S.C. Won’t File Charges in Nude Image Probe

COLUMBIA, S.C. — State Attorney General Henry McMaster announced that his office will not file charges against two officials from the Department of Corrections who used state computers to view and send nude pictures.

McMaster said that while the pictures probably would be considered offensive by some people, they do not meet the state’s standard for what is considered legally obscene.

“If these are obscene then everything on the news stands and convenience stores around the state would equally have to be declared obscene,” McMaster said. “The materials were very amateur in their quality, but they do not rise to the level of obscenity under South Carolina law.”

Under state law, the definition of “obscene” is very similar to the Miller test for obscenity under federal law. As it is defined under the S.C. statute, material is deemed to be obscene only if an “average person applying contemporary community standards” would find that the material “depicts or describes in a patently offensive way sexual conduct,” and that the “material taken as a whole appeals to the prurient interest in sex … lacks serious literary, artistic, political, or scientific value and the material as used is not otherwise protected or privileged,” under the U.S. or S.C. constitutions.

McMaster’s investigation began in May, after he received a letter from state Sen. Mike Fair asking McMaster’s office to investigate allegations that pornography was being viewed and exchanged by DOC officials.

Investigators examined six computers, including two hard drives that had been completely erased. Technicians managed to recover the erased data, and discovered that most of the data had been mundane office documents, with the occasional nude image interspersed in the mix of files.

Only two DOC officials were found to have actually emailed images to other people within the department, according to McMasters. Some of those that received the images showed them to other people in the office, but McMaster said his office has heard no allegations that any individuals were forced to view the images, or that images were sent to people who did not want to see them.

DOC director John Ozmint said his department hoped to put “this unfortunate chapter in the past.”

“The attorney general’s decision upholds what we knew from the beginning — that this was a misuse of government property that deserved internal discipline, not criminal charges,” Ozmint said. “Long before this decision was rendered, the [DOC] took steps to discipline those involved.”

Copyright © 2024 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

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

LoyalFans Announces Banksie Collaboration With I-15 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly Lindsey Banks) with a billboard on I-15, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company, Multi Media, has reached a settlement with Texas regarding the state’s controversial age verification law, HB 1181.

Show More