Jury Finds ‘Gag Factor 18’ Obscene in Five Star Case

PHOENIX —A Phoenix jury has found that Five Star Video and Five Star Video Outlet are guilty of interstate transportation of obscene materials and the interstate transportation of obscene material by common carrier, after shipping the JM Productions title “Gag Factor 18” to an FBI agent in Virginia.

The jury acquitted on two other JM titles, “Filthy Things 6” and “American Bukkake 13.” Attorney Jeffrey Douglas, who represented Five Star co-owner Ken Graham in the case, said that it was remarkable that the jury acquitted on the two titles, given the circumstances.

“A jury burdened with improper instructions and improperly deprived of evidence concerning comparable materials available in the community acquitted on two of the three remaining DVDs in the case,” Douglas told XBIZ. “That’s remarkable, I think.”

Douglas said that the judge, Rosalyn O. Silver, denied the defense the opportunity to show the jury most of the comparable materials acquired as evidence for the case and opined that the judge had done so improperly.

”Interviews with jurors after they had delivered their verdict indicated that if they had known that similar materials were available throughout the Phoenix area, this likely would have changed their vote,” Douglas said.

Despite his assessment of some of the judge’s ruling on evidentiary issues and the nature of her instructions to the jury, Douglas emphasized that the judge had ruled properly on several motions over the strenuous objections of government attorneys.

As there were no human defendants convicted in the trial, the penalty for the conviction likely will take the form of fines, forfeiture by Five Star of any copies of “Gag Factor 18” still in its possession (Douglas said Five Star has no remaining copies of the DVD) and forfeiture of the domain FiveStarDVD.com.

Douglas said that the fines imposed could range from “the inconsequential to the catastrophic,” and that whether Five Star chooses to appeal the conviction or not will depend largely on the amount of the fines imposed.

No date has been set for sentencing in the case, Douglas said, adding that such dates generally are set within 60 days of the jury’s verdict being delivered.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

b-Vibe to Host 'Pottery & Sip' Event at XBIZ Expo

B-Vibe will host a “Mold Your Fantasy: A Pottery & Sip Experience” in partnership with Pot Studio LA during XBIZ Expo 2026.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

LELO Toys Featured on Netflix's 'Emily in Paris'

LELO's Sona 2 Cruise and Soraya Wave appear in episode seven of the latest season of Netflix's "Emily in Paris."

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Ball & Chain Debuts New 'Sex Dice' Game

Ball & Chain has introduced its Really Big Sex Position Dice game.

Wicked Sensual Care Debuts New Lube, Kits

Wicked Sensual Care (WSC) has introduced its first aloe-based lubricant and two new Adventure kits.

Sportsheets Expands 'Edge' Collection of Bondage Accessories

Sportsheets has introduced 15 new products from its Expand collection of bondage accessories.

Full Circle Debuts 'Royal Honeys' Love Torso Line

Full Circle has introduced its Royal Honeys collection of love torsos.

Orion Debuts 'Dual Vibrator' From Sweet Smile Line

Orion Wholesale has introduced the Dual Vibrator from its Sweet Smile line.

Creative Conceptions Debuts 'Sei Mio 2.0' Line

Creative Conceptions has introduced the new Sei Mio 2.0 line of pleasure products.

Show More