Mo. Store Owner’s Obscenity Conviction Overturned

ANDERSON, Mo. — A state court of appeals has overturned the conviction of an adult store owner charged with three misdemeanor counts of promoting obscenity after clerks at the store sold three adult videos to undercover law enforcement operatives in separate instances that took place between April 2004 and January 2005.

The Missouri Court of Appeals overturned the conviction of Midnite Video South owner Robert Crump Jr. and remanded the case for a new trial. A jury in McDonald County convicted Crump in June 2006, but a procedural error on the part of the trial court led the appellate court to overturn the conviction.

In its opinion, the appellate court concurred with Crump’s argument that Judge John LePage erred in overruling a defense motion to dismiss the charges based on the fact that an affidavit of probable cause failed to describe the content of the allegedly obscene videos.

As noted by the appellate court, the prosecution concedes that “the trial court erred in overruling Appellant’s motion to dismiss the information” and actually joined Crump in requesting a reversal of the conviction and remand for a new trial.

The prosecution also asserted that Crump’s point concerning the affidavit was so convincing, it rendered the other arguments in the appeal moot. According to the appellate court’s opinion, given the fact that the procedural issue was sufficient to overturn the conviction and remand the case for a new trial, neither side felt it necessary for the court to review the videos themselves.

Bill Fleischaker, a Joplin, Mo.-based attorney who represents Crump in the case, told XBIZ today that in cases where there are procedural grounds for overturning a conviction, the court will typically not address the more nuanced constitutional arguments raised in the same appeal.

“Sometimes the court seizes on the easiest ones,” Fleischaker said. “It’s pretty typical in any case.”

Fleischaker said he believed that the decision to prosecute his client was “politically motivated.” A former prosecutor himself, Fleischaker noted that when obscenity charges are filed against a defendant, “in the vast majority of situations, the prosecutor either rightly or wrongly believes that this is what the voters want them to do.”

Fleischaker conceded that adult businesses sometimes do become fronts for illegal activity, like prostitution, but said this was not the case with Midnite Video South.

“Nobody is forcing anybody to a video store, and they aren’t keeping children hostage in there,” Fleischaker said. “What was taking place here was constitutionally protected.”

Fleischaker also questioned the nature of the investigation, and why authorities would place a priority on alleged obscene materials, given some of the other problems being faced in Missouri.

“We have a huge meth problem here, and a lot of other more serious things going on,” Fleischaker said, noting that the undercover agents who purchased the allegedly obscene videos were members of a local drug task force.

“In my opinion, it’s a poor use of local resources,” Fleischaker said.

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

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Orion Debuts New Vibe From 'Javida' Line

Orion Wholesale has introduced the newest vibrator from its Javida collection.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Fort Troff, XR Brands Enter Strategic Partnership

Pleasure brand Fort Troff has entered a strategic partnership with XR Brands for product development, manufacturing, and distribution.

Full Circle Expands 'Pleasure Company' Vibe Collection

Full Circle has added six new vibrators to its Pleasure Company line.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

Our Erotic Journey Taps Polly Chen for Sales Team

Our Erotic Journey (OEJ) has hired Polly Chen for its U.S. sales team.

Orion Debuts 4 New Styles From Cottelli Lingerie

Orion Wholesale has introduced four new styles from its Cottelli Lingerie line.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

Show More