OBSCENITY. By English common law it is an indictable misdemeanour to give an obscene exhibition or to publish any ob scene matter, whether it be in writing or by pictures, effigy or otherwise. But the test of criminality as accepted in England is whether the exhibition or matter complained of tends to deprave and corrupt those whose minds are open to immoral influences and who are likely to visit the exhibition, or to see the matter published. If the exhibition or publication is calculated to have this effect, the motive of the publisher or exhibitor is immaterial. Even in the case of judicial proceedings, newspapers are not privileged to publish evidence which falls within the definition.
Besides the remedy by indictment there are statutory pro visions for punishing as vagabonds persons who expose to public view in public streets or adjacent premises obscene prints, pic tures or other indecent exhibitions. These are supplemented by the Indecent Advertisements Act 1889. By the Obscene Publica tions Act 1857 powers are given for searching premises on which obscene books, etc., are kept for sale, distribution, etc., and for
ordering their destruction, and the post office authorities have power to seize postal packets containing such matter and to prose cute the sender under the Post-Office Act.
The use of obscene or indecent language in public places is punishable as a misdemeanour at common law, but it is usually dealt with summarily, under the Metropolitan Police Act 1839, or the Town Police Clauses Act 1847, or under local by-laws.
In the United States, the different States provide punishment for obscene libel, the exhibition of obscene pictures and the dis play or use of obscene language in public. The Federal Govern ment penalizes sending of obscene matter through the mails.
Indecent acts committed with intent to insult females are punishable under the Vagrancy Act 1824 as amended by sect. 42 of the Criminal Justice Act 1925, and if committed otherwise under the Acts of 1839 and 1847. (W. DE B. H.)