Jail for BDSM Porn?

Jail for BDSM Porn? (Full Version)

All Forums >> [Community Discussions] >> Alternative Lifestyles in the News

Message

rulemylife -> Jail for BDSM Porn? (9/21/2008 2:03:52 PM)
Many of us here like to believe this lifestyle has entered the mainstream and is readily accepted by the general public. The following link and quote concern a corrupt local politician. The Feds couldn't nail him on what he was initially charged with so they came up with this farce. The fact he was convicted on this is scary. Scarier still is their trying to add time to his sentence because it was BDSM porn. The scariest part to me, though, are the comments posted on the link by readers (the link is the website of the Cleveland Plain Dealer). http://blog.cleveland.com/metro/2008/09/cuyahoga_recorder_omalley_may.html Cuyahoga recorder O'Malley may get additional year in prison due to violent computer content Posted by Patrick O'Donnell and John Caniglia. Plain Dealer Reporters September 19, 2008 23:15PM Former Cuyahoga County Recorder Patrick O'Malley could spend almost a year more in prison than he expected because the material found on his computer was sadistic, masochistic or otherwise violent. O'Malley pleaded guilty in May to a federal obscenity charge for material found on a private computer at his Chagrin Falls home. His plea agreement included a sentence of 10 to 16 months in prison or just probation, if the judge so chose. Since then, court officials have found that the material on the computer "portrays a sadistic or machochistic [sic] conduct or other depictions of violence," according to a filing in court Thursday. They now recommend that his sentence be increased to a possible 27 months. The court's probation department also recommends that probation not be an option. O'Malley and lawyer Ian Freedman have objected to any increase. Exactly what was on the computer has not been released by O'Malley or federal officials. Prosecutors will present that at O'Malley's sentencing Oct. 3 [Mod Note: email address removed]

wulfgarw -> RE: Jail for BDSM Porn? (9/21/2008 3:04:57 PM)
Makes one wonder if they'll press terrorism charges next. Did they break into his computer just looking for anything to nail him for anything?

janigrey -> RE: Jail for BDSM Porn? (9/21/2008 3:17:45 PM)
Yes - I wonder what was the search warrent for that gave them access to his computer? There seems to be important information missing from this article.

rulemylife -> RE: Jail for BDSM Porn? (9/21/2008 5:07:40 PM)
quote: ORIGINAL: wulfgarw Makes one wonder if they'll press terrorism charges next. Did they break into his computer just looking for anything to nail him for anything? This guy was no saint to begin with. He was already being investigated on charges relating to corruption in office. He was then involved in a domestic violence situation with his wife and she either claimed there was illegal porn on his computer or the investigating agencies just took the extra leap to probe for it. As far as the reports go, there was nothing deemed illegal, only obscene, which is what concerns me being that obscene is very subjective.

TheHungryTiger -> RE: Jail for BDSM Porn? (9/22/2008 4:22:13 AM)
quote: ORIGINAL: janigrey Yes - I wonder what was the search warrent for that gave them access to his computer? From http://blog.cleveland.com/metro/2008/05/omalley_charged_with_obscenity.html quote: The search warrant also said the FBI was looking for material containing child pornography. Investigators at the time also took a tool box from Vicki O'Malley that belonged to her husband. According to a subpoena acquired by The Plain Dealer, the investigators wanted to search the tool box for evidence related to the possession child pornography.

ExKat -> RE: Jail for BDSM Porn? (9/22/2008 4:57:08 AM)
quote: ORIGINAL: rulemylife As far as the reports go, there was nothing deemed illegal, only obscene, which is what concerns me being that obscene is very subjective. What concerns me is that there's still a law outlawing obscene material on the books. What the hell?

