Recent State and Federal Obscenity Prosecutions, 2003 to date.


Assembled, Abstracterd, and Prepared by J. D. Obenberger, Attorney at Law, for the benefit of his clients.  Updated 1.30.13.
     DEFENDANT(S)    location and case nUMBER  date charged  description of material charged   DISPOSITION

ZICARI (A/K/A ROB BLACK) AND Janet Louise ROMANO (A/K/A LIZZY BORDEN) and EXTREME ASSOCIATES, A CORPORATION.

 

All three defendants were indicted on 10 counts of violating federal obscenity laws. The investigation began “after a special report aired on PBS’ Frontline, on February 7, 2002, entitled ‘American Porn.’ … in which Rob Black reportedly was filmed consensually beating a female and inviting the Attorney General to get him.

W.D.Pa.

 

2:03-cr-00203-GLL

 

431 F.3d 150 (3d Cir. 2005)

August 6, 2003

Indicted.

“Forced entry” portrays the rape and murder of three women, who are slapped, hit, spit upon and generally abused and degraded throughout graphic portrayals of forced sex acts.  In “cocktails #2”, women engage in sex acts with multiple partners while a bowl, placed in front of the women, is filled with various bodily liquids. At the conclusion of each vignette, the women drink the concoction.  Finally, “extreme teen #24” portrays abusive sexual acts between adult males and females dressed to look like minor children.  In addition, the defendants transmitted six obscene video clips over the internet through their website.  The six video clips are entitled  "valeriejospit," "jewel”,"pz_summerbreeze," "dp.gangbang.7," "miacum," and "analasspirations1."  the clips range in length from 37 seconds to two minutes, 54 seconds. 

District Judge Gary Lancaster determined the federal obscenity statutes unconstitutional with respect to producers and distributors making and selling obscene materials for adults. His determination was reversed by the Third Circuit and the United States Supreme Court denied review. The case was then remanded for trial back to the Western District of Pennsylavania. The Defenants pled guilty to one count of conspiracy to distribute obscene dvds. Sentenced July 1, 2009 to one year and one day and two years supervised release. Corporate defendant defunct.

CORBETT

Michael J. CORBETT and Sharon E. CORBETT, of Lewisburg, West Virginia, and Joseph TANNER and Randall ROGERS, of Quitman, Georgia.

 

 

 

GIRLSPOOPING.COM

S.D.W.Va.

 

 

 

 

 

 

 

CR-00074

 

 

 

 

April 9, 2003 Indicted.

53 video tapes and DVDs, 40 minutes to two hours in length, depicting graphic and sexually explicit scenes of defecation and urination (e.g. “Outdoor Pooping Paradise” and “Scat Sampler”) offered for sale and delivery, via the U.S. mail. Indicted and pled on three counts of mailing obscene materials in violation of Title 18, USC Section 1461, and one count of conspiracy to mail obscene materials and conspiracy to use the Internet for the purpose of sale and distribution of obscene material, in violation of Title 18, USC 1371.

 

All defendants pled guilty August 25, 2003. Corbett was sentenced to eighteen months in prison, three years’ probation, and a $30,000 fine. Bates got thirteen months, three years’ probation, and a $10,000 fine. They forfeited $15,010 seized from their bank accounts and the equipment used to make the videos. They agreed to pay an additional $60,000 to avoid forfeiting their home, which had been allegedly used in the sale of the obscene materials.

ROBINSON, Gary

 

“Suzie’s Corral”

D. Mont.

 

 

 

 

 

 

 

 

 

 

 

 

CR 04-46-BLG-RFC.

February 18, 2004. Indicted.

Videos sold by “Suzie’s Corral.” “ST-2: Wet Rubber". “ST-3: Give Me All Your Semen”, “H-2: Ride'umCowgirl”. and “WS-1: Dogs and Horses and Pigs and Chickens". which depicted graphic

sexual ads including sexual intercourse between humans and animals, urination,defecation, and fisting.

Sentence on Plea to 18 U.S.C. 3 1462, July 7, 2004.

Prison: 1 year and 1 day

Special Assessment: $100

Supervised Release: 3 years

ROBINSON was sentenced in connection with his guilty plea to charges of transportation of obscene matters.  In the fall of 2002, while doing business as "Suzie's Corral," ROBINSON used the United Parcel Service to distribute obscene videotapes.  ROBINSON shipped the videotapes in response to orders placed by customers who received the "Susie's Corral" catalog through the United States mail.  The videotapes depicted bestiality and defecation.

