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Federal obscenity prosecution threatens S&M porn actor/... - 9/23/2009 5:57:03 PM

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In light of an interesting discussion related to legality of S&M, prostitution, and other sexuality-related laws and crimes which I participated in here, I found this article particularly interesting. A federal prosecution of a New Jersey resident who acted in and distributed S&M-themed pornographic films was for some reason taken to court in Montana, austensibly to allow the government a more conservative jury pool.

Link: http://www.xbiz.com/news/113054

Thoughts? Comments? I'm interested in what you think about this prosecution and obscenity laws in general.

Take care!

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 6:38:09 PM

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I seldom look in this section. Anyhow- a new title on male orgasm is in my junk for sale on ebay.

(in reply to Chimortis)

RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 7:32:34 PM

Aylee

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I kind of wonder if this is indeed a test case to get the obsenity laws struck down. Sort of like a Roe v Wade thing.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 8:02:16 PM

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quote:

for some reason taken to court in Montana

This needs explanation. Law requires a trial by a jury of his peers in the community in which the crime was committed.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 8:28:48 PM

looking4princess

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quote:

This needs explanation. Law requires a trial by a jury of his peers in the community in which the crime was committed.

Umm... check me on this, Music, but i believe in Federal cases on obscenity if the movie was shown in Montana the crime was committed in Montana.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 8:30:25 PM

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Yes, that would explain how we got from New Jersey to Montana. Thanks!

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 9:29:53 PM

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It could also be that he once shipped a copy to a buyer there. I just read this article, which as far as I've seen doesn't specify that justification. I haven't read the actual paperwork, indictments, etc.

Since this is a criminal case brought by a federal prosecutor, it is very unlikely that it is any sort of test case to get the law struck down. That would be gross prosecutorial misconduct on the part of the federal prosecutor. Roe v. Wade was a civil case. Furthermore, the only way to have the law effectively struck down in a jury trial is via jury nullification. Judges have historically not allowed jury nullification defenses, and most jurors are not informed of their ability to rule in that manner. Furthermore, no federal prosecutor would ever do that in the real world (I've known federal prosecutors, having had a circle of friends when working in DC that included DoJ employees.)

I believe the likelihood of it being such a 'test case' is less than 0.000001%.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 9:43:39 PM

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I suspect that the article is written badly because none of it makes sense to me. The fact that the FBI spent three years, being a defense?

Plus why not make a deal out of chasing a 59 year old guy when the FBI could be out chasing terrorists?

And God knows what "obscenity" is for legal purposes...

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 10:05:21 PM

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DarkSteven,
obscenity is defined by the US Code section under which the defendant is being charged. The reason that the 3 year investigation is being brought up as a part of the defense is, as best as I can tell, because of the fact that what was going on was obvious to the point that the defendant assumed it was legal, and he was never informed otherwise during the course of the investigation, making it seem more like a persecution than an investigation.

As for chasing terrorists... what terrorists? Most of the prosecutions by federal prosecutors and federal law enforcement agencies involve white collar crimes such as insider trading and other securities violations, fraud, etc. After that, you've also got a number of interstate offenses that come under the purview of federal prosecutors - things like interstate wire fraud, transporting a minor across state lines, etc. The few violent crimes prosecutions are for things like robbing a federal agent (such as a mail carrier).

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RE: Federal obscenity prosecution threatens S&M porn ac... - 9/23/2009 10:13:56 PM

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quote:

ORIGINAL: Chimortis

DarkSteven,
obscenity is defined by the US Code section under which the defendant is being charged. The reason that the 3 year investigation is being brought up as a part of the defense is, as best as I can tell, because of the fact that what was going on was obvious to the point that the defendant assumed it was legal, and he was never informed otherwise during the course of the investigation, making it seem more like a persecution than an investigation.

As for chasing terrorists... what terrorists? Most of the prosecutions by federal prosecutors and federal law enforcement agencies involve white collar crimes such as insider trading and other securities violations, fraud, etc. After that, you've also got a number of interstate offenses that come under the purview of federal prosecutors - things like interstate wire fraud, transporting a minor across state lines, etc. The few violent crimes prosecutions are for things like robbing a federal agent (such as a mail carrier).

The defense is also building a preponderance of the evidence that DoJ's case is a stretch and even they know it in that it took three years.

BTW, almost every single bank robbery is federal and every kidnapping is federal. All fugitives of the law that cross a state line...is federal. Also, any RICO case usually involving enterprise such as drugs, prostitution and extortion.

This case smacks of inquisition. The only crimes being committed here is...by the state.

