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

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

Show More