 

URBASSIK, Ronald and Alina

 

 

 

 

 

“Since 1990, the defendants have operated a catalog business that offered for sale hundreds of videotapes and DVDs depicting obscene matter, including sexually explicit conduct involving sado-masochism, defecation, urination and bestiality” - DOJ

N.D.Oh.

November 16, 2004 Sentenced.

Sexually explicit depictions of involving sado-masochism, defecation, urination and bestiality. The defendants were charged with distributed these obscene matters using the U.S. Mail.

The couple pleaded guilty in July 2004 to a seven-count indictment that had been returned against them on April 13, 2004. The Urbassiks pleaded guilty to conspiring to engage in the business of selling or transferring obscene matter in violation of Title 18 USC Sections 371 and 1466; mailing obscene matter, in violation of Title 18 USC Sections 1461 and 2; and engaging in the business of selling or transferring obscene matter, in violation of Title 18 USC Section 1466. Handled by Kayla Bakshi of the Department of Justice Child Exploitation and Obscenity Section.  Ronald Urbassik was sentenced to 12 months and one day in prison, along with a $3,000 fine. Alina Urbassik was sentenced to 4 months in prison.

 

HOFFMAN, Harold Foote

S.D.W.Va.

November 15, 2004, Sentenced.

Using the U.S. Mail for the delivery of obscene matter, which included depictions of sexual acts involving defecation and bestiality

Guilty Plea. Hoffman was sentenced to 18 months imprisonment. He was prosecuted by Trial Attorney Paul Almanza of the Department of Justice Child Exploitation and Obscenity Section 

WEDELSTED.

 

GOALIE ENTERTAINMENT

HOLDINGS, INC.

(N.D. Tex.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CR-00043-K

March 11, 2005. Indicted.

Numerous crimes including racketeering, conspiracy, obscenity, and tax offenses. operation throughout the country of adult pornography bookstores with video arcades where customers could pay to view clips of obscene videos or DVDs. “American Bukkake 7,” “American Bukkake 8,” “Cumshots 4,” “Gangbang Angels 11,” “1 In The Pink, 1 In The Stink 5” and “Tits and Ass 8.”

The Wedelstedt case was prosecuted by CEOS and the U.S. Attorney's Office for the Northern District of Texas in substantial cooperation with the Tax Division, the Criminal Division's Asset Forfeiture and Money Laundering Section and Organized Crime and Racketeering Section, the Internal Revenue Service, and the Bureau of Immigration and Customs Enforcement.  Wedelstedt pled guilty on November 4,2005, to transporting obscene matters for sale or distribution (in violation of 18 U.S.C. 5 1465) and engaging in a conspiracy to defraud the United States by frustrating, impeding, or hindering the Internal Revenue Service (in violation of 18 U.S.C. § 371). Wedelstedt forfeited $1.25 million to the United States in a related civil forfeiture matter.. Wedelstedt was sentenced on March 2, 2006, Wedelstedt was ordered to terminate all current sexually-oriented business activities in the State of Texas and to forfeit all business property located in the state. The prison sentence will be followed by one year of supervised release. Wedelstedt was also sentenced to 120 hours of community service.   This Table  Copyright 2012, J. D. Obenberger and taken from http://www.xxxlaw.com.  All Rights Reserved.

 

KILBRIDE, Jeffrey A., SCHAEFER, James R.

D. Arizona

 

CR-00870-DGC

 

Conviction and Sentence Affirmed 584 F.3d 1240 (9th Cir., October 28, 2009).

 

Cert. Petition pending.

 

 

 

August 25, 2005

Indicted.

Two still images, one reported to include multiple depictions of Fisting in a montage of images, transmitted via Spam email in violation of Can-Spam Act..

Conspiracy to violate 18 U.S.C. § 1037(a)(3) through fraud in connection with electronic mail;, violation of § 1037(a)(3) and (a)(4) through such fraud; interstate transportation of obscene materials in violation of 18 U.S.C. § 1462; interstate transportation of obscene materials for sale in violation of 18 U.S.C. § 1465; commit money laundering in violation of 18 U.S.C. § 1956; and failure to meet record keeping requirements in violation of 18 U.S.C. § 2257. Convicted by jury on all Counts, June 25, 2007. Sentenced 78 mos. (Kilbride) 63 mos. (Schaffer).

