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POLICE PROBLEMS IN ENFORCEMENT OF LAWS PERTAINING TO OBSCENITY AND SEX-RELATED CRIMINAL OFFENSES

NCJ Number
53571
Journal
Police Chief Volume: 45 Issue: 2 Dated: (FEBRUARY 1978) Pages: 52-54,82
Author(s)
E D HEATH
Date Published
1978
Length
4 pages
Annotation
AN OVERVIEW OF PROBLEMS ENCOUNTERED BY POLICE ADMINISTRATORS IN ENFORCING LAWS PERTAINING TO OBSCENITY AND SEX-RELATED OFFENSES IS PRESENTED.
Abstract
SEVEN BROAD VICE-RELATED PROBLEMS TO BE RESOLVED BY POLICE ADMINISTRATORS ARE IDENTIFIED: (1) OBSCENITY AND SEX-RELATED OFFENSES OFTEN INVOLVE A CONSENSUAL ACT BETWEEN THE PERSON DESIRING A SERVICE AND THE PERSON WHO PROVIDES THAT SERVICE; (2) IN MANY JURISDICTIONS, THE PARTY WHO RECEIVES THE ILLEGAL SERVICE IS ALSO VIOLATING THE LAW AS AN ACCESSORY TO THE CRIME; (3) COMMUNITY ATTITUDES OFTEN REFLECT A HIGH LEVEL OF TOLERANCE TOWARD CERTAIN VICE ACTIVITIES; (4) THERE ARE FREQUENTLY CONFLICTING PRESSURES ON THE POLICE FROM THE COMMUNITY; (5) ORGANIZED CRIME OR A CRIMINAL ELEMENT IS USUALLY DRAWN INTO VICE ACTIVITIES IN URBAN AREAS; (6) VICE-RELATED CRIMES OFTEN FOSTER OR CAN BE DIRECTLY LINKED TO MURDER, ASSAULT, KIDNAPPING, LOAN SHARKING, BURGLARY, THEFT, AND EXTORTION; AND (7) IN MANY JURISDICTIONS, OBSCENITY AND SEX-RELATED OFFENSES ARE CLASSED AS MISDEMEANORS. SPECIFIC PROBLEMS OF THE POLICE RELATE TO PROSTITUTION (RAP PARLORS, ESCORT SERVICE, NUDE MODEL PICTURE PARLORS, MASSAGE PARLORS, BIKINI WRESTLING STUDIOS, AND NONALCOHOLIC CLUBS), OBSCENE MOVIES AND SHOWS, LIVE SEXUAL ACTS, AND THE USE OF FEMALE UNDERCOVER POLICE OFFICERS. LEGAL PROBLEMS IN THE ENFORCEMENT OF LAWS ON OBSCENITY AND SEX-RELATED OFFENSES CONCERN FOURTH AMENDMENT ARRESTS, SEARCHES AND SEIZURES, AND EXPECTATIONS OF PRIVACY, ENTRAPMENT, THE ADMISSIBILITY OF TESTIMONY, AND THE ACCOMPLICE WITNESS TESTIMONY RULE. (DEP)

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