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 © 2025 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

Bodispa Inks Distro Deal With Shunga

Bodispa has signed a distribution deal with Shunga Erotic Art.

EIS Acquires Willie.nl, Willie.be

German wellness group and Satisfyer parent company EIS has acquired Willie.nl and Willie.be.

Orion Expands Cottelli 'Fantasy' Line

Orion Wholesale has added four new lingerie sets to its Cottelli Fantasy collection.

Biird's 'Namii' Highlighted on Bustle

Bustle has featured Biird’s Namii in a roundup about clitoral stimulators.

Blush Expands 'Aria' Collection With 4 New Vibes

Blush has introduced four upgraded versions of vibrators from its Aria collection.

We-Vibe Debuts 'Melt 2' Vibrator, Air Pulse Massager

We-Vibe has introduced its new Melt 2 vibrator/air pulse massager.

Full Circle Expands 'Savage Me' Line of Male Torsos

Full Circle has expanded its line of Savage Me male torsos.

Nalpac, Entrenue Sign Distro Deal With Like A Kitten

Nalpac/Entrenue has inked a deal to distribute Like A Kitten pleasure products.

XBIZ Retreat Reloads Amsterdam Edition, Set for Sept. 2-5

XBIZ Retreat is making its highly anticipated return to Amsterdam, set for Sept. 2–5 at the chic Park Centraal Hotel.

Fantasy Gifts NJ Unveils 'Shave Stix' With Product Launch Event

Sexual wellness retailer Fantasy Gifts NJ introduced its new Shave Stix during a special event at its Lumberton location on April 17.

Show More