 

9th Circuit held that national standard should have applied to email distribution, and the jury should have been so instructed.  Trial defense counsel did not object or offer such an instruction. 9th Cir. called the error harmless error and affirmed conviction.

 

FLETCHER, Karen

 

REDROSE.com

W.D. Penn.

 

CR-00329-JFC

 

September 26, 2005.

Indicted

Text distributed via the Internet. stories concerning the seduction, torture, rape, and murder of very young children.

Indicted, six counts under  10 USC § 1462 (a) and 2. Forfeiture under § 1467. Pled guilty August 7, 2008, sentenced to five years probation including six months in home confinement and $1,000 fine.

 

LAMBERT, Thomas W. ROBINSON, Gary, and WASSERMAN, Sanford.

D.Mont.

 

 

 

 

CR-00020-RFC

December 2, 2005.

Pled.

Tapes included eels in the rectum and vagina (condom used in the latter), sex with donkeys, dogs, goats, pigs, and horses, abduction of women, ripping their clothes off, turkey slapping, breast twisting, gangbang/Bukkake, lesbian sex between nuns in front of an altar mopping the sanctuary floor, including penetration by mop handle followed by sex with dog followed by heterosexual sex. Fisting. Insertion of an artificial airway gag. Insertion and inflation of objects in the vagina. Metal clips applied to labia and weights applied. Restraint in harnesses, ball torture, insertion of thermometer into penis meatus. Butt plugs, scrotum twisting, hot wax. Urination, defecation, enemas. 

Guilty pleas Wasserman had been previously convicted of distribution of obscenity (see infra, above) and was sentenced to the maximum five year term. Lambert was sentenced to 2 ½ years. Robinson was sentenced to 12 months. Damon King of the Criminal Divisions Child Exploitation and Obscenity Section.

MARCUS, Glenn

E.D.N.Y.

 

 

 

 

 

CR-00329-JFC

March 7, 2007

Verdict.

Hard BDSM involving slavery.

A man dubbed an ‘S&M Svengali’ by the tabloids was convicted Monday of sexually abusing a woman he photographed for his sadomasochism web site, but cleared of a charge that the site was obscene.” “A jury deliberated seven days before finding Glenn Marcus, 53, guilty of sex trafficking and forced labor. He was acquitted of obscenity — a charge that's been brought more frequently under the Bush administration.” Associated Press, March 5, 2007

 

FIVE STAR VIDEO LLC

 

FIVE STAR VIDEO OUTLET LLC

 

ANKENEY, Christopher Warren

 

GRAHAM, Kenneth James

 

JEFF MIKE PRODUCTIONS INC

 

NORTON, Mike Leonard

D.Az.

 

 

2:06-cr-00515-ROS

 

 

 

 

 

 

 

 

May 23, 2006

Indicted

Operating business and delivery of four DVD videos, first from producer to retailer and then from retailer to a Postal Inspector in Northern Virginia, Gag Factor 15, Gag Factor 18, American Bukkake 13, and Filthy Things 6. One report suggests that a parody/satire of throat gagging torture in Abu Ghraib Prison is depicted. Copyright 2012, J. D. Obenberger and taken from http://www.xxxlaw.com.  All Rights Reserved. 

 

 

 

 

 

 

 

 

Jury trial. NG or dismissal as to all defendants and all charges, except FIVE STAR LLC guilty 18 USC 1465 and (2)(a) - Transportation of Obscene Matter - Aid and Abet and 18 USC 1462 and (2)(a) - Transportation of Obscene Material Using a Common Carrier - Aid and Abet. Sentenced to two years probation and $800 special assessment. Corporate defendant now defunct.

 

Florida v. MCCOWAN, Clinton

 

CRAFT, Andrew

 

STEVENS, Kevin Patrick

 

“Cum on Her Face”

 

www.cohf.com

Florida State Prosecution, Pensacola

 

2006

Online Bukkake, group sex, and gangbangs with numerous male performers and typically one or two female performers.

Criminal complaint filed in North Florida against three operators of an adult website, “Cum on Her Face”, www.cohf.com, which featured The website is no longer operated by the persons charged, but by foreign operators.

