Well, right here in the United States, it is particularly not illegal to watch porn, but there are some strings attached to that. You see, if you are caught watching porn in Public, then of course, there can be some action taken against you, but in Private setting, it is perfectly fine. Though, there is more to this whole watching-porn thing that you should know. So, let’s get to it right away.
What the U.S. Law Says About Watching Porn
This isn’t anything really new. The United States Supreme Court addressed it back in 1969 in the matter of Stanley v. Georgia. In that case, the Court gave a clear statement that adults have the right to view “obscene” material, including porn, in the privacy of their homes. That right comes from the First Amendment guaranteeing the freedom of speech.
But there is a ceiling on that. The specific limit brought up is that this pertains only to pinching the content for private viewing at home. Anything illegal whatsoever comes excluded under this. Anything child pornography related, well, the law firmly takes a hard line against it.
Is Watching Porn Legal Under Federal Law?
Yes, it is legal to watch any kind of content involving adults consenting to be filmed; in that case, it is perfectly legal and there is nothing to worry about. Watching adult content inside your room, on your phone, and on other personal devices? That means it is legal.
Though there is something else you should know, like, Federal law absolutely prohibits child pornography from its creation to its sharing, to just viewing. Streaming it, for example, without downloading, is illegal. Some states treat mere viewing as “possession,” which can result in criminal charges, so just be aware of that before you do anything like that.
The Legal Term You Should Know: Obscenity
The word “porn” simply isn’t found in legal language, to be honest. Instead, obscenity stands in its place. Not all pornographic material is considered obscene in a legal sense.
The courts use what is called the Miller Test to determine if an alleged material is obscene, which concerns itself with three particular issues:
- Would an average person in that community find it excessively sexual and offensive?
- Does it explicitly depict sexual acts with an illegal level of offensiveness?
- Does it lack any serious art, educational, political, or scientific value?
When the three tests are met, the material might legally be termed obscene. It thereby becomes illegal to sell, distribute, or display it. Plain and simple! A private viewing in the home, however, remains protected since Stanley v. Georgia.
Can You Get in Trouble for Sharing Porn?
Yes. Watching it in private is one thing. Sharing it is another. Sending explicit material to someone who did not ask for it, sharing it publicly, or giving it to a minor may constitute obscenity dissemination, which is a crime in most states.
For example, in Massachusetts, sending “obscene” material may bring one to five years’ imprisonment. But, in case the minors are involved, then of course, the severity of the case increases, and you can face harsh legal punishment.
