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 © 2026 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

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Show More