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Obscenity is a criminal offense under Union of Everett federal law, established as part of the Everetti Non-Discrimination Act (ENDA) which prohibits the public use of offensive discriminatory language or worn or displayed materials that is discriminatory against specific minority groups. Obscenity is listed in federal Penal Code as a Level Seven crime, resulting in ticket citation.

Definition

Under federal hate crimes code, the crime of Obscenity is committed when the offender uses verbalized hate speech, as defined under the criminal offense as offensive slurs and hate bias and or harassment against a specific minority group such as racist, sexist or other slurs and speech, used publicly; or the wearing of offensive discriminatory materials that uses offensive slurs and or hate based bias and discriminatory symbols or wording against specific minority groups, worn or displayed publicly.

Illegal symbols designated as obscene include Nazi symbolism, Nazi flags, Nazi insignia, Ku Klux Klan or white pride movement insignia or flags, street gang graffiti and street gang or organized crime or other gang symbolism or insignia. It is considered a crime to perform hand or other gestures known as promoting discriminatory or obscene ideologies, including Nazi Hiel Hitler salutes and flashing gang signs. It is also illegal for individuals to verbalize obscene hate-based language publicly, including intentional harassment of individuals of specific demographics, such as racial epithets and slurs. Sexual harassment is also a form of obscenity under the law. Unwarranted sexual harassment of an individual in a generic public situation is considered an act of Obscenity.

Enforcement

Enforcement of Obscenity law is authorized during rallies of groups of individuals publicly promoting or endorsing discrimination against a specific demographic of people, which can range from race, sex, lawful immigrants, veterans, the disabled, ethnic groups, religion, sexual orientation, gender identity, among others. Commonly, groups such as Neo-Nazi rallies and the infamous Westboro Baptist Church protests resulted in heavy fining. Police may also fine individuals engaging in harassing behavior, such as an individual racially harassing pedestrians of a certain skin tone on a public street, or an individual harassing homosexuals on a public street. Obscenity fines can be cited if an officer comes across an individual using discriminatory language in public, including slurs and epithets.

Obscenity citations are frequent results of police investigations into reports of bullying or reports of harassment, where offenders are fined for verbally harassing victims. Obscenity fines are also more frequently cited against individuals engaging in sexual harassment of women in public situations. Law enforcement are known to cite individuals who use direct crude sexual comments against any individuals, most commonly women however.

Penalties

Law enforcement are authorized to intervene in any public situation in which Obscenity offenses appear to be taking place and under law, may ticket and fine offenders with Level 7 citations. Federal guidelines start citations at a fine of $50 for Obscenity offenses and seizure of any offending articles (such as a Nazi flag for example). Continued deliberate Obscenity after failure to comply with law enforcement and violation of the citation may result in additional citations and could increase charges to include Disorderly Conduct, a Level 6 criminal offense, which can result in up to 30 days incarceration maximum. Other charges depend on the situation and offenses. Obscenity used during incidents of bullying can be considered a hate crime if the bullying and coinciding verbal obscenities are based on the victim's demographic features (race, sexual orientation, ethnicity, gender identity, etc). Public rallies or protests held for a discriminatory basis can be considered obscene and result in hate crime charges and Obscenity fines in excess of $500 per violation, which would include, a charge per violating sign, picket, flag or verbalization.

Exceptions

The law provides for the protection of friendly obscenity, for example, friends who are talking amongst themselves or engaging in consenting joking behavior, which includes the use of discriminatory epithets and slurs, as protected free speech and cannot be fined.

Items generally prohibited under Obscenity laws are excluded from the law if they are kept or used as museum exhibits, war memorabilia, antique collectibles, historical research, depicted in educative articles, books, websites, encyclopedias, text books or used in schooling, education, college and university study.

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