Kansas Jury Rules in ‘Sexting’ Statue Obscenity Case

OVERLAND PARK, Kan. — The latest obscenity case to hit the law books may come as a surprise to observers in more liberal communities, because it was aimed at a statue, rather than at sexual content.

A grand jury in Johnson County, Kansas, ruled that “Accept or Reject,” a statue depicting a partially clothed young woman engaged in self-photography, is indeed “not obscene” — despite objections made by the American Family Association, which presented an 8,000-signature petition demanding removal of the statue from the Overland Park Arboretum, where it resides along a wooded walking trail.

The artwork is suggestive of “sexting” — the practice of sending sexually suggestive self-images via mobile device to a limited audience, such as when young lovers exchange candid photos shot with their Smartphones.

The grand jury “sat for one day and viewed the photographs of the statue [then] reviewed the Kansas law and found that the sculpture in question did not meet the legal definition of obscenity,” it stated in its report to the Johnson County District Attorney’s office.

Overland Park officials are reportedly pleased with the decision, but adult entertainment industry attorney JD Obenberger (www.xxxlaw.net) expressed dismay over the proceedings.

Posting his comments on the website of the local NBC affiliate station that covered the case, KSHB.com, Obenberger called the statue a “highly stylized work that suggests vanity and narcissism, self-adulation and self-worship — which is after all the root of all of the problems that’s plagued humanity from the start,” and as a result, possesses serious artistic value.

The noted attorney explained that the absence of “serious value” is one of three factors that prosecutors must prove to render any work obscene.

“No matter how prurient the appeal of the work, no matter how shockingly and patently the work offends contemporary community norms of what is permissible or accepted, if it possesses serious artistic value, it cannot be obscene,” Obenberger states. “Why? Because our Patriot forefathers correctly came to the judgment that all of society itself would become the victim if any expression that adds to the debate about the basic questions about humanity could be outlawed, criminalized, and taken out of society’s view.”

“That's a distinctively American value, what we invented, and what sets us apart from the rest of the world,” Obenberger added. “Remember, it was a Statue of Liberty out immigrant ancestors looked up to when they arrived in New York harbor, not a Statue of Decency.”

Obenberger offers an online obscenity law guide at https://www.xxxlaw.com/obscenity/index.html.

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

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Pineapple Support Names Ny Ny Lew as Brand Ambassador

Pineapple Support has named Ny Ny Lew as its newest brand ambassador.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

Show More