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

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.”

Copyright © 2024 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

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More