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 © 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

Male Power Debuts 'Mesh 2.0' Collection

Male Power has introduced its new Mesh 2.0 collection of men's underwear.

CalExotics Debuts 'Summer Lovin'' Collection From 'California Dreaming' Line

CalExotics has introduced its Summer Lovin’ vibrator collection from its California Dreaming line.

Full Circle Debuts 'Big Juicy Booty' Collection From 'Savage Me' Line

Full Circle has introduced its Big Juicy Booty torso collection from its Savage Me line.

Orion Introduces 2 New Styles From Cottelli Lingerie

Orion Wholesale has debuted two new styles from its Cottelli Lingerie line.

Orion Expands 'Rebel' Line

Orion Wholesale introduced two new pleasure products from its Rebel collection.

Orion Debuts 2 Rabbit Vibes From Sweet Smile Line

Orion Wholesale has introduced two new rabbit vibrators from its Sweet Smile line.

Odin Debuts 'Naughty Fan' Collection

Odin Novelties has introduced its Naughty Fan collection.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Adam & Eve Reveals Results of 'Sexual Discussion' Survey

Adam & Eve has released the results of a survey asking respondents how comfortable they were discussing sex.

Odin Expands 'Kong Benderz' Dildo Collection

Odin Novelties has expanded its Kong Benderz collection with the addition of a new dildo.

Show More