Porn Writer Off The Hook

COLUMBUS, Ohio – A man who fictionalized the torture and molestation of children was dismissed of child pornography charges this week after a judge decided that he was being held to the same legal standards that would typically be used in a case involving the abuse of real children.

The writer, Brian Dalton, is the first person in the United States to be arrested for writing about child pornography, as opposed to being involved in the production or distribution of child porn images. The stories were part of a journal that was discovered by his parents.

Dalton's lawyer argued that his client had never attempted to distribute or publish his child porn writings, and that the fact that the journal had been taken from his apartment was an invasion of privacy.

"This is the second court to decide that something was wrong in the first place," Dalton's lawyer stated. "What you write in your private notebook should not be the subject of prosecution."

Dalton was arrested in September for the writings, and according to the Associated Press (AP), he has been under house arrest at his parent's home ever since the indictment. Dalton has been on probation since 2001 when he was discovered in possession of child porn images. He was charged with pandering obscenity and pleaded guilty at the time.

According to the AP, in order for Dalton to fight the charges against his fiction writing, he and his lawyer sought to overturn his earlier guilty plea from three years ago, a request that was granted by the 10th Ohio District Court of Appeals in July 2003 on the basis that Dalton has received poor legal advice at the time of his first arrest.

Dalton's dismissal comes at the same time the Canadian government is grappling with a similar issue of whether to prosecute artists and writers that depict underage children in creative works.

A bill is being passed through the Canadian Parliament that would eliminate the legal defense previously known as "artistic merit" for artists and writers who are accused of producing child porn-related works of art.

"Artistic merit" has been part of the Canadian criminal code for the past 50 years, and according to reports, artists who are charged under Canada's child porn law will only be able to argue that their work serves the "public good" in order to avoid a conviction.

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

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Show More