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| | State v. Harrold, S-97-1167, 256 Neb. 829 |
 | | To decide this question of fact, the triers of fact must look at the work depicting sexual conduct as a whole and determine whether its dominant theme is one which goes substantially beyond customary limits of candor in appealing to a shameful or morbid interest in sex. |
 | | Harrold's masturbation is clearly depicted; in fact, the camera is placed in such a way that Harrold's genitals are prominently displayed and are the primary image visible on the screen during Harrold's masturbation. |
 | | In that decision, the district court found that in order to appeal to the prurient interest, a work must appeal to the "darker side of sex," and listed the depiction of force, deliberate pain, inanimate insertions, bondage, deception, or the involvement of children or animals as examples of material that would be considered obscene. |
| www.ncpa.ne.gov /ctopinio/S97-1167.htm (10654 words) |
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