THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
Obscenity
1. Obscenity:
Defining "Contemporary" Community Standards
2. Obscenity To Be Judged
By Objective And Adult Standards
3. Obscenity Charge:
Theory Of Defense Instruction
4. Obscenity: Where To
Draw The Line
5. Sex Is Not Obscenity
6. Obscenity: Community
Cannot Condemn What It Tolerates
7. Obscenity: Consider
Each Element Separately
8. Obscenity: Jury Must
Disregard Price Paid For Allegedly Obscene Material
9. Obscenity:
"Patently Offensive" Defined
10. Obscenity: "Prurient
Interest" Defined
11. Obscenity: Definition
12. Obscenity: Material To Be Judged
As A Whole
13. Obscenity: Means Of Distribution
May Be Considered
14. Obscenity: Failure To Produce
Evidence Of Community Standards
15. Obscenity: Unspecified Standards
Require Acquittal
16. Obscenity: Knowledge Of Content
And Character
17. Obscenity: Jury Must Apply
Objective National Standard
18. Obscenity: Jurors Must Apply
Court’s Definition
19. Obscenity: Jury Must Apply
Statewide Community Standards
20. Jury Not To Rely On
Personal Assessment Of Material In Determining Literary,
Artistic, Political,
Educational Or Scientific Value
21. Jury Not To Consider
Effect Of Material On Juveniles Or Children
22. Whether Material
Appeals To Prurient Interests Must Be Measured In
Terms Of Contemporary
Community Standards
23. Sale Of Obscene
Matter: Defendant Must Have Knowledge Of Character And
Content Of Material
24. Value Of Material
Cannot Be Judged Solely On Amount Of Acceptance Within
Certain Community To
Receive Constitutional Protection
25. Jury May Consider
Comparable Materials In The Community
26. "Average
Adult" Synthesis
27. Obscenity: "Average
Person" Connotes A Composite Of All Adults In The Community
28. "Prurient
Interest" Defined
29. Patent Offensiveness
Should Be Decided In Context
30. Obscenity: Definition
Of "Community"
31. Obscenity:
"Average Person In The Community"
32. Obscenity: Jury Must
Determine Whether Material Violates Contemporary
Community Standards
33. Obscenity: How
Contemporary Community Standards Are Determined
34. Obscenity: In
Determining Whether Material Has Legitimate Value, Jury Should
Apply Uniform And
Objective National Standards
35. Obscenity: To Find
Guilt, Evidence Must Be Clear, Satisfactory And Convincing
36. Obscenity: Jury
Must Apply Contemporary State Wide Community Standards
37. Obscenity: If
Jurors Unable To Agree As To Prurient Interest Or Patent Offensiveness
They Must
Return Verdict Of Not Guilty
38. Obscenity: Burden Of
Proof
39. Obscenity:
"Reasonable Person" Standard
40. Obscenity:
"Serious Scientific Value" Includes Legitimate Medical Use Of The
Material
41. Sale Of Obscene
Matter: "Contemporary Community Standards" Means The
Standards Which
Existed In The Community On Date Of Alleged Sale
42. Distribution Of
Obscene Material: Definition Of "Sell"
43. Distribution Of
Obscene Material: Sale Must Be Intentional
44. Distribution Of
Obscene Material: Jury Must Find Intent To Sell
45. Distribution Of
Obscene Material: "Sexual Conduct" Defined
46. Distribution Of
Obscene Material: Defendant Must Know Of The
Nature And Character Of Material
Sold
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Obscenity: Defining "Contemporary" Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Although it would no doubt be easier for you to apply a current view of what is obscene, the law requires you to apply to statewide community standards which existed at the time the movie was sold, that is to say, in __________ (insert month and year).
As the government has the burden to prove each and every element of the offense charged, if the government has failed to produce evidence on what the statewide community standards were on __________ (insert month and year) you may consider that lack of evidence as reason to acquit the defendant.
