Appellate court: Watching porn in your car not allowed

Posted: Updated:

A state appellate court has upheld a New Jersey man's conviction on an obscenity charge for watching porn videos on his iPad while sitting in his car outside a fast-food restaurant.

Police in Little Egg Harbor responded to the restaurant back in April 2014 after getting a complaint about David Lomanto's, 53, activities.

According to authorities, Lomanto initially refused to leave his car, then repeatedly refused to show the officer his license or other identification.

He was charged with obstruction, and a count of public communication of obscenity was later filed.

He was convicted in May 2017 and sentenced to two concurrent one-year terms of probation and five days in jail, which he has served.

Lomanto claimed the definition of "publicly communicates" in the obscenity law is overly broad and that watching porn in the privacy of his car is protected under the U.S. Constitution.

AP wire services helped contribute to this report.

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