RECOMMENDATION 9

Part: 
Three
Chapter: 
2

State legislatures should enact, if necessary, forfeiture provisions as part of their obscenity laws

The addition of forfeiture provisions to the state obscenity statutes would greatly enhance their deterrent effect and would be an effective tool for law enforcement officers to use against the most egregious offenders. These forfeiture provisions may mirror such provisions found in several federal statutes. The precise scope of the forfeitures should be the decision of each state legislature and subject to judicial interpretation.

Some states already have taken the initiative in implementing forfeiture provisions in their obscenity laws. The Metropolitan Bureau of Investigation (M.B.I.) in Orlando, Florida, provides an excellent example of the effectiveness of forfeiture provisions under state law. Using the forfeiture provisions of the Florida RICO Act, the M.B.I. obtained forfeitures of $80,000 to $100,000 worth of property in a single investigation and prosecution.[173] The forfeited property included two computer systems, two projection screen televisions and a large assortment of films, magazines, and novelties.[174] Forfeiture should be used to uproot the capital of pornography producers and distributors. Used effectively, forfeiture can substantially handicap these businesses.

Notes

  1. New York Hearing, Vol. II, Larry Schuchman, p. 52.
  2. Id.; See, Recommendations for Changes in Federal Law in this Chapter.