Girls Gone Wild ruled NOT PORN by judge!

Mike AI · 03-10-2004

http://www.newsday.com/news/nationworld/wi...world-headlines

Judge Rules 'Girls Gone Wild' Is Not Porn

By Associated Press

March 9, 2004, 11:43 PM EST

PANAMA CITY, Fla. -- A videotape of an underage girl exposing her breasts is not child pornography, a judge decided Tuesday in a criminal case against the producer of the "Girls Gone Wild" video series.

Joe Francis, 30, and several of his employees were arrested at Panama City Beach while filming during spring break last April. Bay County sheriff's deputies charged Francis with racketeering related to prostitution and other crimes, based largely on videotapes of girls under 18.

Many of the 43 counts he faces hinge on what conduct is considered illegal or pornographic.

"This ruling shows that the entire fabric of that claim is wrong," said defense lawyer Aaron Dyer of Los Angeles. Dyer said he expected the ruling to undermine at least 90 percent of the case.

Circuit Judge Michael C. Overstreet made his decision in ordering that defense lawyers be allowed to copy tape confiscated during a search of Francis' rented condominium last spring.

Prosecutors had tried to prevent the copying on grounds the videotape showing a girl "flashing" her breasts was illegal child pornography. Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video.

State Attorney Jim Appleman did not immediately return a call seeking comment.

Prosecutors contend Francis and his video crew enticed girls they knew were underage to expose themselves. The defendants deny the allegation and say the girls had lied about their ages.

Francis owns Mantra Entertainment Inc. of Santa Monica, Calif., which produces and distributes the videos.

Kt Doodles · 03-10-2004

Hmmm, perhaps I am misunderstanding this a bit, but since WHEN was it alright for underage children to be on porn films anyway???
Sure, sure THEY might not have been touching anyone, but those tapes DO involve at least SOME girl/girl contact.

Regardless, these girls (flashing or more) were UNDERage...and GGW was STILL able to sell those images!! I am utterly amazed.

Perhaps I am not savvy enough to the law, would someone care to explain???

Almighty Colin · 03-10-2004

Give credit to Bush. Trust me.

Winetalk.com · 03-10-2004

it ain't porn because it's...documentary.
those tapes are FACTS and not fiction.

Kt Doodles · 03-10-2004

Well then, if that is the case...

I am going to start a new nitche. I am going to sneak around my neighbors houses (we have some hot MILF's in Tampa) and secretly tape them all showering and changing.

That way, I am sell it as a documentary on 'After Hours on Rue Bordeaux!"

I think it will be a hit...hopefully their children know how to masturbate and that would really push my videos over the top!!

Whatcha think???

Peaches · 03-10-2004

Quote:

Originally posted by Kt Doodles@Mar 10 2004, 11:32 AM
Hmmm, perhaps I am misunderstanding this a bit, but since WHEN was it alright for underage children to be on porn films anyway???
Sure, sure THEY might not have been touching anyone, but those tapes DO involve at least SOME girl/girl contact.

Regardless, these girls (flashing or more) were UNDERage...and GGW was STILL able to sell those images!! I am utterly amazed.

Perhaps I am not savvy enough to the law, would someone care to explain???

It's all in how the law is worded. If FL law says Child Pornography has to involve physical contact and there was none...well.....

There are thousands of pictures of nude children which aren't legally child porn. An example of a child "flashing" on film would be Brooke Shields in Pretty Baby - perfectly legal and she was only 12 years old.

They probably should have gone after another charge.

Winetalk.com · 03-10-2004

I think you are on the right track....I LOVE gals with dirty mind
;-)))

Carrie · 03-10-2004

"Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. "

No comment on the videos - I haven't seen them.
This law, however... this law gives pedophiles a huge gaping loophole to jump through. It needs to be fixed. Soon... especially now that this case has brought out this glaring fuck-up in the way the law is written. Lots of kids are at risk. :angry:

Carrie · 03-10-2004

I agree Peaches, there are a lot of cases of naked kids that have nothing to do with any type of pornographic context.

Then again, you could take a little girl and force her to undress slowly, force her to expose herself, all the while you're leering at her and wanking your weiner behind the camera... and the way this law is written you can get away with that.