AUTHORITIES:
Commonwealth v. Dane Entertainment Services, Inc., 490 N.E.2d 785 (Ma. 1986).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
See also The Shellow Collection: Obscenity: Failure To Produce Evidence Of Community Standards.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Obscenity To Be Judged By Objective And Adult Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In determining whether or not the material appeals to a prurient interest in sex or is patently offensive, you must determine whether the average adult person in the statewide community would so find. People have different views as to the propriety of certain material. What may be prurient to some is not prurient to others. What may be offensive to some might be entertaining or artistic to others. Obscenity is not a matter of individual taste. Your personal opinion as a juror about this material is not a proper basis for determining whether or not these materials are obscene. You must judge how the average adult person in the community would view the material.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Obscenity Charge: Theory Of Defense Instruction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
It is the defendant's position that the videotape at issue in this case is not obscene within the meaning of the law for three independent reasons:
First, the videotape has serious educational value in that it may be used in the training of physicians and the treatment of patients with sexual dysfunction.
Second, while this videotape may arouse a sexual interest in some persons, the sexual interests are neither morbid nor shameful and are within the normal range of sexual interests of the average adult in the state of __________.
Third, the depictions of sexual conduct in this videotape, while explicit, are not intolerable to the average adult in the state of __________ and do not go substantially beyond the customary limits of sexual candor for adults in _________ (name of state).
The burden is on ____________ (name of jurisdiction) to disprove each of these propositions to a reasonable certainty by evidence which is clear, satisfactory and convincing. If it has not done so you must find the defendant not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Obscenity: Where To Draw The Line
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The line between protected expression and punishable obscenity must be drawn at the limits of the community's tolerance rather than in accordance with the dangerous standards of individual propriety and taste. You must judge the film according to the evidence presented about the community's standards, not according to your own individual taste and preferences. You must put your personal beliefs aside.
AUTHORITIES:
Smith v. United States, 431 U.S. 291, 304-05 (1977); Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020, 1028-29 (5th Cir. 1981), cert. denied, 455 U.S. 913 (1982); Goldstein v. Allain, 568 F. Supp. 1377 (D.C. Miss. 1983); Porter v. State, 638 S.W.2d 249 (Texas App. 1982), overruled on other grounds, Davis v. State, 658 S.W.2d 572 (Texas Crim. App. 1983).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Sex Is Not Obscenity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Sex and obscenity are not synonymous.
AUTHORITIES:
Roth v. United States, 354 U.S. 476, 487 (1957).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Obscenity: Community Cannot Condemn What It Tolerates
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In applying contemporary community standards, you must bear in mind that the community cannot, where liberty of speech and press are at issue, condemn that which it generally tolerates.
AUTHORITIES:
Smith v. California, 361 U.S. 147, 171 (1959) (Harlan, J., concurring in part and dissenting in part); United States v. Various Articles of Obscene Merchandise, 709 F.2d 132, 137 (2d Cir. 1983)
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Obscenity: Consider Each Element Separately
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Each element set out in these instructions must be considered separately and independently of each other. You must not balance the elements against each other, as in, say, more offensiveness than educational merit. Before you can find the film obscene, you must find that the prosecution has convinced you [beyond a reasonable doubt] of all of the three separate prongs of obscenity as well as of the defendant's knowledge.
AUTHORITIES:
Simpson v. Spice, 390 F. Supp. 1271, 1275-76 (E.D. Wis. 1974) (Judge Gordon).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Obscenity: Jury Must Disregard Price Paid For Allegedly Obscene Material
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
I instruct you that the price paid for this videotape is totally irrelevant to the question of whether or not it is obscene and that you must completely disregard this fact in your determination and deliberations.
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Obscenity: "Patently Offensive" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
Before you can find the material obscene, you must find that the average person in the community applying contemporary, state-wide community standards would find that the material describes or shows sexual conduct in a patently offensive manner.