Clinton "Ray Guhn" McCowen, owner of Cash Titans, was sentenced Monday to four years in prison after pleading guilty in June to charges of money laundering based on obscenity. Andrew Craft, 40, was given 34 1/2 months in prison, while Kevin Patrick Stevens, 38, got 40 months in prison. Both previously pleaded guilty to racketeering charges. Before Judge Ron Swanson imposed the sentences, Assistant State Attorney Russ Edgar played videos and displayed still images from the CashTitans.com pay site, claiming the site contained obscene material. 

GARTMAN and MCDOWELL

Dallas.

March 14, 2006

Rape videos, urination and defecation. urination and defecation.

This case arose out of the same investigation that spawned the Ragsdale case, supra. In their own trial, the at rape videos at issue in Ragsdale led to an acquittal on obscenity charges. An acquittal was also obtained concerning a work featuring urination and defecation. The defendants were convicted in connection with a work that depicted the piercing of nipples by needles billed as sexual torture without accompanying sexually explicit acts.

Gartman was sentenced on July 31, 2006 to 34 months in prison and McDowell to 30 months in prison.

 

WILSON, Chris.

State prosecution, Fla.

 

 

 

2006

Webmaster carrying user-submitted content in the context of an anti-Iraq War website, probably primarily precipitated by its political orientation. The content included nailing a breast to a picnic table, fake snuff, blood, urination, and depiction of a female hanging herself, urinating, followed by a close shot of her face, apparently dead

 

 

 

 

 

2006 state obscenity prosecution of After initial charges were brought and his release on bail, the webmaster continued operations in an adjoining county and was re-arrested for violation of bail on that ground, a hearing was held, and he was incarcerated. Ultimately, the webmaster gave up operations and took a plea. According to Wikkipedia, “Under the deal Wilson agreed to the closure of his business and not to work on any adult websites for five years, and plead guilty to five misdemeanor charges.”

LITTLE, Paul

 

MAXWORLD ENTERTAINMENT, INC.

 

(MAX HARDCORE)

 

 

 

 

 

C.D. Florida

 

CR-00170-SCB

 

 

2010 WL 357933 (C.A.11 (Fla.))

 

 

May 17, 2007 Indicted.

 

 

DVD and Internet Distribution. Fisting and hard anal. “Max Hardcore Extreme 20 – Euro Edition,” “Pure Max 19 – Euro Edition,” “Max Hardcore Golden Guzzlers 7 – Euro Edition,” “Fists of Fury 4 – Euro Edition” and “Planet Max 16 – Euro Edition” and Five Video Clips ranging in length from 1:28 to 2:38. Fisting. Urine. Auto-Felching. Cruelty.

Ten obscenity counts under 18 USC §§ 1461, 1462, 1465 and Forfeiture under 18 USC § 1467 (b) and 21 USC 2461 (c). Convicted by jury on all counts June 6, 2008 with forfeiture of “maxhardcore.com”. No forfeiture of personal assets. Sentenced October 3, 2008 to 46 months in prison for distributing obscene material through the mail and the Internet. Little was fined a total of $7,500 and the corporate defendant was fined a total of $75,000.The jury ordered the internet domain MaxHardcore.com to be forfeited but declined to forfeit Little's house.

 

Paul F. Little was released and seen in public in January,  2012. He remains on probation or  supervised release until July, 2013.

 

HARB, Sammi and Michael HARB,

 

(MOVIES BY MAIL)

D. Utah

 

 

 

 

 

 

CR-00426-TS

A Paul Cambria case.

June 8, 2007. Indicted.

 

 

 

 

DVD and Internet Distribution of Max Hardcore (“Pure Max 18” and “Extreme 12”) and Extreme Associates (“Cocktails 5”). Reported to contain explicit depictions of gagging, coughing, the expulsion of fluid from the mouth, crying, forceful face-fucking by grabbing female’s hair, anal intromission of tubes, vaginal intromission of straws, use of straw to suck vaginal fluid contents, autofelching, continuing sexually after a performer’s request to “please stop”, and pig-tailed performers dressed in a pre-adolescent fashion being picked up at a playground and used sexually. 

Ohio residents charged in Utah.

18 USC § 1466, one count selling obscene materials.  Guilty pleas. Sentenced November 19, 2009 to one year and one day imprisonment. Business now closed.

McCOY, Frank R.

 

 

 

 

Reported to be well-known author of many stories on alt.sex.stories during the 1990’s

 

Minnesota resident indicted in Georgia federal Court. 

M.D. Georgia.

