Judge Rules 'Girls Gone Wild' Is Not Porn
Associated Press
Posted on 03/09/2004 11:17:45 PM PST by Redcloak
Posted on Tue, Mar. 09, 2004
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.
As I understand it, they now convince a couple girls found on the street to go to a hotel room and play at lesbianism (kissing each other, undressing each other, fondling each other, etc.).
At least one such participant was supposedly underage and even some girls over 18 were allegedly being supplied drugs and alcohol by the crew.
A bar owner saying "she showed me an ID that said she was 21" is not a valid excuse and being shown a fake ID won't hold up in court when they try to enforce her contract.
There was little effort made in prosecuting those who exploited Traci Lords (even Penthouse published nude photos of her in the "Miss America" issue).
I believe that Rob Lowe did have some penalties for having sex with a minor even though he met her at a bar (meaning that she misrepresented her age).
In most cases, they will, because the employee is supposed to know how to detect fake IDs. If charges are filed, and you end up in court, your only chance is to convince a jury there was no way you could have known it was fake.
There was little effort made in prosecuting those who exploited Traci Lords (even Penthouse published nude photos of her in the "Miss America" issue).
My understanding is it was because they had no case. She had fake birth certificates and other documents. It did lead to new laws and more stringent screening, though. I don't believe the defense of "she had fake documents" can be used today.
I believe that Rob Lowe did have some penalties for having sex with a minor even though he met her at a bar (meaning that she misrepresented her age).
I believe so too, and I disagree with that entire notion. A person in a bar has the reasonable expectation that anyone in there is at least 18 or older(or 21, depending on the rules, but at least 18).
Not the judge's fault that Florida's law was poorly written. Under a strict reading of this law, and based on the facts of the case, the judge ruled correctly.
Some "conservatives" want judicial activism, so long as they get the "right" result.
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