Sexual conduct has already been defined for you.
Patently offensive means "clearly" offensive, that is, substantially beyond customary limits of sexual candor. Not all descriptions or depictions of sexual conduct are patently offensive. A depiction or description of sexual conduct must clearly exceed the customary limits of sexual candor for adults in the State of _________ for it to be patently offensive.
It must be remembered that the question of patent offensiveness should not be resolved by how you, as individual jurors, view the material, but how the average adult person in the state-wide community would view the material.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
10. Obscenity: "Prurient Interest" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Before you can find that the material sold by the defendant is obscene, you must find that the average person in the state-wide community applying contemporary, state-wide community standards of sexual candor would find that the material in its entirety appeals to the prurient interest in sex.
A prurient interest in sex is not the same as a candid, wholesome, or healthy interest in sex. Material does not necessarily appeal to the prurient interest in sex just because it deals with sex or shows nude bodies. A prurient interest is a morbid or shameful interest in sex.
It must be remembered that the question of prurient appeal should not be resolved by how the material in question here affects you as individual jurors, but how the average person in the state-wide community would be affected by it.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
11. Obscenity: Definition
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Material is obscene only if:
First, applying contemporary, state-wide community standards of sexual candor, the material taken as a whole would appeal to the prurient interest in sex of the average person.
Second, applying contemporary, state-wide community standards of sexual candor, the material depicts or describes sexual conduct in a way that would be patently offensive to the average person.
Third, the material, taken as a whole, applying uniform and objective national standards, does not have serious literary, artistic, political or scientific value.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
12. Obscenity: Material To Be Judged As A Whole
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION
# 1:The (videotape, book, etc.) must be considered as a whole, so that an isolated scene, which might be obscene if considered alone, will not render the whole (videotape, book, etc.) obscene.
SAMPLE INSTRUCTION
# 2:In determining or applying the first element of obscenity, I instruct you to consider the book as a whole, not just one or several of its parts. You are to determine whether the work as a whole contains a dominant theme which would appeal to a prurient interest in sex.
AUTHORITIES:
United States v. X-Citement Video, 513 U.S. 64, 115 S.Ct. 464, 470 n.5 (1994); Erznoznik v. City of Jacksonville, 422 U.S. 205, 211 n.7, 95 S.Ct. 2268, 2273 (1975); Miller v. California, 413 U.S. 15, 24 (1973); United States v. Miscellaneous Pornographic Magazines, 526 F. Supp. 460, 465-66 (D.C. Ill. 1981).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Ehlers, No. H-5716 (Milwaukee County Circuit Court).
SAMPLE INSTRUCTION # 3:
In making your determination of whether or not the average person would find that this _________ (material, e.g., videotape) appeals to the prurient interest, you must consider the material as a whole, in its entirety. The fact that one portion or scene of the material may have some appeal to the prurient interest is not sufficient. The appeal to the prurient interest must be the main and principal appeal of the material. The effect of isolated excerpts cannot be part of your consideration.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3), County of Kenosha v. Brooks, No. 86-OR-523, (Circuit Court, Kenosha County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
13. Obscenity: Means Of Distribution May Be Considered
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The context in which allegedly obscene material is disseminated, including the fact that it is made available only to consenting adults, while not itself a defense, is an appropriate consideration in determining whether the material is obscene.
AUTHORITIES:
Commonwealth v. United Books, Inc., 389 Mass. 888, 453 N.E.2d 406 (Mass. 1983); Commonwealth v. United Books, Inc., 18 Mass. App. 948, 468 N.E.2d 283, 284-85 & n.1 (Mass. App. 1984).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
14. Obscenity: Failure To Produce Evidence Of Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
As the government has the burden to prove each and every element of the offense charged, if the government has failed to produce evidence of the statewide community standards, you may consider that lack of evidence as reason to acquit the defendant.
