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O

ootc

Guest
In regard to Texas laws regarding obscenity, particularly regarding the definitions and sections 43.22 - 43.24 of the Texas Penal Code, I would like to know if any charges could be brought, and successfully prosecuted, against a person who was engaged in the following scenario:

1. A person writes serious short stories which all involve nude female bondage and moderate abuse above the waist sometime during the story, either as a predominant theme or as a major component of the story. These stories are actually well written and, were it not for the this content, would otherwise likely be accepted as above average literary material in their own right.

2. The person takes professional quality consensual digital photographs of his wife which depict the abusive portions of this story. These pictures are all taken from the waist up. Many of them involve the use of objects such as clamps and such. Some of them involve the use of stage blood and/or digital image manipulation to simulate minor wounds. There are no depictions of anything more severe.

3. The person couples these pictures and stories in order to create illustrated stories.

4. The person stores these stories and images in his home, on a PC and on accessory storage media.

5. The person creates a web-site in which he posts these stories and images as part of a monthly membership site which allows access to these stories and images in exchange for paid membership. This site is set up so that none of these images or descriptions are available in the introductory pages. Access to this material is only possible after the viewer passes through a well known and reputable Internet AVS (Adult Verification Site).

I understand that this subject matter might cause concern in and of itself and have attempted to edit the letter so as not to do so. I apologize in advance to any that might be so offended. While doing so, I also thank anyone that might provide assistance in advance.
 


S

SF Lawyer

Guest
This is a law school exam type set of hypothetical questions, not appropriate for a response on this website.
 
O

ootc

Guest
In my attempt to keep a sensitive topic from offending anyone, I apparently went too far in make the question generic. Simply put, I am about to embark on a venture as described in the "hypothetical" I described.

With the definitions of "obscene" and "patently offensive" as vague as they are, I was hoping that you could offer your advise and opinion as to whether or not I would be in danger of criminal action or whether the material I described would be protected as having serious literary and artistic value based on case law.

Thank you again for your time. If the topic remains inappropriate for these boards after you read this addendum, please advise and I will seek other avenues of advise.
 

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