A person can be accused of being involved in an obscene
performance if he ‘knowingly’ participated or engaged in the portrayal,
depiction or exhibition of any obscene, indecent or immoral act or performance.
The State of Nevada considers
a performance obscene if it has the following criteria:
- If an average person who bases his decisions on a general point of view finds that the performance under investigation attracts prurient interest; even when taken as a whole.
- The performance, as a whole, lacks significant artistic, political, literary or scientific value.
- The performance did atleast one of the following:
·
Depicted or described sexual acts – normal or
perverted, actual or simulated – in an evidently offensive way.
·
Depicted or described masturbation, excretory
functions, sadism or masochism undoubtedly in an offensive way.
·
Vulgarly or indecently exposed the genitals.
Penalties & Sanctions
Obscene
crimes fall under the misdemeanor category. This type is the least serious type
of crimes thus it doesn’t have severe punishments. The standard penalty for
such crimes is a fine worth $1,000 or less and/or up to 6 months in a county
jail. The person charged with a misdemeanor crime can only plead to the court
to seal his record after two years. Nevertheless, if the criminal defense
lawyer is experienced, he can convince the court to dismiss the case or at
least limit the punishment of the accused. Once this happens, the criminal defense attorney can also petition the court to seal the
criminal record right away.
Defenses
There
are three common ways to defend a person accused for being involved in an
obscene performance:
- Insist that the accused did not act ‘knowingly’.
The full consent
of the person who participated in an obscene performance is a requirement for
this crime. Hence, if the criminal defense lawyer can prove that the person did
not act according to his will, this type defense can subject the obscene case
for dismissal.
- Insist that the show is not ‘obscene’.
The obscenity of
the performance or act is hard to prove because the opinions of people vary.
The act may be coined offensive even if it’s not totally immoral. If the
defense attorney can stand to this, the result of the case will usually be in
favor of the defendant.
- The performance is covered by the first amendment.
The U.S. Supreme
Court declared in the first amendment that nude dancing can be considered as
part of free expression. As long as there is no live sex and there are no children
involved as performers or as part of the audience, chances are big that the act
falls under legal grounds for obscene cases.
Are you accused of this crime? Call
Ross Goodman, the most credible criminal defense attorney in Las Vegas, at (702)
383 – 5088 or visit Attorney Ross Goodman's Office.