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

Nalpac, Entrenue Expand Sales Team, Ecommerce and Drop Shipping Services

Nalpac/Entrenue has expanded its drop shipping and ecommerce services and added two new members to its sales team.

Blush Debuts 'Cuddle Cloud,' 'Wanderlust' Vibes From 'Play With Me' Line

Blush has introduced the Cuddle Cloud and Wanderlust vibrators from its Play With Me collection.

VVD Debuts 'Vkini' Vibrating Bikini Top

Pleasure brand VVD has introduced its Vkini vibrating bikini top.

XR Brands Debuts 'Mistress Masturbators' Promo Bundles

XR Brands has launched its new Mistress Masturbators promotional bundles.

Adorime Unveils 'The Rose' Massager

Adorime has introduced The Rose massager.

Svakom Debuts 'Vick Neo 2,' 'Iker Neo' Vibrators

Svakom has introduced its Vick Neo 2 and Iker Neo vibrators.

Blush Debuts 'Quinn' Vibrator

Blush has introduced its new Quinn vibrator.

LELO Debuts 'F2S' Stroker

LELO has introduced its new F2S stroker.

NYU Study Finds Age Verification Laws Don't Work

A group of university researchers has published a study whose findings suggest that age verification laws are ineffective at achieving their stated goal of preventing minors from accessing adult content.

Monster Cocks Debuts 'Mamma's Boy' Dildo

Pleasure brand Monster Cocks has introduced its new “Friday the 13th”-inspired Mamma’s Boy dildo.

Show More