AUTHORITIES:
United States v. Various Articles of Merchandise, 750 F.2d 596, 599 (7th Cir. 1984); see United States v. 2,200 Paper Back Books, 565 F.2d 566, 569, 570-71 (9th Cir. 1977) (trial court unable to adjudge material obscene when no independent evidence introduced as to prevailing community standards).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
See also The Shellow Collection: Obscenity: Defining "Contemporary" Community Standards.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
15. Obscenity: Unspecified Standards Require Acquittal
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If a particular juror determines that he or she cannot arrive at the community standard, or that one does not exist, then that juror must vote to acquit. The county does have the burden of showing that the material has violated the community standard.
AUTHORITIES:
State v. Taylor, 664 P.2d 439, 449 (Utah 1983); Hawaii v. Kam, 726 P.2d 263 (Hawaii 1986); see United States v. Various Articles of Obscene Merchandise, 709 F.2d 132, 135-36 (2d Cir. 1983); United States v. 2,200 Paper Back Books, 565 F.2d 566, 570-71 (9th Cir. 1977); Commonwealth v. Trainor, 374 Mass. 796, 374 N.E.2d 1216, 1219 (1978)
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
16. Obscenity: Knowledge Of Content And Character
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The county need not prove that the defendant knew or believed that the material was obscene. However, the county must prove to you that the defendant had knowledge of the content and character of the material which would render it obscene. Mere knowledge that the material is sexually explicit or that it contains depictions of sexual conduct is insufficient.
AUTHORITIES:
Hamling v. United States, 418 U.S. 87, 119-20 (1974) (first sentence and all but last clause of second sentence); United States v. X-Citement Video, 513 U.S. 64, 115 S.Ct. 464 (1994) (common law presumption of a scienter requirement for each of the statutory elements which criminalize otherwise innocent conduct, as well as need to avoid "serious constitutional doubts" mandates construction of child pornography statute to require knowledge performer a minor); Ripplinger v. Collins, 868 F.2d 1043, 1055-56 (9th Cir. 1989) (last sentence); 511 Detroit Street v. Kelley, 807 F.2d 1293, 1297-98 (6th Cir. 1986) (same), cert. denied, 482 U.S. 928 (1987); People v. F.P. Books and News, Inc., 533 N.W.2d 362 (Mich. App. 1995) (same); cf. Staples v. United States, 511 U.S. 600, 128 L.Ed.2d 608 (1995) (In light of common law tradition of requiring mens rea, Court construes federal firearm offense as requiring knowledge of character of weapon which renders it an unlawful "firearm," but not knowledge possession of such a firearm is unlawful).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
17. Obscenity: Jury Must Apply Objective National Standard
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Before you can find that this material is obscene you must also find that, taken as a whole, applying uniform and objective national standards, it does not have serious literary, artistic, political, or scientific value. If you find the material has such value, it cannot be obscene even though it may appeal to the prurient interest in sex and even if they depicts or describes sexual conduct in a patently offensive way.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
18. Obscenity: Jurors Must Apply Court’s Definition
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION
# 1:You are instructed that obscenity does not mean the same as disgusting, sexy, loathsome, gross, or upsetting. You may not substitute your own definition of obscenity for the definition which I have given to you. You are bound to accept the definition given to you by this court.
SAMPLE INSTRUCTION # 2:
You are instructed that obscenity does not mean the same as disgusting, sexy, loathsome, filthy, or vile. You may not substitute your own definition of obscenity for the definition which I have given to you. You are bound to accept the definition given to you by this court.
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
NCJIC 309.7.10 [Jury Must Follow And Be Guided By The Instructions Given By The Court].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
19. Obscenity: Jury Must Apply Statewide Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
Your determination of the first two elements of the test for obscenity must be based upon contemporary community standards, that is your understanding of the tolerance of the average person in the State of _________ for sexually oriented material. The standard to be applied is the statewide community's toleration for sexually oriented material.
