Under the First Amendment, you have the constitutional right to freedom of speech, which broadly encompasses writing, art, photography, dance and film, including newer forms of communication such as websites, web videos, and e-mail. (See our section Internet Sex Crimes / Pornography for more information.) However, the right to free speech is limited. If your speech is determined to be obscene, you could be subject to criminal and civil prosecution.
As experienced obscenity law lawyers, Anthony J. Colleluori and his associates are ready to protect your constitutional rights, 24 hours a day, seven days a week, for any New York or Long Island obscenity or sex crime charges as well as violations of your First Amendment rights.
We have extensive experience handling a wide range of obscenity and sex crime allegations
States have struggled with defining “obscenity” for years, and in Miller v. California (1973), the Supreme Court established guidelines that basically determined that material is obscene if it is patently offensive without serious literary, artistic, political, or scientific value and if the average person would find that the work as a whole appealed to prurient (lustful) interests. Pornography and obscenity are not the same, and pornography is legal unless it is distributed or made available to minors or contains content of minors engaged in explicit sexual activity, in which case is it child pornography. Child pornography is illegal in all states.
Based on Supreme Court rulings, obscenity falls under the jurisdiction of state courts, relying on the values of the local area as a standard. So if you are in the entertainment or sex industry, you need to understand the important role the jury plays — with its conservative or liberal values — in hearing your case.
New York prosecutes obscenity harshly, with the most serious charge being first-class obscenity, a class D felony. If you are being investigated for or have been charged with obscenity, you need to immediately contact attorney Anthony J. Colleluori. As an experienced criminal defense lawyer, he will do everything possible to protect your rights. When charged with obscenity offenses, you risk having your business closed down and personal property seized.
When convicted of obscenity, you could face:
The prevailing social climate for anyone convicted of a sex crime is stringent. Sex crimes have more-severe consequences than other criminal convictions, with sex offender listings being publicized after prison release, living areas restricted, and job opportunities limited. Mere possession of child pornography carries a lengthy prison term.
A long list of sex crimes may label you as a sex offender:
If you are arrested, or being investigated, for child pornography, Internet sex crimes, prostitution, sexual assault, date rape, or any other sex-related crime, contact a criminal defense lawyer before answering any questions the police or other authorities ask you. The Law Offices of Anthony J. Colleluori will work diligently to have your case dropped before charges are filed. If charges have already been filed, we will fight to have charges reduced, if possible. Early involvement in your case gives us a start on preparing a strong criminal defense on your behalf.
As an American citizen, you have First Amendment rights, and our firm aggressively opposes government actions aimed at suppressing your freedom of speech. We have a duty to ensure that authorities do not erode the privileges our founding fathers fought to establish.
As a member of the First Amendment Trial Lawyers Association, attorney Anthony J. Colleluori has decades of experience helping clients keep their property and means of business. Our lawyers have represented clients throughout the adult entertainment industry, whether involved in escort services, strip clubs, adult movies, gentlemen’s clubs or related work. We fight diligently against injustices such as the police shutting down a whole club or escort service based on the alleged behavior of one employee.
Our New York City obscenity law and sex crime defense attorneys will take the time to explain the strengths and weaknesses of both your case and the government’s case so you understand your options and can make an informed decision. Schedule a confidential consultation by calling us at (516) 741-3400 or filling out our intake form. We are available 24 hours a day, seven days a week.
We can communicate with our clients in Mandarin Chinese, Italian, Farsi, Creole, French, Spanish, and Tagalog.
For additional information about domestic violence and family law or to discuss your divorce or domestic violence charges (including restraining orders) with an experienced trial lawyer, please call us at (516) 741-3400 or fill out our intake form. We are available 24 hours a day, seven days a week.
Members of our law firm speak Mandarin Chinese, Italian, Farsi, Creole, French, Russian, Spanish and Tagalog.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting Us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.