LAKE WALES, Fla. — Adult performer Kimberly Kupps and her husband both agreed to a plea deal over obscenity charges this morning.
A Florida circuit court accepted the negotiated "no contest" plea, adjudicating the pair guilty of a single misdemeanor offense and imposing a fine of $325.
All remaining misdemeanor counts, along with the felony charge, were dismissed, pursuant to the plea agreement.
Cameras, video recorders and financial documents seized by the Polk County, Fla., Sheriff’s Office during the arrest are to be returned to the couple, who did not attend the plea hearing.
Kupps, whose legal name is Theresa Taylor, was charged in July with 13 felonies for violating the distribution and sale of obscene material and one for the wholesale promotion of obscene material for content on her namesake site, KimberlyKupps.com.
Her husband also was charged with the same counts.
Adult industry attorney Lawrence Walters, who defended the pair, told XBIZ they have moved out of state and are happy to put this case behind them, without any jail time, probation or felony conviction.
"While I believe that these charges were unwarranted and ill-conceived, I respect Theresa’s decision to resolve the case in this manner, and move on with her life," Walters said. "The entire prosecution was a waste of tax dollars and will have no impact on the availability of erotic materials on the Internet.
"Polk County officials are fighting a losing battle with these obscenity cases, and hopefully they will realize that sooner or later."
The Polk County Sheriff's Department had been investigating the big-boobs model and performer for three months after a deputy paid an initial $19.95 membership fee to her website. Florida Judge Reinaldo Ojeda reviewed Kupps' clips and signed off on arrest warrants after he deemed the content obscene.
After Kupps was arrested, the Polk County sheriff — Grady Judd — declared war on the production and distribution of porn in his county.
“We want a wholesome community here, we don’t want smut peddlers,” Judd said, “and if they try to peddle their smut from Polk County or into Polk County we’ll be on them like a cheap suit.”
Diane Duke, the Free Speech Coalition's executive director, said Judd's ongoing war on porn is unconstitutional.
"The Polk County sheriff is waging his personal war on expression — 1st Amendment be damned!" Duke told XBIZ. "This is a clear abuse of power and blatant disregard for the U.S. Constitution."