Free Speech Alert - AZ Photographers & Webmasters

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  • Exotic Gold
    Confirmed User
    • Jul 2007
    • 528
    #16
    Originally posted by pornlaw
    I just received a call from a Arizona criminal defense attorney who is representing the webmaster/photographer in the Desert Divas case. Apparently the webmaster/photographer for that site has been charged with the same criminal charges as the owner of the escort service.

    For merely taking pictures and maintaining the website he has been charged as though he owned and profited from the site. He was merely an IC.

    This is a serious First Amendment issue and can have real ramifications for the industry that operates in Arizona and for the state of Arizona, if they were to lose this prosecution and subsequent appeal(s).

    From what I was told none of the photographs went beyond mere nudity.

    This is what happens with an over zealous prosecutor trying to become the next State Attorney General.
    The way I understood the case - they were filming acts of prostitution.


    ExoticGold - The girls are Exotic, the payouts are Gold. What else do you need to know?

      Comment

      • pornlaw
        Confirmed User
        • Feb 2007
        • 1902
        #17
        Originally posted by Exotic Gold
        The way I understood the case - they were filming acts of prostitution.
        You may know more than me but I was told differently. And if he was filming acts of prostitution for a website distribution then it falls squarely into hardcore content production and may be a protected First Amendment right.

        The State of Arizona will win 100%

        Both the prosecution and criminal defense attorneys circumvent for prosecution.

        Once a prosecutor files against you as a number in the State of Arizona, you will be found guilty (convicted) and sentenced accordingly to ARS 13 Arizona Revised Statutes.

        Here is why: This is ARIZONA! Not California or Florida. Criminal defense attorneys will not oppose the court and prosecutors in today's trials too much, they will not take a gamble and strikes in your defense as they will lose their BAR.
        I am referring him to a First Amendment criminal defense attorney from outside Arizona to challenge the prosecution. I am not a First Amendment criminal attorney and his current lawyer doesnt know First Amendment either. I suspect that once outside counsel is associated in, the local prosecutor may think twice about continuing.
        Michael

        www.AdultBizLaw.com

          Comment

          • Exotic Gold
            Confirmed User
            • Jul 2007
            • 528
            #18
            Originally posted by pornlaw
            You may know more than me but I was told differently. And if he was filming acts of prostitution for a website distribution then it falls squarely into hardcore content production and may be a protected First Amendment right.

            I am referring him to a First Amendment criminal defense attorney from outside Arizona to challenge the prosecution. I am not a First Amendment criminal attorney and his current lawyer doesnt know First Amendment either. I suspect that once outside counsel is associated in, the local prosecutor may think twice about continuing.
            Point one - as I was told (by one of the principals - they were all over the Phx Forum a few years ago) their business model was to film hookers and johns having sex and try to resell this online as pay site content. How is documenting a felony protected speech?

            Originally posted by pornlaw
            For merely taking pictures and maintaining the website he has been charged as though he owned and profited from the site. He was merely an IC.
            I have no idea what an IC is, but a guy working for a prostitution ring and being paid with the proceeds is a guilty party.

            As I posted above - and I'm just a guy on the street - they made no secret of the fact that they were pimpin' hoes.

            Point two - I couldn't quite make sense of Eddie's rant, but this was a high profile case and you bet your ass they will be handing out convictions.


            ExoticGold - The girls are Exotic, the payouts are Gold. What else do you need to know?

              Comment

              • SoloGirlsContent
                So Fucking Banned
                • Oct 2003
                • 5013
                #19
                here's a an idea. MOVE THE FUCK OUT OF AZ..it's a shit hot pool anyway

                  Comment

                  • billywatson
                    Confirmed User
                    • Aug 2002
                    • 3281
                    #20
                    Michael -- is this over Escorts in Action?

                    I Shoot Porn.

                      Comment

                      • pornlaw
                        Confirmed User
                        • Feb 2007
                        • 1902
                        #21
                        Originally posted by billywatson
                        Michael -- is this over Escorts in Action?
                        Is that the name of the site or escort ring ? I didnt get any names.

                        Call me later and we can talk about it ....
                        Michael

                        www.AdultBizLaw.com

                          Comment

                          • L-Pink
                            working on my tan
                            • Mar 2005
                            • 39151
                            #22
                            Originally posted by pornlaw

                            For merely taking pictures and maintaining the website he has been charged as though he owned and profited from the site. He was merely an IC.
                            Isn't maintaining a site that is used for prostitution, sex for money, different from running a porn site, private viewing of legal content?

                            Sounds like he was part of an on-going illegal business. If he was being paid then he was part of the operation. This is much different than simply taking legal photos of women then selling them.

                            Freedom of speech and selling whores really have nothing in common do they?


                            .

                            .

                              Comment

                              • L-Pink
                                working on my tan
                                • Mar 2005
                                • 39151
                                #23
                                Originally posted by simonsyinister
                                here's a an idea. MOVE THE FUCK OUT OF AZ..it's a shit hot pool anyway
                                Selling whores across state lines isn't a good idea either .....




