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Obscenity

An elusive concept used in the context of criminal law to describe a publication which is illegal because it is morally corruptive.

An elusive concept used in the context of criminal law to describe a publication which is illegal because it is morally corruptive.

The common law has struggled with this word as society has evolved towards greater tolerance of alternative sexual behavior.

Historically, it included any lewd material which had no apparent social value, which was offensive to contemporary community standards of decency, and even material which tended to invoke impure sexual thoughts.

As an example of a modern definition, Canada has defined obscene material as any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and crime, horror, cruelty or violence.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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