Peaches · 03-10-2004

Quote:

Originally posted by Carrie@Mar 10 2004, 12:18 PM
I agree Peaches, there are a lot of cases of naked kids that have nothing to do with any type of pornographic context.

Then again, you could take a little girl and force her to undress slowly, force her to expose herself, all the while you're leering at her and wanking your weiner behind the camera... and the way this law is written you can get away with that.

Yep. Writing laws are tricky which is why I'm glad I don't to do it.

As much as I'd love to be able to do it, it's hard to know what the intent is of the photographer. Two naked little girls in a tub could be 100% innocent or 100% KP

pushpills · 03-10-2004

Very cool.

Although I'm sure there is physical interaction between some of the underage girls.

I'm sure there is plenty more legal fun to come for joey, but I bet he doesn't do time or anything, some fines I'd bet. Just my unfounded legal opinion.

Mike AI · 03-10-2004

Looks to me like Florida needs to re-write its statues.

I wonder if they could do anything in Federal Court?

pushpills · 03-10-2004

I noticed on a gfy thread joey and necoeds were together for spring break....

not in this country....

sarettah · 03-10-2004

Hmmmm...pretty loose statute it appears....

http://www.fdle.state.fl.us/FC3/child_pornography.htm

Child Pornography

FDLE receives numerous e-mails each week from citizens that are frustrated about receiving advertisement for pornography in their e-mail inbox or while surfing the Internet. The majority of the material located on the Internet and transferred through e-mail is adult pornography, and is protected by the first amendment of the United States Constitution. This material loses this protection however, if it includes depictions of child pornography.

If you have received an e-mail or visited a website that contains pornography, here are a few things to remember:

§ There is no law in Florida that prohibits spam e-mail. Even if the e-mail contains adult sexually explicit images, it is legal.

§ Child pornography is illegal to produce, possess or distribute under both Florida Statute 847.0135 and Federal law, U.S. Code 18 Part 1, Chapter 110 Section 2252.

§ Many websites appear to contain child pornography, but in reality contain “Child Erotica”(i.e. children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct, see below). Child Erotica is not illegal.

Florida Statute 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” Sexual conduct is defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.” Florida Statute 847.001(16)

Additionally, if you receive child pornography by e-mail or in any other manner, do not download, print, or copy it to a disk and do not forward the e-mail to anyone. Leave the e-mail in your inbox and contact your local authorities. If you find a website that contains images of child pornography you should not download any of these images for any reason. You should write down the web address and leave the site, then contact your local authorities. Reporting these incidents to the authorities is a protected action by Florida Statute 847.0139.

********************************************

Damn, that last paragraph is a big trap... It begets that fact totally that in order to perceive that it is child pornography, it has already been downloaded to the disk...

03-10-2004	#1
Mike AI Administrator Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 11,618	http://www.newsday.com/news/nationworld/wi...world-headlines Judge Rules 'Girls Gone Wild' Is Not Porn By Associated Press March 9, 2004, 11:43 PM EST PANAMA CITY, Fla. -- A videotape of an underage girl exposing her breasts is not child pornography, a judge decided Tuesday in a criminal case against the producer of the "Girls Gone Wild" video series. Joe Francis, 30, and several of his employees were arrested at Panama City Beach while filming during spring break last April. Bay County sheriff's deputies charged Francis with racketeering related to prostitution and other crimes, based largely on videotapes of girls under 18. Many of the 43 counts he faces hinge on what conduct is considered illegal or pornographic. "This ruling shows that the entire fabric of that claim is wrong," said defense lawyer Aaron Dyer of Los Angeles. Dyer said he expected the ruling to undermine at least 90 percent of the case. Circuit Judge Michael C. Overstreet made his decision in ordering that defense lawyers be allowed to copy tape confiscated during a search of Francis' rented condominium last spring. Prosecutors had tried to prevent the copying on grounds the videotape showing a girl "flashing" her breasts was illegal child pornography. Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video. State Attorney Jim Appleman did not immediately return a call seeking comment. Prosecutors contend Francis and his video crew enticed girls they knew were underage to expose themselves. The defendants deny the allegation and say the girls had lied about their ages. Francis owns Mantra Entertainment Inc. of Santa Monica, Calif., which produces and distributes the videos. __________________ Make big money on your Domains! Why wait 40 days to get paid with the other guys? Parked.com pays the most for your traffic, and cuts checks twice a month!

