Sex Crimes

Published on: January 23, 2013

Two Girls, One Cup Pornographic Filmmaker Ira Isaacs Sentenced to 48 Months in Prison

60 year old pornographic filmmaker Ira Isaacs was sentenced on January 17, 2013 in the Central District of California for the Federal crime of producing and selling obscene videos and distributing obscene videos. Isaacs is known as a “shock porn” director and has routinely made videos depicting bestiality and sexual conduct involving feces. One such video was known as “Two Girls, One Cup” and involved a sexual encounter with two women eating human waste. Isaacs’ criminal defense attorney argued that despite the horrific nature of the videos that they are protected speech under the First Amendment of the United States Constitution. This argument fell on deaf ears when a federal jury convicted Isaacs on April 27, 2012 of a superseding indictment involving several counts. Pursuant to his sentencing Isaacs was ordered by Federal District Court Judge George H. King to serve 48 months in the Federal Bureau of Prisons, be subject to supervised release upon his release from prison for three years and pay a $10,000 fine. Isaacs was tried previously, both ending in mistrials. In 2008 his initial trial ended in mistrial when presiding Judge Alex Kozinski was forced to recuse himself after it was found that he possessed pornographic material on a personal website. Later, during a trial on March 6, 2012 a jury deadlocked at 10-2 resulting in a second mistrial.

As best as I can tell Isaacs was indicted for violations of 18 USC 1465 for Production and Transportation of Obscene Matters for Sale and Distribution, 18 USC 1462(a) for Importation or Transportation of Obscene Matters and lastly 18 USC 2257(f)(4) for failing to keep records of actors and actresses involved in his movies. The applicable language or gist of the statutes of which Isaacs was charged is as follows:

18 USC 1465- Whoever knowingly produces with an intent to distribute into interstate or foreign commerce for the purpose of sale or distribution, any obscene material, would be guilty of 18 USC 1465 and subject to a five year term in the bureau of prisons and a fine.

18 USC 1462(a)- Whoever brings into the US or uses an express company for carriage in interstate or foreign commerce any obscene, lewd or lascivious motion-picture film shall be subject to a five year term in the bureau of prisons and a fine.

18 USC 2257(f)(4)- It is unlawful for one to produce any motion picture as described in the preceding statutes without creating an individual and identifiable record pertaining to each performer in the motion picture. In essence this law is aimed at preventing minors from engaging in such movies.
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Published on: January 9, 2013

Steubenville, Ohio Teens Set to go on Trial for August 2012 Rape of a 16 Year Old Girl

By Mayberry Law Firm

16 year old Steubenville, Ohio students and football players Ma’Lik Richmond and Trent Mays will be tried as juveniles next month for the rape of a 16 year old girl who passed out due to what is thought to be administration of a date rape drug at a house party last August. It is alleged that Richmond and Mays were part of a group of high school boys who gang raped the unwilling victim. This case has taken social media and the Internet by storm partly due to the posting of a video depicting a recent Steubenville High School graduate making jokes about the victim and the interaction of the “Rape Crew” with her as she lay unconscious. Adding to the interest of a Nation is the idea that Steubenville is a town, much like the fictional town of West Canaan, Texas in the movie Varsity Blues, where high school football rules. There is the notion that in Steubenville winning high school football games is such a priority that their own local prosecutors and Judges shouldn’t be trusted to try Richmond and Mays’ case. For these reasons the town of Steubenville is on a quest to debunk these ideas and show that these actions won’t be tolerated. In spite of all the back and forth, justice must be served and that must be done via a fair trial system.

Under Florida law I believe Richmond and Mays, because they are 16, would be charged as adults pursuant to a State Attorney’s discretionary Information under Florida Statute 985.557(1)(b). In charging a juvenile as an adult the State Attorney, upon a conviction, gives the Court jurisdiction to sentence a 16 year old juvenile to an adult sentence. As it stands this opinion runs contrary to the election in Ohio to try them as juveniles. I won’t speculate as to the reasoning behind the Ohio Prosecutor’s decision to leave these young men in the juvenile system. I, like the rest of us, only have access to what I read online and in the newspapers.
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Published on: November 15, 2012

Waffle House CEO Accused of Forcing his Former Personal Assistant to Perform Sexual Acts Upon Him

By Mayberry Law Firm

Waffle House CEO Joe W. Rogers Jr. is accused of forcing his former personal assistant to “perform sexual services” as a part of her employment with him. Rogers is accused of going so far as requiring his former assistant to “masturbate him” as part of her employment. The assistant further alleges that on numerous occasions Rogers attempted to force himself on her and requested oral sex.

Aside from the above referenced acts it is alleged that Rogers’ assistant was forced to often purchase pornography for him and was made to appear naked in front of him. Rogers’ accuser claims the inappropriate conduct began in 2003 and carried through until her resignation on June 29, 2012 upon learning that her son earned a college scholarship. The accuser claims to have remained in her job despite the abuse because she was a single mother and needed the income to support her family.

Not only might Rogers face a significant civil lawsuit, should the Atlanta prosecutor’s office elect to pursue these charges he could face some very embarrassing criminal charges. Because this is a Florida legal blog we will attempt to explain what would happen if Mr. Waffle would have conducted himself in this manner in Florida.

Oddly enough, Rogers would not face a sexual battery charge, as, according to this report, there was no oral, anal, or vaginal penetration of any kind. Without penetration, there is no sexual battery. Rogers would escape any kind of lewd and lascivious battery charges or molestation as again there was no penetration and his alleged victim is over the age of 16. At the end of the day, were this act in Florida, despite his perversion Rogers would likely only face a first degree misdemeanor battery charge and a second degree misdemeanor charge of indecent exposure.
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