Home > News > S.C. Won’t File Charges in Nude Image Probe • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

S.C. Won’t File Charges in Nude Image Probe

State’s attorney general said that pictures sent from state-owned computers do not meet state’s definition of legally obscene.
S.C. Won’t File Charges in Nude Image Probe
Get XBIZ News
Dec 22, 2007 8:00 AM PST    Text size: 
COLUMBIA, S.C. — State Attorney General Henry McMaster announced that his office will not file charges against two officials from the Department of Corrections who used state computers to view and send nude pictures.

McMaster said that while the pictures probably would be considered offensive by some people, they do not meet the state’s standard for what is considered legally obscene.

“If these are obscene then everything on the news stands and convenience stores around the state would equally have to be declared obscene,” McMaster said. “The materials were very amateur in their quality, but they do not rise to the level of obscenity under South Carolina law.”

Under state law, the definition of “obscene” is very similar to the Miller test for obscenity under federal law. As it is defined under the S.C. statute, material is deemed to be obscene only if an “average person applying contemporary community standards” would find that the material “depicts or describes in a patently offensive way sexual conduct,” and that the “material taken as a whole appeals to the prurient interest in sex … lacks serious literary, artistic, political, or scientific value and the material as used is not otherwise protected or privileged,” under the U.S. or S.C. constitutions.

McMaster’s investigation began in May, after he received a letter from state Sen. Mike Fair asking McMaster’s office to investigate allegations that pornography was being viewed and exchanged by DOC officials.

Investigators examined six computers, including two hard drives that had been completely erased. Technicians managed to recover the erased data, and discovered that most of the data had been mundane office documents, with the occasional nude image interspersed in the mix of files.

Only two DOC officials were found to have actually emailed images to other people within the department, according to McMasters. Some of those that received the images showed them to other people in the office, but McMaster said his office has heard no allegations that any individuals were forced to view the images, or that images were sent to people who did not want to see them.

DOC director John Ozmint said his department hoped to put “this unfortunate chapter in the past.”

“The attorney general’s decision upholds what we knew from the beginning — that this was a misuse of government property that deserved internal discipline, not criminal charges,” Ozmint said. “Long before this decision was rendered, the [DOC] took steps to discipline those involved.”

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

EDUCATIONAL FEATURES

Understanding 'Camming Sociology' Can Enhance Interactions

After working for six years in the live cam industry as a cam model and almost double the amount of time studying — while working simultaneously — how relationships work in cyberspace, I am... More »

Proper Fisting Techniques for Gentle Stimulation

Does the phrase “anal fisting” make your sphincter clench in terror? Does it seem like an urban legend or an extreme party trick? Most people scoff at the idea of trying it because it sounds... More »

Camming Games, Contests Keep Customers Engaged

Last issue, I talked about the importance of changing up the ambience in a cam model room via new décor and small visual tweaks, to keep viewers engaged long-term. This time, I’d like to discuss... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!