03-10-2004	#3
Almighty Colin Members Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,059	Give credit to Bush. Trust me. __________________ Almighty Content. Your one stop for live content. Secret Friends, LATINA Secret Friends , My Cam Friends

03-10-2004	#4
Winetalk.com Prostate Examiner I quoff fine wine at corkd.com Join Date: Oct 2002 Location: good 'ole USA Posts: 21,018	it ain't porn because it's...documentary. those tapes are FACTS and not fiction. __________________ why dogs sniff each other butts?

03-10-2004	#7
Winetalk.com Prostate Examiner I quoff fine wine at corkd.com Join Date: Oct 2002 Location: good 'ole USA Posts: 21,018	I think you are on the right track....I LOVE gals with dirty mind ;-))) __________________ why dogs sniff each other butts?

03-10-2004	#8
Carrie Eternal Newbie Respin bullshit press Your Comments Are Welcomed Join Date: Oct 2002 Location: Inside your monitor Posts: 2,850	"Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. " No comment on the videos - I haven't seen them. This law, however... this law gives pedophiles a huge gaping loophole to jump through. It needs to be fixed. Soon... especially now that this case has brought out this glaring fuck-up in the way the law is written. Lots of kids are at risk. :angry: __________________ Need a kick-ass design done quickly? I recommend Sex Creator - they absolutely ROCK.

03-10-2004	#2
Kt Doodles Members Join Date: Mar 2004 Posts: 46	Hmmm, perhaps I am misunderstanding this a bit, but since WHEN was it alright for underage children to be on porn films anyway??? Sure, sure THEY might not have been touching anyone, but those tapes DO involve at least SOME girl/girl contact. Regardless, these girls (flashing or more) were UNDERage...and GGW was STILL able to sell those images!! I am utterly amazed. Perhaps I am not savvy enough to the law, would someone care to explain???

03-10-2004	#11
pushpills ¯¯¯¯¯¯¯¯¯¯¯ The global leader in pay-per-view AEBN Join Date: Jan 2004 Location: chicago Posts: 3,460	Very cool. Although I'm sure there is physical interaction between some of the underage girls. I'm sure there is plenty more legal fun to come for joey, but I bet he doesn't do time or anything, some fines I'd bet. Just my unfounded legal opinion. __________________ ...Almighty Content - Free feeds for your members area!... The internet is a great way to get on the net. -Bob Dole ...Remote Thumbs - Make your TGP work for you!...

03-10-2004	#14
sarettah Stay Out Of The Box Want to see your own Advertising Here! Join Date: Oct 2002 Location: Lost in the ozone Posts: 10,318	Hmmmm...pretty loose statute it appears.... http://www.fdle.state.fl.us/FC3/child_pornography.htm Child Pornography FDLE receives numerous e-mails each week from citizens that are frustrated about receiving advertisement for pornography in their e-mail inbox or while surfing the Internet. The majority of the material located on the Internet and transferred through e-mail is adult pornography, and is protected by the first amendment of the United States Constitution. This material loses this protection however, if it includes depictions of child pornography. If you have received an e-mail or visited a website that contains pornography, here are a few things to remember: § There is no law in Florida that prohibits spam e-mail. Even if the e-mail contains adult sexually explicit images, it is legal. § Child pornography is illegal to produce, possess or distribute under both Florida Statute 847.0135 and Federal law, U.S. Code 18 Part 1, Chapter 110 Section 2252. § Many websites appear to contain child pornography, but in reality contain “Child Erotica”(i.e. children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct, see below). Child Erotica is not illegal. Florida Statute 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” Sexual conduct is defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.” Florida Statute 847.001(16) Additionally, if you receive child pornography by e-mail or in any other manner, do not download, print, or copy it to a disk and do not forward the e-mail to anyone. Leave the e-mail in your inbox and contact your local authorities. If you find a website that contains images of child pornography you should not download any of these images for any reason. You should write down the web address and leave the site, then contact your local authorities. Reporting these incidents to the authorities is a protected action by Florida Statute 847.0139. ******************************************** Damn, that last paragraph is a big trap... It begets that fact totally that in order to perceive that it is child pornography, it has already been downloaded to the disk... __________________ Free Adult Webcams