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. |
|
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 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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