< Message edited by MrRodgers -- 9/23/2009 10:15:44 PM >

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RE: Federal obscenity prosecution threatens S&M porn ac... - 10/2/2009 8:11:03 AM

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quote:

ORIGINAL: Aylee

I kind of wonder if this is indeed a test case to get the obsenity laws struck down. Sort of like a Roe v Wade thing.

It's the typical venue shopping the DoJ has to do in order to prosecute obscenity cases - they did the same thing to Paul Little (Max Hardcore), who works in CA, but was prosecuted in Tampa.

What made that case unusual is that Little doesn't really have anything to do with the distribution end of the business, he's basically a content provider - technically, if a crime was committed, it was committed by the distributor, but they went after the producer instead.

These things are, for the most part, politically motivated, it's a cynical bid for the evangelical vote, and its unconscionable.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 10/3/2009 7:59:51 AM

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From http://www.xbiz.com/news/news_piece.php?id=111525

quote:

The magazines, shipped to book distributor Alessandra's Smile Inc., contained numerous photos of nude persons, including male and female minors, in naturalistic settings.

So the materiel included not only bdsm, but also included child porn ..... but we all just ~know~ that the charges filed were not charges against the child porn. They MUST be charges against the bdsm part. Cause after all, we live in a puriticinal police state that is trying to tell us poor helpless iniocent kinksters how we can live our lives.

Yeah yeah yeah, I know what your going to say ...... Boo hoo hoo! Police state! Boo hoo hoo! Opresion! Boo hoo hoo! Sexual freedom! Boo hoo hoo! Evil christians trying to tell us what to do in the bedroom!

Me? Im not egiotistical enough to think that everything and anything done by the government is all abotu me and my sexual oritination. I highly suspect that the child porn included in the same publication has at least SOMETHING to do with the trial.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 10/3/2009 3:30:08 PM

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quote:

was for some reason taken to court in Montana

And then moved back to NJ by the DOJ, as the article states - Montana is a red herring. As far as the case is concerned, sexual torture, and torture in general, are defined separately in the obscenity legislation, and not subject to general "freedom of speech" protection. Not having seen what the man sells, I don't know whether this is simulated torture, or real torture, but I'll wager a bet the DOJ wants to draw the line in what is and what is not permissible porn. If real damage is done, consent is not possible, and the man goes down. If not, he'll just go bankrupt.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 11/3/2009 3:38:45 PM

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Too late
http://www.opposingviews.com/articles/opinion-in-defense-of-extreme-pornography-r-1257183825

Despite there being only consenting adults, apparently a mixture of Simulated torture and hard core porn was enough to get these two convicted and imprisoned.

When are we going to break out of this puritanical loathing of anything sexual, the next thing will be someone being charged with indecent exposure while they are in their own house.

Whoops
too late

http://www.nydailynews.com/lifestyle/2009/10/22/2009-10-22_virginia_man_arrested_for_indecent_exposure_for_being_naked_in_his_own_home.html

A very sad sorry state of affairs.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 11/4/2009 7:03:01 PM

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In their own house, visible to children outside, according to the articles.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 11/6/2009 9:46:11 AM

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quote:

ORIGINAL: tazzygirl

In their own house, visible to children outside, according to the articles.

Also of note that the article states he was merely ARRESTED. Its quite likely that charges will be dropped before going to court.

The police are not there to determine guilt or innocence. And if the neighbor is pressing charges then the police fairly well HAVE to make an arrest.

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RE: Federal obscenity prosecution threatens S&M porn ac... - 11/7/2009 9:30:24 AM

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The article also mentions that the woman her her child were strolling through his front yard. That strikes me as being a bit odd. I wonder if they instead meant were walking *past* his house and not through/on his property. I mean, what if he has trees on his front lawn that would obscure his kitchen if someone is standing on a sidewalk, whereas he is visible if they walk between the trees and his window?

Anyhow, I think it does add insult to injury to get arrested for being in his house if they are walking on his property!

I used to have a neighbor who LOVED to walk around naked in front of his window (because of the shape of the building, I could lean out my window and touch his, if I ever lost my mind and wanted to do so). My roommates and I were new to NYC and pretty shocked at his behavior. Eventually, our youthful cruelty lol kicked in and he soon stopped running around naked

. After that, he would literally run and hide when he saw us in the hallway!

quote:

ORIGINAL: TheHungryTiger

quote:

ORIGINAL: tazzygirl

In their own house, visible to children outside, according to the articles.

Also of note that the article states he was merely ARRESTED. Its quite likely that charges will be dropped before going to court.

The police are not there to determine guilt or innocence. And if the neighbor is pressing charges then the police fairly well HAVE to make an arrest.

(in reply to TheHungryTiger)

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