March 3rd, 2006 was the worst day of my life. I was arrested for a sexually-based offense. It’s a day I’ll never forget, and always regret. In this brief video I discuss my crime along with case law (Dost Test, Miller Test) that defines child pornography. I also answer these questions:
- Does nudity need to exist to meet the definition of child pornography?
- 2. If I illustrate (paint, sketch, etc) an underage, fictional character in a sexual situation, can I get arrested?
I get some people emailing me from time to time asking what did I do to get on the sex offender registry? Well, I want to talk about my story today. I do mention it a little bit on my blog, on my website, theoutspokenoffender.com. But I want to get more involved here with this video because I don’t want the same mistake to happen to you or your loved one.
Believe it or not it’s easy to be placed on that registry. My story is something like this. I got involved in the child and teen non-nude modeling websites that were very popular from about 2002 to 2008. And unfortunately I got involved with that. I knew what I was doing was morally wrong. I would be…I was very upset about what I was doing. But the money was pouring in. Like you wouldn’t believe, unfortunately, I got hooked on that. It’s kind of like drug dealing. You get so involved in the lifestyle that it’s hard to get out of it. But I did it for about two years. The reason why my story is a little unique, the way I was arrested and everything, and what I was charged with the content that people would go on and pay for on these websites, they contained no nudity of any kind.
Now. I have to admit, of course the photos, the way they were posed, the outfits were sexually suggestive, but I didn’t know the law and I didn’t understand that I could be arrested and charged with a federal crime of child pornography. The photos were non-nude so I thought it had to be some kind of sexual act of some kind, but that is not the case.That’s not true at all.
So my charge was possession and receipt of child pornography (sexual exploitation of a minor). But not-nude in nature, which is a little strange, but I’ll explain it. In my case, the federal judge had to look at what’s called the Dost Test and you can see it on your screen. So the Dost Test is a six factor guideline, which was established in 1986 in the United States district court case United States versus Dost.
So the judge in my case had to look at the content. I had a bench trial by the way. And she said, well, she looked through these points here and decided. The first one is whether the focal point of the visual depiction is on the child’s genitals or pubic area. Whether the setting of the visual depiction is sexually suggestive. Meaning if the underage, the minor, was posing, on a bed or something like that. Whether the child is depicted in an unnatural pose or inappropriate attire considering the age of the child, and then the other one would be whether the child is fully or partially clothed or nude. And then the rest you can see on the screen there.
Here’s another test called the Miller Test, which was developed in 1973, Miller versus California.
It has three parts. Now whether the average person applying contemporary community standards would find that the work taken as a whole appeals to the prurient interest, or whether the work depicts or describes in an offensive way, sexual conduct specifically defined by applicable state law. And then whether the work taken as a whole lacks serious literary, artistic, political, or scientific value.
As a very naive person. I wasn’t aware of this. I wasn’t involved in legal cases and things like that before I was arrested. So it was, it was an eye opener and I don’t want the same thing to happen to you or your loved one. In fact, there have been cases in the United States and other countries where somebody has been convicted of an illustration, a drawing of a minor in the sexually explicit position or whatever. That could be an obscenity charge is what they call it. But it’s just kind of a warning. If you’re watching this just stay away from it. And I unfortunately made the mistake of not opening my eyes and saying to myself, this is wrong. I mean, I knew it was wrong, but again, I didn’t think I was going to get arrested for it. And I struggled with that for a couple of years until the FBI came to my house and arrested me. So it was definitely an eye-opener.
I regret this decision every day of my life. It’s been a tough road, but I’m encouraging you if you are affected by something similar to move forward and to live your life as normal as possible.
And that’s what I try to do every day. That’s the advice I give myself.
All right. Well, have a great day and I appreciate you watching this video. Please share. Please join the channel, the YouTube channel, and I’ll talk to you soon!