State law prohibits hardcore pornography

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Reference no: EM131905883

Question: State law prohibits "hardcore pornography." Among the many prohibitions of the law is a provision making it a felony to possess or sell materials that are known to depict bestiality (sex between a human and an animal). Sam, a local adult bookstore owner, sold to Herb a magazine entitled Wild on the Farm. The magazine was Sealed, and its contents were not visible. The magazine was delivered to Sam in error, part of a large shipment of magazines and books.

During a raid on Sam's establishment, the local police discovered the sales ticket reflecting Herb's purchase, his name, and his address. The police then obtained a search warrant for Herb's home and found the magazine during their search. Sam and Herb have both been charged with violating the state's obscenity law. Should they be convicted? Explain your answer.

Reference no: EM131905883

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