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

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Better Life Science Launches 'Affiliate and Influencer' Initiative

CLIA-certified laboratory network Better Life Science has launched its affiliate and influencer program.

Nasstoys Names Meghan Beck Vice President of Sales and Operations

Nasstoys has appointed Meghan Beck as its new vice president of sales and operations.

Hankey's Toys Debuts Krave Melanin Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Krave Melanin.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Uncover Creations Launches Product Design Competition

U.K. pleasure brand Uncover Creations has launched its second Design a Grinder product design competition.

Hot Octopuss Debuts 'Jett Turbo' Male Stimulator

Pleasure brand Hot Octopuss has introduced its new Jett Turbo male frenulum stimulator.

Fleshlight, Hentaied Team Up to Launch Product Line

Fleshlight and Hentaied have partnered to launch the new Fleshlight x Hentaied collection.

Show More