Porn Writer Off The Hook

COLUMBUS, Ohio – A man who fictionalized the torture and molestation of children was dismissed of child pornography charges this week after a judge decided that he was being held to the same legal standards that would typically be used in a case involving the abuse of real children.

The writer, Brian Dalton, is the first person in the United States to be arrested for writing about child pornography, as opposed to being involved in the production or distribution of child porn images. The stories were part of a journal that was discovered by his parents.

Dalton's lawyer argued that his client had never attempted to distribute or publish his child porn writings, and that the fact that the journal had been taken from his apartment was an invasion of privacy.

"This is the second court to decide that something was wrong in the first place," Dalton's lawyer stated. "What you write in your private notebook should not be the subject of prosecution."

Dalton was arrested in September for the writings, and according to the Associated Press (AP), he has been under house arrest at his parent's home ever since the indictment. Dalton has been on probation since 2001 when he was discovered in possession of child porn images. He was charged with pandering obscenity and pleaded guilty at the time.

According to the AP, in order for Dalton to fight the charges against his fiction writing, he and his lawyer sought to overturn his earlier guilty plea from three years ago, a request that was granted by the 10th Ohio District Court of Appeals in July 2003 on the basis that Dalton has received poor legal advice at the time of his first arrest.

Dalton's dismissal comes at the same time the Canadian government is grappling with a similar issue of whether to prosecute artists and writers that depict underage children in creative works.

A bill is being passed through the Canadian Parliament that would eliminate the legal defense previously known as "artistic merit" for artists and writers who are accused of producing child porn-related works of art.

"Artistic merit" has been part of the Canadian criminal code for the past 50 years, and according to reports, artists who are charged under Canada's child porn law will only be able to argue that their work serves the "public good" in order to avoid a conviction.

Copyright © 2024 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

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Byborg's Le Shaw Institute Partners With Woodhull Freedom Foundation

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with the U.S.-based Woodhull Freedom Foundation.

Trump VP Pick J. D. Vance Called for 'Outright Ban' on Adult Content in 2021

Presumptive Republican presidential nominee Donald Trump announced Monday that he had selected as his running mate Ohio Senator J. D. Vance, who in a 2021 interview called for an “outright ban” on porn.

Catholic Groups Produce New Propaganda Series 'The Porn Disaster'

Catholic communications conglomerate Shalom Media has released new episodes of its anti-porn propaganda video and audio series, “The Porn Disaster.”

National Conservatism Conference Panelist Confirms Age Verification Laws Are Path to Total Porn Ban

This year’s National Conservatism Conference in Washington hosted a “Big Tech and Big Porn” panel earlier this week, during which a spokesperson for the right-wing Ethics and Public Policy Center confirmed that the age verification laws currently being promoted around the country by religious conservatives are merely a step toward the ultimate goal of a total ban of porn.

Pornhub Shuts Down Access in Kentucky Over Age Verification

Aylo has blocked access to Pornhub in Kentucky as of Wednesday, five days before the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — is scheduled to go into effect.

Show More