rulemylife -> RE: Jail for BDSM Porn? (9/22/2008 11:25:14 AM)
quote: ORIGINAL: TheHungryTiger quote: ORIGINAL: janigrey Yes - I wonder what was the search warrent for that gave them access to his computer? From http://blog.cleveland.com/metro/2008/05/omalley_charged_with_obscenity.html quote: The search warrant also said the FBI was looking for material containing child pornography. Investigators at the time also took a tool box from Vicki O'Malley that belonged to her husband. According to a subpoena acquired by The Plain Dealer, the investigators wanted to search the tool box for evidence related to the possession child pornography. Yes, his wife alleged that in the midst of a custody dispute during their divorce. She also alleged domestic violence and he was cleared of those charges. His conviction was not for any of the allegations in the search warrant. I'm not trying to defend this guy, but it appears as if they couldn't nail him on any other charge so they used this obscenity statute to convict him. And because it was bdsm related they are trying to claim it was particularly obscene because of the supposed "violence" involved.

bipolarber -> RE: Jail for BDSM Porn? (9/22/2008 12:34:37 PM)
I doubt that had a Warrant for searching his computer... we're living in the days of "PATRIOT II," after all. All your rights have become conditional, thanks to the republicans tossing out hebeas corpus. There's not ONE BDSMer in the Ohio area who would stand up for their way of life in this paper's comment column? No one who would point out that, despite whatever else he was accused of, being kinky was not against the law? That they were adding to this guy's sentance simply because they didn't like his brand of sexuality? Do the good people of Ohio really, truely believe that this is the only guy in their state who is into using handcuffs in a friendly way? (I wonder who's been keeping the Cleveland sex shops in business all this time?)

Kizanth -> RE: Jail for BDSM Porn? (9/22/2008 1:11:23 PM)
It's interesting, because the federal "definition" for obscenity doesn't exist. It is, quite simply, subject to the local and state popular views. A judge may call for an obscenity ruling based on his or her own interpretation of what is truly obscene. The fact is, what is obscene to a judge may not be to a community (by which I mean a group of likeminded and cooperative individuals.) Ahh, the duplicity of our government.

TheHungryTiger -> RE: Jail for BDSM Porn? (9/22/2008 2:18:30 PM)
quote: ORIGINAL: rulemylife .....And because it was bdsm related ..... And you know its BDSM related how exactly? The link that you yourself gave said that what exactly was on the computer hasn't been released yet and wont be until his sentencing. All the article says is that it was 'sadomasochism and violence'. That could be snuff. That could be crush. That could be some kind of 'faces of death' video clip. There is a heck of a lot more to sadomasochism than just us poor helpless innocent BDSMers who are oppressed by the evil prudish victorian-minded government goons. Ted Bundy was a sadomasochist but I would hardly claim that he was into BDSM. The terms sadism and masochism still have clinical meaning in diagonosing psychiatric disorders. The fact that it comes out of a police report, as well as the fact that they say 'and violence' kind of leads me to believe that its not a picture of a naught libarian getting an over the knee spanking. But people convinced that we are living in a purticinal police state will find any excuse to scream 'Oh woe is us, our lifestyle is still so oppressed'.

Jack45 -> RE: Jail for BDSM Porn? (9/22/2008 4:58:37 PM)
Canada is just as bad on this subject. America has a real problem with being honest about its sexuality. For God's sake they now blur out nudity on PBS ever since Clinton regime. Imagine MORE FREEDOM with Reagan and G HW Bush than today! I blame it on Christian Evangelicals.

DMFParadox -> RE: Jail for BDSM Porn? (9/23/2008 5:03:42 AM)
Like I said in another thread a second ago, we need some kinksters in office. Any volunteers?

kittengirl8 -> RE: Jail for BDSM Porn? (9/23/2008 10:35:52 AM)
DMF, I considered it, but decided I'm just a little too smart to be a politician.

Kizanth -> RE: Jail for BDSM Porn? (9/23/2008 12:20:23 PM)
I'd do it! Of course the admission of all of my faults from the get-go would make for a very boring or secretly comical campaign.

