Document Type

Article

Publication Date

1-1976

Abstract

The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were not asked to discuss whether the state should adopt a provision regulating the dissemination of sexually oriented material to juveniles. The Report assumed that a juvenile obscenity provision would be adopted and the issue before us was what should be included in that statute. Second, the Report assumed that the provision would be in the form of a criminal statute. We did not consider the possibility of utilizing a civil proceeding as the basic means of regulation. Third, it was assumed that the statute would be based upon essentially the same premises as supported the New York juvenile obscenity statute upheld in Ginsberg v. New York. Those premises are discussed in part I below.

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