Definition of “Porn” Vague

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In State v. Padilla, the WA Supreme Court held that a defendant’s parole conditions prohibiting him from possessing or accessing pornographic materials was unconstitutionally vague because the accompanying definition of “pornographic materials” is vague and overbroad.

BACKGROUND FACTS

Mr. Padilla was convicted for communicating with a minor for immoral purposes. The court sentenced him to 75 days of confinement and 12 months of community custody, imposing multiple conditions.

Padilla challenged the condition prohibiting his possession and access to pornographic materials. The term “pornographic material’ was defined by Padilla’s Community Corrections Officer (CCO) as “images of sexual intercourse, simulated or real, masturbation, or the display of intimate body parts.”

 COURT’S ANALYSIS & CONCLUSIONS

The Court reasoned that a legal prohibition, such as a community custody condition, is
unconstitutionally vague if (1) it does not sufficiently define the proscribed conduct so an ordinary person can understand the prohibition or (2) it does not provide sufficiently ascertainable standards to protect against arbitrary enforcement.  Furthermore, a vague condition infringing on protected First Amendment speech can chill the exercise of those protected freedoms. A restriction implicating First Amendment rights demands a greater degree of specificity and must be reasonably necessary to accomplish the essential needs of the state and public order.

“Padilla notes that the prohibition against viewing depictions of simulated sex would unnecessarily encompass movies and television shows not created for the sole purpose of sexual gratification,” said the Court. “We agree.”

“Films such as Titanic and television shows such as Game of Thrones depict acts of simulated intercourse, but would not ordinarily be considered ‘pornographic material.’ We agree. The prohibition against viewing depictions of intimate body parts impermissibly extends to a variety of works of arts, books, advertisements, movies, and television shows.” See Jenkins v. Georgia, (the depiction of nudity alone is not enough to make material legally obscene).”

The Court further reasoned that, on its face, the plain language of the pornography condition and its relevant definition is ambiguous. In application, the definition does not provide adequate notice of what behaviors Padilla is prohibited from committing and also encompasses the prohibition of constitutionally protected speech. “But also, delegating the authority to determine the prohibition boundaries to an individual CCO creates a real danger that the prohibition on pornography may ultimately translate to a prohibition on whatever the CCO personally finds titillating,” said the Court.

“In the present case, Padilla’s sentencing condition and its definition similarly fails to adequately put him on notice of which materials are prohibited and leaves him vulnerable to arbitrary enforcement,” said the Court. “Therefore, the condition is unconstitutionally vague.”

With that, the WA Supreme Court reverse the Court of Appeals’ decision upholding the condition and remanded the issue back to the trial court for further definition of the term “pornographic materials” following a determination of whether the restriction is narrowly
tailored based on Padilla’s conviction.

Contact my office if you, a friend or family member is on parole and allegedly violating certain conditions of their community custody responsibilities. An experienced defense attorney could frame legal arguments showing that, similar to this case, the CCO might actually be enforcing rules and conditions which are too vague to be legal.