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Originally Posted by Quentin
There's the Karen Fletcher ("Red Rose") in which Fletcher is copping a plea -- the material there was text-only, and so far as I'm aware, only available online. I don't believe there were any DVDs or other hard product involved in the Ray Guhn case, either.
Michael, correct me if I'm wrong, but I don't believe using FedEx, UPS or any other private courier would prevent the government from charging a distributor with interstate transport of obscene materials, either...? Using a private courier *might* remove a couple of charging options for the prosecutor specifically relating to using the US mail to transport obscene materials, but I believe they can indict you for interstate transport regardless of whether you use the USPS or some other form of courier. Unless I'm mistaken, you could pack the DVDs in a truck, drive them to another state and hand them directly to the customer -- and doing so would still be 'interstate transport' of the material... right?
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You can absolutely still get charged with interstate transport of obscene materials, even if you ship them via FedEx, UPS, or drive them there yourself. Using the US mail just gets the postal inspector involved and makes it a more serious crime.
When I was still running adult bookstores I was at our warehouse in Durand, Michigan, and I took our cargo van full of VHS tapes and novelties to one of our stores in Memphis, Tennessee. In Tennessee you are not allowed to show hardcore penetration scenes on the box covers of at the time VHS tapes, or now DVD's, and we had copies with mosaics over the pictures of penetration on the boxes specifically for the Tennessee stores. The warehouse workers loaded the wrong copies in the van, and I was pulled over in Tennessee by a cop that liked to harass us at the Memphis store and was charged with interstate transfer of obscene materials. It was a very long and EXPENSIVE process to deal with...