TazDevil -> RE: Jail for BDSM Porn? (9/23/2008 1:28:14 PM)
you kidding right? it was not all that long agow some one was given like 30 years for shareing Anile (ass) sex vidos over the net YES! over the net and that was in the usa! and here the thing to top it off HE WAS NOT TRYING TO DO THAT! he was trying to show some one a soft pic of a mottle the same web sight just happoned to have other pics!!!!!!!!! NO KIDDING, the resone he in jell.. underaged ones got the pic, but that not what they got hem on! they got hem on shareing pics of anile sex

kittinSol -> RE: Jail for BDSM Porn? (9/23/2008 1:30:39 PM)
quote: ORIGINAL: TazDevil it was not all that long agow some one was given like 30 years for shareing Anile (ass) sex vidos over the net YES! [:-] Dude... [:o] [X(][&:][:(]

Kizanth -> RE: Jail for BDSM Porn? (9/23/2008 1:53:05 PM)
Oy. The need for spell-check not being the point here, one could come up with any number of stories of this or that, people being arrested for one reason or another. Basically what it comes down to is a puritanical uprising of folks who believe anything involving sex other than the missionary position performed by a man and a woman locked in holy matrimony ordained and witnessed by God and church is an abomination and anything beyond that is obscene and sinful and should not be distributed.

TheHungryTiger -> RE: Jail for BDSM Porn? (9/23/2008 8:00:34 PM)
(side note: As I know Taz from another website I should probably point out to everyone that he has a nuriological condition similar to dyslexia. Us bad spellers gotta stick up for each other) I try and keep a fairly close watch on federal obscenity charges seeing as how I own and run a kink-website myself. But this dosent sound like any case Im fimilar with. Do you have any addational information? Case number? News report link? Even if you could pin down what state it was in that would help a lot.

rulemylife -> RE: Jail for BDSM Porn? (9/24/2008 3:47:49 PM)
quote: ORIGINAL: TheHungryTiger quote: ORIGINAL: rulemylife .....And because it was bdsm related ..... And you know its BDSM related how exactly? The link that you yourself gave said that what exactly was on the computer hasn't been released yet and wont be until his sentencing. All the article says is that it was 'sadomasochism and violence'. That could be snuff. That could be crush. That could be some kind of 'faces of death' video clip. There is a heck of a lot more to sadomasochism than just us poor helpless innocent BDSMers who are oppressed by the evil prudish victorian-minded government goons. Ted Bundy was a sadomasochist but I would hardly claim that he was into BDSM. The terms sadism and masochism still have clinical meaning in diagonosing psychiatric disorders. The fact that it comes out of a police report, as well as the fact that they say 'and violence' kind of leads me to believe that its not a picture of a naught libarian getting an over the knee spanking. But people convinced that we are living in a purticinal police state will find any excuse to scream 'Oh woe is us, our lifestyle is still so oppressed'. I guess I thought it was BDSM because of the sado-masochism reference. Or did someone change the definition of the SM part of BDSM? You could be right about the content, but I don't think it would have been kept a secret if it would have helped prosecutors make their case, especially in influencing public opinion on the case. Maybe I should have posted more background on the story. Basically this guy has been skirting the edges of the law for years with everything from being involved in bar fights to corruption in office, but he has always gotten off with the help of his political connections. What I believed happened was they used the obscenity statute as a last resort to convict him on something. His conviction is not what bothers me, he would have ended up in jail for something regardless. What bothers me is the use of a little-used statute, and the implication that he should serve more time because of the SM content involved. It sets an unwelcome precedent. No, I don't know that it wasn't something more serious, like snuff porn. Again though, if it was I can't imagine that it wouldn't have been made public. I guess we'll see when he gets sentenced Oct. 3rd.

TheHungryTiger -> RE: Jail for BDSM Porn? (9/24/2008 4:12:07 PM)
Eh ..... difrent viewpoints then I guess. Im not egitostical enough to believe that any and all uses of the word 'sado-masochism' must be talking about me and my sexuality. Ted Bundy has frequently been called a sado-masochist but I dont feel that his trial and execution can be used as ~proof~ that poor iniocent kinksters are being opresed by a heavy handed government. As for the 'not being released' issue. Its fairly common for court documents to be sealed untill after the trial. I dont think that proves what the pictures were either way.

Page: [1] 2 next > >>

Collarchat.com © 2025

Terms of Service

0.046875