 

 

CR-00018-WLS-RLH

 

 

2009 WL 5205345

 

June 13, 2007 Indicted.

Text. Stories about rape, torture, mutilation and murder of children. Writer and poster of stories on various web pages.

 

 

.

One Count Transportation of Obscene Matter under 18 USC §1462. Motion to quash indictment denied December 18, 2009.

 

A bench trial was commenced on January 12, 2010 and concluded on January 13, 2010; closing arguments were submitted in writing. No disposition appears on PACER or in the records of the Clerk of Court after three years.

CROCE, Danilo Simoes

 

Vomitbrazil.com

 

Prosecution brought federally in Orlando. The defendant produced content in South America and fulfilled orders from the United States. Croce was the operator of vomitbrazil.com, among others 

M.D. Fla

 

 

6:06-CR-00182-GAP-DAB

September 5, 2006 Indicted.

Videos and websites included scat, piss, vomit, Bukkake and fisting

Pled guilty on June 8, 2007. Sentenced to time served + 3 years supervised release, to be unsupervised if he departs the United States and does not return. Not to return to United States without advance notice to appropriate agency. Copyright 2012, J. D. Obenberger and taken from http://www.xxxlaw.com.  All Rights Reserved. 

ISAACS, Ira

 

Trial began and was terminated. Defendant moved for dismissal on double jeopardy, denied, appealed, affirmed, sought rehearing or rehearing en banc. denied, order filed February 3, 2010.

 

 

C.D. Ca.

 

2:07-cr-00732-GHK

July 24, 2007

 

Indicted on additional Counts April 14, 2011.

Gang Bang Horse 'Pony Sex Game', Mako's First Time Scat, Hollywood Scat Amateurs No. 7, BAE 20 and Laurie's Toilet Show.

 

Second Indictment: Hollywood Scat Amateurs No. 7, Hollywood Scat Amateurs No. 10, Hollywood Scat Amateurs No. 38, Trailers and Japanese Doggie 3 Way

18:1465(A): Importation Of Transportation Of Obscene Material For Sale Or Distribution
(1-3) 18:1462(A): Importation Or Transportation Of Obscene Material
(5) 18:2257(F)(4): Improper Record Keeping For Material Depicting Sexual Activity
(7-8)

 

 

 

AUSA Bonnie Hannan, Task Force.

 

Two trials ending in mistrial; the first because the trial judge recused himself; the second trial because the jury could not unanimously concur. Defendant was convicted at his third trial and on January 16, 2013, was sentenced to a total of 48 months imprisonment, with 3 years of supervised release, and to fines and assessments totaling $10,500.00.

 

After HoursVideo

LSP of Virginia, LLC,

 

(KRIAL, Rick)

Staunton, Va., state prosecution

 

DVDs. "Tag Teamed 3 -The Art of Double Penetration"; "The Video Adventures of Peeping Tom"; "City Girls-Exxxtreme Gang Bangs"; "Sugar Britches" 

 

 

 

 

 

 

 

 

 

 

Started as a zoning dispute and escalated to criminal obscenity prosecution. Jury both Krial and the corporation guilty of misdemeanor obscenity for the adult DVD City Girls Extreme Gangbangs, acquitting them of the same charge for the movie Sugar Britches, and acquitting Embrey on all charges. Krial received no jail time, and he and his corporation were fined a total of $2,500. Matthew Buzzelli of the U.S. Department of Justice's Child Exploitation and Obscenity Section. involved at trial. Exit interviews disclosed that this jury drew the line at group sex. Business closed by agreement to avoid felony charges.  

 

THOMAS, Robert Alan

 

Amateur Action, Amateur Action BBS and AABBS

 

 

Second Prosecution of this Defendant on obscenity-related charges. See above.

 

N.D.Cal.

 

 

 

 

 

 

 

 

 

5:08-cr-00487-JF

July 23, 2008 Indicted.

Bestiality contained in DVDs, “B1”, “B2- Ride a Horse”, and “B3”

Charged with three counts alleging violation of §1461, one count alleging violation of § 1465 and criminal forfeiture. Continued pretrial pending, January 26, 2010.

Minute Entry for proceedings held before Judge Hon. Jeremy Fogel: Change of Plea Hearing as to Robert Alan Thomas held on 1/27/2010, Plea entered by Robert Alan Thomas (1) Guilty Count 4. A plea agreement was executed in open court. Sentenced on Count(s) 4, 5 years probation, $100.00 special assessment. Count(s) 1-3, Dismissed on government's motion.

