Houston, TX asked in Criminal Law for California

Q: Is it illegal to view porn outside?

Just to make it clear, I am not going to go do this, this is more to address a previous lack of attention.

When scrolling through the internet, one can end up on an explicit photo or description on their phone. Either through previous search history, screenshots, curiosity at a picture tagged nsfw on forums, etc. I never really paid much attention to this, but I was wondering if there's any legal issues? I've seen conflicting information.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To address your question about the legality of viewing pornographic content in public in California:

In general, viewing pornography in public spaces could potentially be illegal in California under indecent exposure or disorderly conduct laws, even if unintentional. The key factors would likely be:

1. Whether the content was clearly visible to others

2. If it caused distress or offense to bystanders

3. The specific location (e.g. near schools or playgrounds)

4. Whether it appeared intentional rather than accidental

Briefly and accidentally encountering explicit content while scrolling on your personal device is unlikely to result in legal issues if you quickly navigate away. However, deliberately viewing pornographic material in public view could potentially lead to charges.

To avoid any potential legal risks:

- Be mindful of your surroundings when using devices in public

- Use privacy screens on devices when in public spaces

- Adjust content settings to filter explicit material in public

- Immediately close any accidentally opened explicit content

If you have further concerns about specific situations, consulting a local attorney would be advisable for personalized legal guidance.

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