You should not find that material appeals to a prurient interest or is patently offensive in its depiction of sex simply if you find that a majority of the statewide community does not desire to view sexually explicit material such as that on trial. Rather, to find a work obscene, applying contemporary community standards, you must determine the materials on trial exceed the statewide population's perception of what is generally acceptable or tolerable in the community considering the intended and probable recipients of the material.
AUTHORITIES:
Smith v. United States, 431 U.S. 291, 305 (1977); New York v. Ferber, 458 U.S. 747, 761 n.12 (1982); Saliba v. State, 475 N.E.2d 1181, 1186 (Ind. App. 1985).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
20. Jury Not To Rely On Personal Assessment Of Material In Determining Literary, Artistic, Political, Educational Or Scientific Value
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In determining whether or not the material has serious literary, artistic, political, educational or scientific value, you should not rely upon your own personal assessment of the value of the material. Instead you must determine whether a reasonable person would find serious literary, artistic, political, educational or scientific value in the material.
AUTHORITY:
Pope v. Illinois, 481 U.S. 497 (1987).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
21. Jury Not To Consider Effect Of Material On Juveniles Or Children
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The effect of this material on juveniles or children is not part of your consideration. We are all aware that there are individuals in the community who are susceptible or especially sensitive to materials dealing with sex. We are all aware also that there are those in the community who are unusually sophisticated as to sexual matters. But you are to consider the appeal of this material to the average adult person, the person with average sexual instincts, in determining whether or not this material appeals to the prurient interest and is patently offensive.
AUTHORITIES:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
22. Whether Material Appeals To Prurient Interests Must Be Measured In Terms Of Contemporary Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Whether this material, taken as a whole, appeals to the prurient interest, and whether it describes or shows sexual conduct in a patently offensive way, must be measured in terms of the contemporary community standards of the State of _________. You must determine whether or not this material violates those standards, that is, whether it goes beyond the limits of candor that the adult community on a state-wide basis deems tolerable for adults in the description or depiction of sexual conduct.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
SAMPLE INSTRUCTION # 2:
In determining whether the material, taken as a whole, appeals to the prurient interest, and whether it portrays sexual conduct in a patently offensive way, you must determine and apply the contemporary community standards of the State of ________.
Contemporary community standards are determined by what the people of the State of ________, as a whole, in fact, find presently tolerable.
Ascertainment of the standard must be based upon an objective determination of what affronts, and is intolerable to, the community as a whole.
If you are unable to identify the statewide community standard, the defendant is entitled to a finding in his favor.
AUTHORITIES:
State v. Kam, 726 P.2d 263, 265 (Hawaii 1986); Commonwealth v. Trainor, 374 Mass. 796, 374 N.E.2d 1216, 1219 (1978).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
23. Sale Of Obscene Matter: Defendant Must Have Knowledge Of Character And Content Of Material
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
You are instructed that one of the elements of the offense is the defendant's knowledge of the character and content of the material. The prosecution must prove to a reasonable certainty that _________ (defendant/name of business selling material) knew of the nature and content of the __________ (matter e.g., magazine, videotape) at the time it was allegedly sold. If the circumstances surrounding the defendant's possession of the material are such that you must speculate whether the defendant knew the nature and content of the __________ (matter e.g., magazine, videotape), then you must find _________ (defendant/name of business selling material) not guilty.
SAMPLE INSTRUCTION # 2:
The prosecution is required to prove by a reasonable certainty that the defendant had knowledge of the nature and content of the material. Instead, the county must show by clear and convincing evidence to a reasonable certainty that the defendant both knew of the character of the material and also knew of its contents.
