Kentucky Judge Declares Porn Clips 'More Distracting' Than Other Visual Content

Kentucky Judge Declares Porn Clips 'More Distracting' Than Other Visual Content

LOUISVILLE, Ky. — The legal status of porn videos as a specific kind of content has unexpectedly emerged as a side issue during a Kentucky murder trial currently underway, with a judge declaring adult content to be more distracting than "a typical movie.”

On Christmas Eve 2018, Roger Burdette hit a police car with his MSD tanker truck, causing a crash and explosion that killed LMPD Detective Deidre Mengedoht in downtown Louisville.

“Prosecutors claim Burdette was watching pornography on his cell phone moments before the crash, and that he had drugs in his system that impaired his motor skills,” local station WDRB reported.

Burdette failed a field sobriety test and initially said that he had taken “non-narcotic prescription drugs.” Prosecutors charged him with murder and DUI.

Yesterday, Burdette's defense asked Judge McKay Chauvin to “prohibit prosecutors from telling jurors that Burdette was watching pornography when the wreck occurred, arguing that there is a ‘social stigma’ associated with porn and the type of video Burdette was watching is unimportant,” WDRB reported.

"It doesn't matter what type of video is being played," Burdette’s attorney argued. "What matters is [the] distraction."

The prosecutors, however, countered with the allegation that Burdette “specifically was looking for a certain porn video that he had watched before, and was not listening to dialogue, meaning he was more distracted,” according to WDRB.

The judge agreed, ruling pornography is “a visual medium” and would be “a greater distraction than a typical movie.”

The judge did not clarify what this assessment might be based on, or how "pornography" would be defined as distinct from other forms of visual content or sexual expression.

Burdette’s trial continues this week.

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

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

Show More