 

STAGLIANO, John

 

John Stagliano, Inc.,

 

Evil Angel Productions, Inc.

 

D.D.C.

 

 

 

 

 

 

 

 

 

 

 

CR-00093-RJL

 

April 8, 2008 Indicted.

"Milk Nymphos," Storm Squirters 2 'Target Practice," And "Fetish

Fanatic Chapter 5," distributed interstate and via the Internet, and so that they might be displayed to minors.

 

Indicted. 18 U.S.C. § 1465 (Transportation of Obscene Matters for Sale or Distribution) 18 U.S.C. § 1462 (Using a Common Carrier or Interactive Computer Service to Transport Obscene Matters) 18 U.S.C. § 1466 (Engaging in the Business of Selling or Transferring Obscene Matter) 47 U.S.C. § 223(d) (Sending or Displaying Offensive Material to Persons Under 18 18 U.S.C. § 2 (Aiding and Abetting) 18 U.S.C. § 1467

(Criminal Forfeiture)

 

Several counts dismissed because the Government could not display charged videos during the prosecution case. Jeopardy attached barring retrial. On Friday, July 16, 2010, the trial judge acquitted as to all surviving counts and defendants under Federal Rule 18 at the conclusion of the Government’s case in a jury trial, articulating a the government’s failure to connect the charged defendants with the deliveries at issue in the Indictment.

 

ADAMS, Loren J

 

XXXHARD2FINDVIDEOS.COM

 

Previous Marion County Indiana state conviction arising from sale of bestiality material, served 2 mos. in jail.

N.D.W.Virginia

 

 

 

 

 

 

CR-00028-JPB-DJJ

May 20, 2008 Indicted.

Bestiality and fisting.

Resident of Indianapolis alleged to have mailed obscene DVDs to Martinsburg, W.V. Convicted on all six counts by jury trial; tried by Pam Satterfield of the DOJ Obscenity Task Force. Sentenced to to 33 months in prison for shipping obscene DVDs through the U.S. mail. U.S. District Chief Judge John Preston Bailey also ordered Adams to serve three years supervised release and to forfeit his Web site domain name and all copies of DVDs involved in the case

 

O’MALLEY, Patrick J.

 

Defendant was a lawyer (former Cuyhoga County Recorder) in acrimonious divorce. Wife brings images to law enforcement. Some or all of scattered child pornography images went through chain of custody involving wife. Government declines to charge with child pornography but mentions it in sentencing memorandum and emphasizes that he was a custodial parent holding these materials in a home with children..

N.D.Oh.

 

 

Akron.

1:08-cr-00223-DDD

Information May 15, 2008

 

Indictment Waived.

“numerous obscene, lewd, lascivious and filthy pictures, writings, and other matters of indecent character” – Information.

 

The obscene content included numerous images and text stories downloaded via AOL. The images depicted a variety of sexual deviant behavior, including bestiality, bondage, scat, fisting, suffocation, group sex, and sex with inanimate objects. Indeed, the bestiality images included depictions of adult men and woman engaging in sexual conduct with dogs, horses, cats, snakes, a pig, a rooster, a mule, a camel, a cow, and a fish. The inanimate objects included bottles, funnels, a bowling pin, a tennis racket, a cucumber, and a vacuum cleaner handle.

 

The text stories, many of which portrayed themselves as fictional, described in graphic detail sex between adults and children, adults and animals and children and animals. One story described a man forcing his eight-year-old daughter to remain in the back of a “sex store” where she was raped repeatedly for two years by hundreds of men, including her father. The story includes graphic and vile descriptions of a variety of sex acts performed on the young girl. Another story describes a fourteen-year-old girl engaging in sexual acts with numerous individuals, including her own brother, and also engaging in sexual acts with numerous dogs. Another story describes a man engaging in sexual intercourse with his teenage daughter. The story concludes with the child learning that her father had impregnated her and getting an abortion. Yet another story details a man and his 27 year-old girlfriend approaching two young sisters, aged seven and eight, in a park. The man and his girlfriend perform oral sex on both children and have the children perform oral sex on them. Additionally, the computers revealed a rather disturbing pattern of Internet activity There were over one hundred-thirty-five web sites relating to various pornography and/or sexual activities. The web sites advertised images or videos, relating to particular interests and/or activities, including, but not limited to teen sex, inter-racial sex, bestiality, glory holes, gay sex, sex with virgins, group sex, and midget sex. - Sentencing Memorandum.