AUTHORITY:
Court v. State, 51 Wis. 2d 683, 188 N.W.2d 475, 484 (1971).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
24. Value Of Material Cannot Be Judged Solely On Amount Of Acceptance Within Certain Community To Receive Constitutional Protection
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In regard to judging whether this __________ (matter e.g., magazine, videotape) lacks serious literary, artistic, political, educational or scientific value, you must not utilize contemporary community standards. The First Amendment [e.g., freedom of speech] is so fundamental a right that the value of a work cannot be judged solely on the amount of acceptance it has won within any certain community. The ideas a __________ (matter e.g., magazine, videotape) represents never need to obtain approval of the majority in order to receive constitutional protection. The burden is on the government to produce expert evidence to prove that the __________ (matter e.g., magazine, videotape) lacks such merit.
AUTHORITIES:
Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1981 (1987); Luke Records v. Navarro, 960 F.2d 134, 138-39 (11th Cir. 1992).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
25. Jury May Consider Comparable Materials In The Community
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Evidence of availability of similar material in the community is one aspect which you may consider as evidence of acceptance in terms of community standards.
AUTHORITIES:
United States v. Various Articles of Merchandise, 750 F.2d 596, 599, 600 (7th Cir. 1984).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
26. "Average Adult" Synthesis
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When the Court talks of "average adult," this means a synthesis. It does not mean simply the most susceptible members of the community or the most easily offended. It is necessary for you to decide this case based on your understanding of the spectrum of adult persons in the entire community.
AUTHORITIES:
E.g., Pinkus v. United States, 436 U.S. 293, 298-300 (1978).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
27. Obscenity: "Average Person" Connotes A Composite Of All Adults In The Community
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The average person in the community is not an arithmetic mean or a statistical mode or median. The average person does not involve any number of people, the majority or a few or some. The "average person" is a term connoting a composite or synthesis of all adults in the State of ________. Thus, you must consider the effects of the material on the average adult person in the community.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3), County of Kenosha v. Brooks, No. 86-OR-523, (Circuit Court, Kenosha County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
28. "Prurient Interest" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The term "prurient interest" does not encompass normal, healthy sexual desires, but instead refers to a shameful or morbid interest in sex.
AUTHORITY:
Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 498-99, 105 S.Ct. 2794, 2799 (1985).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
29. Patent Offensiveness Should Be Decided In Context
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The issue of patent offensiveness should be decided in context. The jury should consider not only the material itself but also the circumstances under which it is to be disseminated. These circumstances include the nature and location of the business offering the material, notice to prospective patrons, and precautions, if any, to ensure that unwilling patrons will not be exposed to such materials unwillingly.
AUTHORITIES:
Commonwealth v. Dane Entertainment Services, Inc. (No. 1), 397 Mass. 197, 490 N.E.2d 783 (1986) (failure to give this instruction reversible error).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
30. Obscenity: Definition Of "Community"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You are instructed that when I use the term contemporary community standards, I refer to that standard of sexual candor, frankness and explicitness which the adult population of the State of ________ is willing to tolerate for adults at the present time. The "community" which the standard is based upon is the entire adult population of the State of ________, not a particular county, city, town or village.
RELATED NCJIC MATERIALS:
See NCJIC 3.2.6 [Duty To Define Terms With Specialized/Technical Meaning; No Duty To Define Common Terms].
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
31. Obscenity: "Average Person In The Community"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In making your determination as to whether or not the material you have seen appeals to a prurient interest in sex and is patently offensive, you must utilize the standard of the "average person in the community." I have already explained that "community" means the entire adult community of the state of _________. It is also important to remember that you are judging the facts in this case not by your own personal standards but by the standards of the average person. You are not to consider the effects of this material on children. When I say the average person, I mean the average adult citizen of the entire state of Wisconsin, taking into account all the varieties of adults.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
See NCJIC 3.2.6 [Duty To Define Terms With Specialized/Technical Meaning; No Duty To Define Common Terms].
