature has decided to make it a felony, in most cases.
The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court’s decision in Miller v. California (1973). These guidelines are the three prongs of the Miller test.
â— (1) whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest;
â— (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
â— (3) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value
Obscenity in Louisiana is not a sex offense. Therefore, those who are convicted of obscenity are not required to register as a sex offender.
Mr. Barkemeyer has defended clients charged with obscenity for over 16 years. He understands that every obscenity charge is different and every client is in a different situation. There are many ways to approach these types of charges. Many times, the client has a clean record and has made an embarrassing mistake. The client could have a job and personal life he needs to protect. We know how to help our clients to protect his record and personal life. Feel free to contact us if you need a criminal defense lawyer for an obscenity charge in Louisiana. We have represented clients charged with obscenity in many areas of Louisiana including, Baton Rouge, Livingston, Denham Springs, Tangipahoa, Covington, Ascension, and New Orleans.
Contact Livingston Parish Obscenity Defense Lawyer, Carl Barkemeyer, at (225) 964-6720 to discuss legal representation.