Anonymous
7/17/2025, 5:20:20 AM
No.715678701
>>715677576
Indeed, obscenity laws are vague and subjective, and that is true both federally and in all states (aside from Oregon) since most are in line with Miller which is a vague and subjective test.
This particular law, at least as written, does not expand the content that could be found obscene, any case which guilt could be found here could also have been found obscene under the law as it has been in Texas for decades. The obscenity test aside, the law effectively is written to apply as:
Is the content in content legally obscene as defined via Texas law? If yes, does the content include a depiction of a child (even if a cartoon or animation)? If yes, does that child in this obscene material engage in one of the acts described under 43.21(a)(1)(B)? If yes the new law allows an additional charge in addition to the already relevant obscenity charge.
Though as said, if a prosecutor is hellbent on pretending the law isn't as written, then you can end up with cases like Castillo regardless of the text of the law.
Indeed, obscenity laws are vague and subjective, and that is true both federally and in all states (aside from Oregon) since most are in line with Miller which is a vague and subjective test.
This particular law, at least as written, does not expand the content that could be found obscene, any case which guilt could be found here could also have been found obscene under the law as it has been in Texas for decades. The obscenity test aside, the law effectively is written to apply as:
Is the content in content legally obscene as defined via Texas law? If yes, does the content include a depiction of a child (even if a cartoon or animation)? If yes, does that child in this obscene material engage in one of the acts described under 43.21(a)(1)(B)? If yes the new law allows an additional charge in addition to the already relevant obscenity charge.
Though as said, if a prosecutor is hellbent on pretending the law isn't as written, then you can end up with cases like Castillo regardless of the text of the law.