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
32. Obscenity: Jury Must Determine Whether Material Violates Contemporary Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Whether this material, taken as a whole, appeals to the prurient interest, and whether it describes or shows sexual conduct in a patently offensive way, must be measured in terms of the contemporary community standards of the State of ________. You must determine whether or not this material violates those standards, that is, whether it goes beyond the limits of candor that the adult community on a state-wide basis deems tolerable for adults in the description or depiction of sexual conduct.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
33. Obscenity: How Contemporary Community Standards Are Determined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Contemporary community standards are determined by what the community, the State of ________, as a whole, in fact, finds intolerable for adult viewing. The community as a whole is Wisconsin society at large, and not particular people or particular groups. What some people think the community ought or ought not to tolerate is not important, nor is your judgment to be based upon what you as individual jurors might think is tolerable or tolerated. It is what people in general, the community as a whole, tolerate that is determinative.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
34. Obscenity: In Determining Whether Material Has Legitimate Value, Jury Should Apply Uniform And Objective National Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In determining whether or not the material has serious literary, artistic, political, or scientific value you should apply uniform and objective national standards. That is to say you should determine whether the material has such value based on the literary, artistic, political or scientific values of the entire adult populace of the United States, not just the State of _______ (state).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
35. Obscenity: To Find Guilt, Evidence Must Be Clear, Satisfactory And Convincing
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If you are satisfied to a reasonable certainty by evidence that is clear, satisfactory and convincing that the defendant sold material, that (he/she) did so intentionally, that the material sold by the defendant portrayed sexual conduct, that the defendant knew the contents and character of the material and that the material sold by the defendant is obscene, then you should find the defendant guilty.
If, however, you are not so satisfied, then you must find the defendant not guilty.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
36. Obscenity: Jury Must Apply Contemporary State Wide Community Standards
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The standards you are to apply are contemporary state wide community standards. Standards may change with the passage of time and you may find that the adult populace tolerates certain material which was not tolerated in the past.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
37. Obscenity: If Jurors Unable To Agree As To Prurient Interest Or Patent Offensiveness They Must Return Verdict Of Not Guilty
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If you are unable to agree on what the views of the average person are on the subject of prurient interest or patent offensiveness, then I instruct you to return a verdict of not guilty.
AUTHORITY:
Commonwealth v. Mascolo, 386 N.E.2d 1311, 1314 (Mass. App. Ct. 1979).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
38. Obscenity: Burden Of Proof
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
It is the defendant's position that the ________ (material, e.g.,magazine, video, etc.) at issue in this case is not obscene within the meaning of the ordinance for two independent reasons:
First, while the ________ (material, e.g.,magazine, video, etc.) may arouse a sexual interest in some persons, the sexual interest is neither morbid nor shameful and is within the normal range of sexual fantasies of the average adult in the State of ________. It is the defendant's position that magazine would not provoke or stimulate a morbid, that is, abnormal sexual response for the average adult in the State of ________.
Second, the depictions of sexual conduct in these magazines, while explicit, are not clearly intolerable to the average adult in the State of ________.
The burden is on _________ County to disprove each of these propositions to a reasonable certainty by evidence which is clear, satisfactory and convincing. If it has not done so, you must the defendant not guilty.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
County of Kenosha v. Perez, No. 86-OR-525 and 526.
SAMPLE INSTRUCTION # 2:
It is the defendant's position that the ________ (material, e.g.,magazine, video, etc.) at issue in this case is not obscene within the meaning of the law for three independent reasons:
First, the ________ (material, e.g.,magazine, video, etc.) has serious scientific and educational value in that it may be used in the training of physicians and the treatment of patients with sexual dysfunction.
Second, while this ________ (material, e.g.,magazine, video, etc.) may arouse a sexual interest in some persons, the sexual interests are neither morbid nor shameful and are within the normal range of sexual fantasies of the average adult in the State of ________.
Third, the depictions of sexual conduct in this ________ (material, e.g.,magazine, video, etc.), while explicit, are not intolerable to the average adult in the State of_________.
