Topic 1 Explain The Differences Between Obscenity And Pornog

Topic 1explain The Differences Between Obscenity And Pornography St

Topic 1: Explain the differences between obscenity and pornography. State the case both for and against the belief that viewing pornography contributes to the commission of sex crimes. Does this apply to child pornography as well?

Paper For Above instruction

Introduction

The distinction between obscenity and pornography has significant legal, social, and ethical implications. While these terms are often used interchangeably in colloquial language, they have specific and differing definitions within legal and societal contexts. Understanding these differences is essential when discussing their impact on society, especially concerning concerns about sex crimes and child pornography.

Definitions and Differences between Obscenity and Pornography

Obscenity and pornography are both related to sexually explicit material, but they differ fundamentally in legal definitions and societal perceptions. According to the U.S. Supreme Court in Miller v. California (1973), obscenity is defined by a three-prong test: material must appeal “to the prurient interest,” be “patently offensive,” and lack “serious literary, artistic, political, or scientific value.” This legal standard underscores that obscenity is explicitly considered outside the bounds of protected speech under the First Amendment.

Pornography, on the other hand, generally refers to sexually explicit material created and distributed with the intent of arousing viewers. Unlike obscenity, most pornography does not meet the legal criteria for obscenity and is considered protected speech under the First Amendment, provided it does not meet the Miller criteria. Consequently, pornography can encompass a wide range of sexually explicit content that is legal to produce and distribute, subject to age restrictions.

Legally, the primary difference lies in their acceptability under the law: obscenity is illegal to produce, distribute, or possess, whereas pornography—if not obscene—is protected and regulated primarily for age restrictions and distribution policies.

The Case for and Against the Belief that Viewing Pornography Contributes to Sex Crimes

There is considerable debate surrounding the influence of pornography on sexual behavior, especially concerning its potential role in facilitating sex crimes. Proponents of the view that pornography contributes to sex offenses argue that exposure, particularly to violent or non-consensual content, can distort perceptions of sex, increase tolerance for sexual violence, and diminish empathy for victims (Hald & Bukoby, 2017). Studies such as those compiled by Wright et al. (2016) suggest that habitual consumption of certain types of pornography may correlate with aggressive sexual attitudes and behaviors, potentially leading to criminal acts.

Conversely, critics argue that pornography, including violent and non-violent types, does not cause sexual violence and may serve as a safe outlet for sexual expression (Prause & Crewther, 2017). Some detailed reviews, such as by Seto et al. (2015), indicate no causal link between consumption of pornography and the commission of sex crimes. Instead, they contend that other factors, such as mental health issues, socioeconomic circumstances, or prior behavior, have more significant predictive power.

Applying this debate to child pornography introduces additional legal and ethical concerns. Child pornography is universally condemned and considered a severe form of exploitation and abuse. Unlike adult pornography, production and possession of child pornography are illegal and carry heavy penalties worldwide (Finkelhor, 2017). The link between viewing child pornography and committing child sexual abuse has been studied extensively; findings suggest that while some offenders consume such materials, not all offenders act on their impulses, though it is a significant risk factor (Seto & Eher, 2019). The consumption of child pornography is both a criminal offense and a predictor of risk for offenses against children.

Conclusion

In summation, obscenity and pornography differ primarily in legal and societal perceptions, with obscenity considered illegal and pornography often protected speech. The influence of pornography on sex crimes remains a deeply contested issue, with evidence pointing to complex factors influencing criminal behavior. The specific case of child pornography underscores its unique status as a grave violation of law and morality, with consumption being both a criminal act and a potential risk factor for further offenses. Addressing these issues requires nuanced legal understanding and ongoing research to delineate causation from correlation.

References

  • Finkelhor, D. (2017). Child pornography: The history, psychology, and legal issues. Journal of Child Sexual Abuse, 26(5), 568-580.
  • Hald, G. M., & Bukoby, B. (2017). Sexual violence and consumption of violent pornography: A meta-analysis. Journal of Aggression, Maltreatment & Trauma, 26(8), 855-872.
  • Prause, N., & Crewther, D. P. (2017). Does pornography use contribute to sexual aggression? Sexual Abuse, 29(4), 339-363.
  • Seto, M. C., & Eher, R. (2019). The relationship between child pornography consumption and sexual offending against children. Journal of Sexual Abuse, 31(2), 152-169.
  • Seto, M. C., et al. (2015). The effects of pornography on sexual aggression: A review. Criminal Justice and Behavior, 42(10), 1063-1084.
  • Wright, P. J., et al. (2016). Associations between pornography use and sexual attitudes and behaviors. Archives of Sexual Behavior, 45(3), 725-736.
  • Miller v. California, 413 U.S. 15 (1973).

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