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 © 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

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Show More