Kansas Jury Rules in ‘Sexting’ Statue Obscenity Case

OVERLAND PARK, Kan. — The latest obscenity case to hit the law books may come as a surprise to observers in more liberal communities, because it was aimed at a statue, rather than at sexual content.

A grand jury in Johnson County, Kansas, ruled that “Accept or Reject,” a statue depicting a partially clothed young woman engaged in self-photography, is indeed “not obscene” — despite objections made by the American Family Association, which presented an 8,000-signature petition demanding removal of the statue from the Overland Park Arboretum, where it resides along a wooded walking trail.

The artwork is suggestive of “sexting” — the practice of sending sexually suggestive self-images via mobile device to a limited audience, such as when young lovers exchange candid photos shot with their Smartphones.

The grand jury “sat for one day and viewed the photographs of the statue [then] reviewed the Kansas law and found that the sculpture in question did not meet the legal definition of obscenity,” it stated in its report to the Johnson County District Attorney’s office.

Overland Park officials are reportedly pleased with the decision, but adult entertainment industry attorney JD Obenberger (www.xxxlaw.net) expressed dismay over the proceedings.

Posting his comments on the website of the local NBC affiliate station that covered the case, KSHB.com, Obenberger called the statue a “highly stylized work that suggests vanity and narcissism, self-adulation and self-worship — which is after all the root of all of the problems that’s plagued humanity from the start,” and as a result, possesses serious artistic value.

The noted attorney explained that the absence of “serious value” is one of three factors that prosecutors must prove to render any work obscene.

“No matter how prurient the appeal of the work, no matter how shockingly and patently the work offends contemporary community norms of what is permissible or accepted, if it possesses serious artistic value, it cannot be obscene,” Obenberger states. “Why? Because our Patriot forefathers correctly came to the judgment that all of society itself would become the victim if any expression that adds to the debate about the basic questions about humanity could be outlawed, criminalized, and taken out of society’s view.”

“That's a distinctively American value, what we invented, and what sets us apart from the rest of the world,” Obenberger added. “Remember, it was a Statue of Liberty out immigrant ancestors looked up to when they arrived in New York harbor, not a Statue of Decency.”

Obenberger offers an online obscenity law guide at https://www.xxxlaw.com/obscenity/index.html.

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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

APClips Launches New Blog

APClips has launched a blog, AmateurPorn.com.

Centrobill Launches 'Max' Payment Suite

Payment processing service Centrobill has launched its new Max Suite toolkit.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters by country in December and January.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

Mobile OnlyFans Management Platform 'TopCreator' Launches

Mobile OnlyFans management and chat platform TopCreator has launched.

JustFor.fans Marks Its 7th Anniversary With Palm Springs Conference

JustFor.fans is celebrating its seventh anniversary with a four-day conference and party in Palm Springs May 18-21.

Show More