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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?
Internet sexual predators continue to elude law enforcement in great numbers. What are the similarities and differences between the online sexual predators and in person sexual abusers?
Pornography, on the other hand, is a broader term encompassing any material intended to arouse sexual excitement. It can include depictions of explicit sexual acts, but it can also include material with artistic or literary merit. Most pornography is protected by the First Amendment as a form of free speech, unless it meets the legal definition of obscenity or involves the exploitation of children.
The debate about whether viewing pornography contributes to the commission of sex crimes is complex and ongoing.
Arguments for a link: Some researchers argue that exposure to pornography, particularly violent or degrading pornography, can desensitize individuals to sexual violence, normalize aggressive sexual behavior, and reinforce harmful stereotypes about women. They suggest that this can contribute to an increased risk of committing sexual offenses.
Arguments against a link: Other researchers argue that there is no conclusive evidence to support a causal link between viewing pornography and committing sex crimes. They point out that many factors contribute to sexual offending, including psychological, social, and environmental factors. They also argue that restricting access to pornography could violate freedom of speech rights.
Child pornography is a separate category with no First Amendment protection. It is illegal to produce, distribute, or possess child pornography, regardless of whether it meets the legal definition of obscenity. There is a general consensus that child pornography is harmful and contributes to the sexual abuse of children.
Online sexual predators share some similarities with in-person sexual abusers, but there are also important differences.
Similarities: Both online and in-person abusers are motivated by a desire to exploit and harm others. They may use similar tactics, such as grooming, manipulation, and coercion. They may also have similar psychological profiles, such as a history of abuse or trauma.
Differences: Online predators have the advantage of anonymity and distance, which can make it easier for them to target victims and avoid detection. They may use technology to create fake identities, communicate with victims, and distribute child sexual abuse material. In-person abusers, on the other hand, may have direct access to victims and may use physical force or threats to coerce them.
It's important to recognize that online sexual predation is a serious problem that requires a multifaceted approach to prevention and intervention. This includes educating potential victims about online safety, improving law enforcement's ability to investigate and prosecute online abusers, and addressing the underlying factors that contribute to sexual offending.
The terms obscenity and pornography are often used interchangeably, but they have distinct legal and social meanings.
Obscenity is a legal term referring to material that is considered highly offensive and lacking in artistic, literary, political, or scientific value. The legal definition of obscenity in the United States is based on the Miller Test, which considers whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Obscenity is not protected by the First Amendment and can be legally restricted.