I. Recommendations for the Justice System and Law Enforcement Agencies

Part: 
Three
Chapter: 
1
  1. Recommendations for Changes in Federal Law

    Recommendation 1. Congress should enact a forfeiture statute to reach the proceeds and instruments of any offense committed in violation of the Federal obscenity laws.

    Recommendation 2. Congress should amend the Federal obscenity laws to eliminate the necessity of proving transportation in interstate commerce. A statute should be enacted to only require proof that the distribution of the obscene material "affects" interstate commerce.

    Recommendation 3. Congress should enact legislation making it an unfair business practice and an unfair labor practice for any employer to hire individuals to participate in commercial sexual performances.

    Recommendation 4. Congress should amend the Mann Act to make its provisions gender neutral.

    Recommendation 5. Congress should amend Title 18 of the United States code to specifically proscribe obscene cable television programming.

    Recommendation 6. Congress should enact legislation to prohibit the transmission of obscene material through the telephone or similar common carrier.

  2. Recommendations for Changes in State Law

    Recommendation 7. State legislatures should amend, if necessary, obscenity statutes containing the definitional requirement that material be "utterly without redeeming social value" in order to be obscene to conform with the current standard enunciated by the United States Supreme Court in Miller v. California.

    Recommendation 8. State legislatures should amend, if necessary, obscenity statutes to eliminate misdemeanor status for second offenses and make any second offense punishable as a felony.

    Recommendation 9. State legislatures should enact, if necessary, forfeiture provisions as part of the state obscenity laws.

    Recommendation 10. State legislatures should enact a Racketeer Influenced Corrupt Organization (RICO) statute which has obscenity as a predicate act.

  3. Recommendations for the United States Department of Justice

    Recommendation 11. The Attorney General should direct the United States Attorneys to examine the obscenity problem in their respective districts, identify offenders, initiate investigations, and commence prosecution without further delay.

    Recommendation 12. The Attorney General should appoint a high ranking official from the Department of Justice to oversee the creation and operation of an obscenity task force. The task force should consist of Special Assistant United States Attorneys and Federal agents who will assist United States Attorneys in the prosecution and investigation of obscenity cases.

    Recommendation 13. The Department of justice should initiate the creation of an obscenity law enforcement data base which would serve as a resource network for Federal, State, and Local law enforcement agencies.

    Recommendation 14. The United States Attorneys should use Law Enforcement Coordinating committees to coordinate enforcement of the obscenity laws and to maintain surveillance of the nature and extent of the obscenity problem within each district.

    Recommendation 15. The Department of Justice and United States Attorneys should use the Racketeer Influenced Corrupt Organization Act (RICO) as a means of prosecuting major producers and distributors of obscene material.

    Recommendation 16. The Department of Justice should continue to provide the United States Attorneys with training programs on legal and procedural matters related to obscenity cases and also should make such training available to state and local prosecutors.

    Recommendation 17. The United States Attorneys should use all available Federal statutes to prosecute obscenity law violations involving cable and satellite television.

  4. Recommendations for State and Local Prosecutors

    Recommendation 18. State and Local prosecutors should prosecute producers of obscene material under existing laws including those prohibiting pandering and other underlying sexual offenses.

    Recommendation 19. State and Local prosecutors should examine the obscenity problem in their jurisdiction, identify offenders, initiate investigations, and commence prosecution without further delay.

    Recommendation 20. State and Local prosecutors should allocate sufficient resources to prosecute obscenity cases.

    Recommendation 21. State and Local prosecutors should use the bankruptcy laws to collect unpaid fines.

    Recommendation 22. State and Local prosecutors should use all available statutes to prosecute obscenity violations involving cable and satellite television.

    Recommendation 23. State and Local prosecutors should enforce existing corporate laws to prevent the formation, use and abuse of shell corporations which serve as a shelter for producers and distributors of obscene material.

    Recommendation 24. State and Local prosecutors should enforce the alcoholic beverage control laws that prohibit obscenity on licensed premises.

    Recommendation 25. Government Attorneys, including State and Local prosecutors, should enforce all legal remedies authorized by statute.

  5. Recommendations for Federal Law Enforcement Agencies

    Recommendation 26. Federal law enforcement agencies should conduct active and thorough investigations of all significant violations of the obscenity laws with interstate dimensions.

    Recommendation 27. The Internal Revenue Service should aggressively investigate violations of the tax laws committed by producers and distributors of obscene material.

  6. Recommendations for State and Local Law Enforcement Agencies

    Recommendation 28. State and Local law enforcement agencies should provide the most thorough and up-to-date training for investigators involved in enforcing the obscenity laws.

    Recommendation 29. State and Local law enforcement agencies should allocate sufficient personnel to conduct intensive and thorough investigations of any violations of the obscenity laws.

    Recommendation 30. State and Local law enforcement officers should take an active role in the law enforcement coordinating committees.

    Recommendation 31. State and Local revenue authorities must ensure taxes are collected from businesses dealing in obscene materials.

    Recommendation 32. State and Local public health authorities should investigate conditions within "Adults Only" pornographic outlets and arcades and enforce the laws against any health violations found on those premises.

  7. Recommendation for the Judiciary

    Recommendation 33. Judges should impose substantial periods of incarceration for persons who are repeatedly convicted of obscenity law violations and when appropriate should order payment of restitution to identified victims as part of the sentence.

  8. Recommendations for the Federal Communications Commission

    Recommendation 34. The Federal Communications Commission should use its full regulatory powers and impose appropriate sanctions against providers of obscene DialA-Porn telephone services.

    Recommendation 35. The Federal Communications Commission should use its full regulatory powers and impose appropriate sanctions against cable and satellite television programmers who transmit obscene programs.

  9. Recommendation for Other Federal Organizations

    Recommendation 36. The President's Commission on Uniform Sentencing should consider a provision for a minimum of one year imprisonment for any second or subsequent violation of Federal Law involving obscene material that depicts adults.