                                .

                                  Comment

                                  • Nikki_Licks
                                    Confirmed User
                                    • May 2005
                                    • 6323
                                    #24
                                    Have they listed the name of the Webmaster/Photographer in question? I really hope this state gets their ass handed to them with this one. Someday, we will be able to leave this place...YaHooooo!
                                    Amateur Content
                                    ICQ: 292 356 077

                                      Comment

                                      • dyna mo
                                        just a fucking jerk
                                        • Dec 2008
                                        • 68184
                                        #25
                                        Originally posted by L-Pink
                                        Isn't maintaining a site that is used for prostitution, sex for money, different from running a porn site, private viewing of legal content?

                                        Sounds like he was part of an on-going illegal business. If he was being paid then he was part of the operation. This is much different than simply taking legal photos of women then selling them.

                                        Freedom of speech and selling whores really have nothing in common do they?


                                        .

                                        .
                                        agreed.

                                        i also don't believe it's in the industry's best interest to try and use an accused organized crime ring's prostitution case to lead the way for a 1st amendment fight for pornography.

                                        that's a way bad idea.

                                          Comment

                                          • L-Pink
                                            working on my tan
                                            • Mar 2005
                                            • 39151
                                            #26
                                            Originally posted by dyna mo
                                            i also don't believe it's in the industry's best interest to try and use an accused organized crime ring's prostitution case to lead the way for a 1st amendment fight for pornography.

                                            that's a way bad idea.

                                            A way, way bad idea.

                                            Let's not confuse the fantasy viewing product we sell with two strangers meeting for paid sex.


                                            .

                                              Comment

                                              • VisionFantasy
                                                So Fucking Banned
                                                • Sep 2009
                                                • 168
                                                #27
                                                Originally posted by pornlaw
                                                You may know more than me but I was told differently. And if he was filming acts of prostitution for a website distribution then it falls squarely into hardcore content production and may be a protected First Amendment right.



                                                I am referring him to a First Amendment criminal defense attorney from outside Arizona to challenge the prosecution. I am not a First Amendment criminal attorney and his current lawyer doesnt know First Amendment either. I suspect that once outside counsel is associated in, the local prosecutor may think twice about continuing.
                                                Stay in California, you have no idea of how corrupt Arizona is. First Amendment or not the prosecution will fry your ass in Arizona.
                                                Arizona does not abide the United States Constitution or Rules of Criminal Procedure, so that is where you are wrong.

                                                You may know PORN Law, but dealing with Arizona you do not!
                                                If O.J. Simpson was tried in Arizona for the acts of Homicide, he would have been found guilty and sentenced to death in Arizona.
                                                Everytime one of his attorneys took a strike in trial, they would have been in jail for contempt of court everytime!
                                                Last edited by VisionFantasy; 10-07-2009, 02:52 PM.

                                                  Comment

                                                  • dyna mo
                                                    just a fucking jerk
                                                    • Dec 2008
                                                    • 68184
                                                    #28
                                                    yeah, california is a beacon of goodness and what's right in the world.

                                                    eddie, that's a long time to stay in prison for a crime you didn't commit. too bad the state of arizona had it in for you, seems like you get that a lot.

                                                      Comment

                                                      • pornlaw
                                                        Confirmed User
                                                        • Feb 2007
                                                        • 1902
                                                        #29
                                                        Originally posted by VisionFantasy
                                                        Stay in California, you have no idea of how corrupt Arizona is. First Amendment or not the prosecution will fry your ass in Arizona.
                                                        Arizona does not abide the United States Constitution or Rules of Criminal Procedure, so that is where you are wrong.

                                                        You may know PORN Law, but dealing with Arizona you do not!
                                                        If O.J. Simpson was tried in Arizona for the acts of Homicide, he would have been found guilty and sentenced to death in Arizona.
                                                        Everytime one of his attorneys took a strike in trial, they would have been in jail for contempt of court everytime!
                                                        I am not a criminal defense First Amendment attorney so I wont be going to Arizona on this case. But from talking with his Arizona defense attorney I would have to agree that Arizona is a very conservative state that really doesnt pay attention to its own rules and laws when they want to prosecute someone.

                                                        Point one - as I was told (by one of the principals - they were all over the Phx Forum a few years ago) their business model was to film hookers and johns having sex and try to resell this online as pay site content. How is documenting a felony protected speech?
                                                        Different guy. This guy just took pics of naked and half naked women. No sex acts.

                                                        Sounds like he was part of an on-going illegal business. If he was being paid then he was part of the operation. This is much different than simply taking legal photos of women then selling them.
                                                        What about the guy that gets paid to takes pics of guys growing weed for "High Times" ?
                                                        It used to be illegal in all states to cultivate.
                                                        Michael

                                                        www.AdultBizLaw.com

                                                          Comment

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