Florida Criminal Attorney Blog
The Polk County Sheriff’s Office arrested a Lake Wales couple after a three month investigation was concluded Friday that allegedly confirmed the pair was filming and distributing porn from their home. A Polk County judge deemed the pornographic videos as obscene material under Florida law.
The couple was charged with a slew of misdemeanors including, six counts each of wholesale promotion of obscene material, distribution of obscene material ad selling obscene material. The woman was charged with felony wholesale promotion of obscene material.
The investigation began after investigators allegedly received tips the 55-year-old woman was making and distributing porn from her home. The investigator supposedly paid the membership fee of $19.95 to gain access to the woman’s web site where videos of her having sex with women and men were available to view. Some of the woman’s clothing worn in the films was available to purchase on the site as well.
A police report indicates that the woman posted on Twitter about some of her sexual escapades.
The woman’s 58-year-old husband allegedly told police he filmed the videos and over the past four months had made around $2,800.
The woman was set to be released from the Polk County Jail Saturday night after posting $7,500 bond. Her husband remained in jail.
Obscenity, under Florida law, refers to uninhibited sexual activity that is visible to the public, accessible and offensive in nature. Art generally does not fall under the obscene category unless it can be classified as pornography. To prove obscenity, three areas must be proved; the work in question is explicitly sexual, the average person would find the material in question offensive using community standards and the material contains no scientific, literary or artistic value other than explicit sexual content.
Obscenity charges are usually misdemeanors, but can be charged as a felony in some cases especially when the material displays a minor or is provided to a child. Judges will typically impose hefty fines or order the individual charged with counseling, but jail time, community service and property forfeiture can also be consequences of an obscenity charge.
If you face charges involving the promotion, distribution or selling of pornography or any type of obscene material in the state of Florida contact the Florida Criminal Defense Attorneys at the Law Offices of Whittel & Melton, LLC online or reach us toll-free at 1-866-608-5LAW (5529).