Laserfiche WebLink
• <br /> I <br /> Obscenity, however, should no longer be viewed as a victimless <br /> mounting evidence that sexually oriented businesses are, as described earlier crime./ There is <br /> tcussed report, often associatedincreases in with <br /> crime rates and a decline in thein tie neighborhoods in which they are located. Further, as dis quality of life <br /> 1 there is no prosecution of obscenity, large cash profits make previous! <br /> Y. when <br /> Very attractive to members of organized crime. The Worktn pornographic operations <br /> prosecution of obscenity, particularly cases involving9 Group thus believes that <br /> should assume a higher priority for law enforcement officials children, violence or bestiality, <br /> In addition, many of the difficulties faced whenrosecutin <br /> ---� addressed by adequate training and ap 9 obscenity can be <br /> assistance. In order to prove that material is <br /> obscene, a prosecutor must prove: <br /> (i) that the average person, a <br /> standards would find that the work, taken applying contemporary community <br /> ? interest in sex; as a whole, appeals to the prurient <br /> 1 <br /> (ii) that the work depicts sexual conduct . . • in aaten <br /> manner; and <br /> • <br /> P tly offensive <br /> • <br /> _i . <br /> (iii) that the work, taken as a whole, lacks serious _ <br /> l political, or scientific value. us literary, artistic, <br /> Minn. Stat. § 617.241, subd. 1(a)(i-iii (1988). This statuto <br /> 1 consistent with constitutional standards set forth in Millry standard was drawn to be <br /> Miller, supra. <br /> l - <br /> 5/ Two blue ribbon commissions have reached <br /> harmfulnessuof sexuallys explicit p t material to individuals.different conclusions s dntsal regarding the <br /> - on-Obscenity and Pornography <br /> concluded in 1970 that there wast no evidence of <br /> "social or individual harms" caused by sexually explicit materials <br /> federal, state and local legislation prohibiting the sale, exhibition, <br /> sexual materials to consulting adults should be re and, therefore, <br /> sexualCommon Obscenity onity and Pomoults h at 57-8 e jtjoT or distribution ofon theof <br /> pealed." The Report <br /> owever, in 1986, the Attorney eneral s ommjssjon on Pornography o lode <br /> that "sexually violnt materials . . . bear . <br /> 1 of sexual violence • . a causal relationship to Pornography <br /> a!arc s <br /> substantial exposure to•[nonaviolentjt d grad evidence <br /> matesupports <br /> au st ntial to ncreases the the conclusionlihthat <br /> [ ) . . . commit an act of sexual violence or sexual coercion."1ifor <br /> J General's Comm'n on Pornography, 1 Final Report at 326, 3� <br /> ....3 (1986). Attorney <br /> i <br /> -22- <br />