Harry Neanderthal also has some material in his possession that does not fit the Miller test definition of obscenity. Some of the non-obscene material depicts minors engaging in sexual activity. Someone tips off the police and once again they raid his house. According to precedent, Harry will not go to jail for possession of the material because it is not obscene.

Question

Quizplus · Accepted Answer

Unlike the previous question, the Supreme Court has allowed tremendous discretion to law enforcement in an effort to curb child pornography. The material need not be obscene to be actionable. What's more, while mere possession of obscene material may not be prosecuted (it must be sold, exhibited, etc.) but mere possession of child pornography can be prosecuted.

Harry Neanderthal Also Has Some Material in His Possession That