  

18 USC § 1462 (a). Receiving/Importing. Used interactive computer service for the carriage in interstate and foreign commerce.

“Douglas noted that typically a defendant has to sell or transport obscene material in order for an action to be deemed a federal offense. Online reports indicate no such behavior by O’Malley.” -

Sentenced October 3, 2008. Fifteen months incarceration, recommendation to Devens, Residential Sexual Treatment Program. 3 years supervised release. Drug testing fifteen days after release. DNA sample. $100 assessment. Special terms of supervised release include warrantless searches of abode and all media storage including removal of computers for search and disclosure of passwords. Will consent to installation of keylogger or other device to monitor computer use. Outpatient mental health program.

 

SCHALES, Walter M.

E.D.Cal.

 

 

 

 

 

 

 

 

 

1:05-cr-00385-OWW

 

546 F.3d 965 (9th Cir., 2008)

October 13, 2005. Indicted.

 

February to September, 2005, offense took place.

Obscene morphed collages consisting of the faces of underage females with images of the nude bodies of other persons, at least some of them also underage, engaged in sexually explicit acts with adult males. No publication or distribution, merely producing the obscene images. Copyright 2012, J. D. Obenberger and taken from http://www.xxxlaw.com.  All Rights Reserved. 

After a four-day jury trial, Schales was found guilty of receiving or distributing material involving the sexual exploitation of minors, 18 U.S.C. § 2252(a)(2); possessing material involving the sexual exploitation of minors, 18 U.S.C. § 2252(a)(4)(B); and receiving or producing a visual depiction of a minor engaging in sexually explicit conduct that is obscene, 18 U.S.C. § 1466A(a)(1). Sentenced to a term of incarceration of 210 months on Counts One and Three (which included the § 1466A(a)(1) offense of receiving or producing obscene materials with underage depictions) , and 120 months on Count Two, to run concurrently. The court also imposed a lifetime period of supervised release. His sentence was vacated and remanded for resentencing because receiving and possession are multiplicious for sentencing, in violation of double jeopardy.

 

HANDLEY, Christopher

 

 

High-profile case in the Manga community, dealing with Japanese comic books.

 

 

S.D. Iowa

 

 

1:2007cr00030

May 7, 2007

Indicted.

Japanese Comic Books, Manga, Lollicon materials depicting sexualization of minors in cartoons.

Possession of Obscene Visual Representations of the Sexual Abuse of Children, in violation of 18 U.S.C. § 1466A(b), and Count Five, Mailing Obscene Matter, in violation of 18 U.S.C. § 1461 and § 2. Pled guilty, and on February, 2010 he was entenced to six months in prison, followed by three years of supervised release and five years of probation which will run concurrently. Handley also agreed to forfeit all seized materials, including his computer. During Handley's supervised release and probation, Handley was required to "participate in a treatment program, to include psychological testing and a polygraph examination, as directed by the U. S. Probation Officer”.

 

PHILPOT, Jim and PHILPOT, Wayne,

R.J.J.W. Enterprises Inc.

J&W Investments Inc.,

 

Adult World Superstore

 

Nov. 20, 2008

Widner, St. Francis County, Arkansas State Prosecution

 

 

 

CR-2008-589

 

 

 

November 20, 2008

Charges filed.

Felony counts of promoting “obscene material” “Sexy Temptation” and “Grudge Fuck 7”.

 

The high-production-value material actually depicted group sex, facial ejaculation, anal sex, rough sex, and some verbal abuse.

“Employees and members of management have been arrested for selling obscene materials in the past, but the charges filed Tuesday were the first against the corporations and its owners.” – xbiz

 

Went to jury trial in Forrest City. After four hours, the jury acquitted on all counts on September 3, 2010.

 

WHORELY, Dwight

E.D.Va.

 

 

 

 

 

 

 

3:05-cr-00114-HEH

 

550 F.3d 326 (C.A. 4, Dec. 18, 2008)

 

 

 

 

 

 

 

March 30, 2004

Indicted.

Child Pornography and obscene cartoons depicting sexualized children.

