How to use the State Obscenity Report Form
A central plank in any program of citizen support for obscenity law enforcement is the submission of detailed reports to State prosecutors. To assist you in this, MIM has designed a generic
State Obscenity Report Form in
Adobe PDF format and in
MS Word format that you or your group or organization should submit to these officials.
One or two persons from your group may have to volunteer for the difficult but necessary task of visiting the "adult" bookstores or other businesses that sell hardcore pornography and noting the names and titles of such material. You should not confront the proprietor of the establishment. The "buy" should be made by an undercover cop who will be able to testify.
You will note that, with these forms, you are not initiating a criminal prosecution. You are only making a report, exercising your right as a citizen to have the proper official investigate a possible violation of the law.
You should have a copy of your State obscenity law (if your State has an effective statewide obscenity law) or your local obscenity ordinance (if any). To see your state's laws, go to the NOLC's Federal and State Obscenity Statutes page.
Step by step instructions
- Use the State Obscenity Report Form (see links above) as a master; photocopy extra forms as needed.
- On the lines beneath "State Prosecutor" address your report to your local District Attorney (State's Attorney, County Prosecutor, etc.) if you are reporting a possible violation of State law. Your District Attorney's office should be listed in the phone book.
- On the lines beneath "organization or citizen(s) making report," show your name and address or the name and address of the organization.
- Please note the three-pronged test for obscenity that follows the words, "In My Opinion." In order to be obscene and in violation of state obscenity laws, the material must meet all three tests.
- Check off the appropriate box after the phrase, "I (We) Am (Are) Reporting About."
- After "Now Located At," show the location of the "adult business" or local "mainstream" store, magazine stand, etc.
- After "Entitled," show the name of the video, magazine, etc.
- Check off the appropriate box or boxes after the phrase "Which Depicted or Described."
Note regarding Web sites: The best legal weapon against obscene material on the Internet is the Federal Obscenity Laws (18 USC 1462 and 1465, you can link to these laws from the NOLC's Federal and State Obscenity Statutes page). If the source server computer is located in your state, or if your State can initiate extradition proceedings for violations of your State's obscenity laws, you may be able to make reports to both your Federal and State prosecutors.