The burden is on __________ County to disprove each of these propositions to a reasonable certainty by evidence which is clear, satisfactory and convincing. If it has not done so you must find the defendant not guilty.
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
39. Obscenity: "Reasonable Person" Standard
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In determining whether a reasonable person would find serious literary, artistic, political, educational or scientific value in the material, you must not equate a reasonable person's views with those of an average person or ordinary member of the local or even statewide community. The question of whether the material has value should not be determined by prevailing local or statewide views on value. A reasonable person may in fact find a work to have value even though the average or ordinary member of the community would not.
AUTHORITY:
Pope v. Illinois, 481 U.S. 497 (1987).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 48: [Objective Unreasonableness (Reasonable Person Standard)].
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
40. Obscenity: "Serious Scientific Value" Includes Legitimate Medical Use Of The Material
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
"Serious scientific value" includes the legitimate medical use of the materials. The purpose of the publisher in producing the materials or that of the seller in selling them or of the buyer in purchasing them should not be considered in determining whether or not the materials themselves have a "serious scientific value."
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
41. Sale Of Obscene Matter: "Contemporary Community Standards" Means The Standards Which Existed In The Community On Date Of Alleged Sale
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You are instructed that, by the term "contemporary community standards," I mean the standards which existed in the community on the date of the alleged sale. If these standards are different from the standards which existed in the community when you were raised, or when you went to school, I instruct you to disregard prior and previous community standards. This _________ (material e.g., magazine, video, etc.) must be considered by you in the light only of the community standards which existed at the time of its alleged sale.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Ehlers, No. H-5716 (Milwaukee County Circuit Court).
RELATED NCJIC MATERIALS:
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
.THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
42. Distribution Of Obscene Material: Definition Of "Sell"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The first element of the offense requires that the defendant sold material. To sell means to give up possession of material for money or other consideration.
RELATED NCJIC MATERIALS:
See NCJIC 3.2.6 [Duty To Define Terms With Specialized/Technical Meaning; No Duty To Define Common Terms].
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
43. Distribution Of Obscene Material: Sale Must Be Intentional
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The second element of the offense requires that the defendant intentionally sold the material, that is, that the defendant had the mental purpose of selling the material or that (his/her) actions resulted in the sale of the material with the belief that (his/her) actions, if successful, would result in the sale of the material.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED NCJIC MATERIALS:
See NCJIC Chapter 45: Criminal Intent.
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
44. Distribution Of Obscene Material: Jury Must Find Intent To Sell
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You cannot look into a person's mind to find out (his/her) intent. The intent to sell the material must be found as a fact before you can find the defendant guilty of distribution of obscene material. Intent must be found, if found at all, from (his/her) acts, words, statements, and any other evidence bearing on (his/her) intent.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 45: Criminal Intent.
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By
James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
45. Distribution Of Obscene Material: "Sexual Conduct" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
One element of the offense requires that the material sold by the defendant describes or shows "sexual conduct."
Sexual conduct is defined as:
Sexual intercourse, sodomy, beastiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
RELATED NCJIC MATERIALS:
See NCJIC 3.2.6 [Duty To Define Terms With Specialized/Technical Meaning; No Duty To Define Common Terms].
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
46. Distribution Of Obscene Material: Defendant Must Know Of The Nature And Character Of Material Sold
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
One element of the offense requires that the defendant knew of the nature and character of the material sold. It is not necessary for the County to show that the defendant had knowledge of the actual contents of the material distributed sold. If the defendant knew the material contained descriptions, depictions or portrayals of sexual conduct, which are contained therein, then the requirement of knowledge of their contents may be found.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
City of LaCrosse v. Benson, No. 79-SC-60 (Circuit Court, LaCrosse County, Br. 3).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Elements: Knowledge.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 47: Knowledge.
NCJIC 101.7 [Pornography/Obscenity].
NCJIC 305.15.1 [Obscenity/Pornography].