18 U.S.C. Section 1462 (obscenity) and 18 U.S.C. Section 1466A (a provision passed by Congress in 2003.) Section 1466A, "Obscene visual representations of the sexual abuse of children." Section 1466A imposes precisely the same penalties that apply to images of hard-core child pornography showing real children. On March 6, 2006, a jury found Whorley guilty for "receiving" obscene cartoons. It also found him guilty for receiving child pornography (the photos of naked minors) and obscene emails. However, for the cartoons alone he was sentenced to 20 years in prison, with a 10-year period of probation thereafter, a sentence which was upheld on appeal December 2008 by the 4th Circuit Court of Appeals. Petition for rehearing en banc denied June 15, 2009 by vote of 11-1, published dissent.

  Theresa (a/k/a  KIMBERLY   KUPPS)    and Warren           TAYLOR

   Polk County, Florida, State       Prosecution. Lake Wales.             June 3, 2011

Press accounts detail: "six counts each of selling obscene material and distributing obscene material, both misdemeanors. She was also charged with the felony wholesale promotion of obscene material. Sold via clips4sale.com

On February 28, 2012, each Defendant pled no contest to a single misdemeanor obscenity count, and they were fined a total of $325.00. They have moved out of the central Florida jurisdiction.

GOLDMAN, Barry

 

 

Torture Portal, Masters of Pain and Bacchus Studios

 

Undercover government agent based in DC places mail order for videos from Montana. The obscenity case, originally brought in District of Montana, was dismissed and the defendant was then indicted in New Jersey. The New Jersey indictment was preceded by the Government’s appeal of the Judge’s order transferring the case from Montana to New Jersey. Subsequently, the government withdrew its appeal of the transfer order, dismissed the Montana indictment,, claiming it is not their policy to file obscenity charges in the place of receipt in the absence of other contacts by the defendant with the place of prosecution, and secured indictment in New Jersey.

 

D.N.J.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2:09-cr-00555-JAG

New Jersey Case.

 

1:2008cr00098 Montana Case

July 23, 2009.

Indicted in New Jersey.

 

August 21, 2008. Indicted in Montana.

 

 

 

 

 

 

 

Defended by Public Defender.

Videos: “Torture of a Porn Store Girl,” “Defiant Crista Submits” and “Pregnant and Willing.” The Defendant is active in the BDSM community and is depicted as a performer in each of the three videos.

 

In his plea agreement with the Government, Goldman describes the video to whose obscenity he pled as follows: “The defendant does such things as binding “Bella’s” hands and feet with rope, rubbing a knife between her breasts, blindfolding her and putting plastic wrap over her head, placing surgical clamps on her labia, delivering electrical shocks to her body, applying mousetraps to her breasts, whipping her, and digitally penetrating her.”

Investigated by FBI “Adult Obscenity Squad” and managed by Bonnie Hannon and Pam Satterfield of the DOJ Obscenity Task Force. Eight counts of using the mails to deliver DVDs containing allegedly obscene films from Jersey City to addresses in Montana and Virginia. The indictment sought forfeiture of the proceeds from the sale of the DVDs, along with property used in producing the DVDs, all web sites operated by Goldman and other property. seeking the forfeitures of domain names MastersOfPain.com and TorturePortal.com, as well as an email address, SirBNY@aol.com.

 

The trial judge granted the defense motion for a change of venue to New Jersey and the Government appealed. It then withdrew its appeal and the matter was transferred to New Jersey. Goldman was indicted by a New Jersey Grand Jury whose Indictment was filed July 23, 2009, secured and signed by Brent Ward and Bonnie Hannan of the former Obscenity Task Force. Curiously, no signature of a Grand Jury member appears on the face of the Indictment; the True Bill is attested to only by prosecutors. Eventually Mr. Goldman entered into a plea agreement under which he pled guilty to Count I, alleging the mailing of non-mailable obscene material, the video, “Torture of a Porn Store Girl, and was sentenced on February 28, 2011 to three years probation with six months of home confinement and electronic monitoring. He forfeit his interest in the films in question and agreed not to participate in the operation of two websites. Probation ultimately was transferred to Florida.

 

     

 

Joe Obenberger is a Chicago Loop lawyer concentrating in the law of free expression and liberty under the United States Constitution, and his firm has represented many owners, employees, and customers of adult-oriented businesses, both online and in the real world. He can be reached in the office at 312 558-6420. His e-mail address is xxxlaw@execpc.com. Copyright 2012, J. D. Obenberger, All Rights Reserved. 

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