Prosecutor attacks Flynts on 2 fronts
Wednesday, April 8, 1998
Larry Flynt and his brother, Jimmy, are charged with breaking four Ohio laws, including two that are obscenity crimes. The other two deal with corruption.
The charges and their maximum penalties:
Disseminating material harmful to juveniles. Applies when adult material -- such as a pornographic video or magazine -- is sold or given to a minor. The charge is a first-degree misdemeanor unless the video is deemed obscene. If it is obscene, as prosecutors argue in this case, the charge becomes a fifth-degree felony, with a maximum penalty of one year in prison. If the juvenile used fake identification to make the purchase, the defendant could be acquitted. The Flynts each are charged with three counts.
Pandering obscenity. To be convicted of this charge, a fifth-degree felony, a judge or jury must find the videos -- any or all of the 16 -- appeal to the prurient interest; depict sex in a patently offensive way; and have no redeeming scientific, literary, artistic or political value. The maximum penalty is one year in prison. The Flynts each are facing nine counts of pandering obscenity.
Engaging in a pattern of corrupt activity. This charge, most commonly used in cases of organized crime, applies when a business or person makes money unlawfully. In this case, prosecutors say the Flynts broke the law when they generated revenue through the sale of obscene -- and thus illegal -- videos. It is a second-degree felony that carries a maximum penalty of eight years in prison. One charge each was filed against the Flynts.
Conspiracy. This charge accuses the Flynts of conspiring to engage in corrupt activity by selling obscene videos. It is a third-degree felony punishable by up to five years in prison. The Flynts each are facing two counts of conspiracy.
- Kristen DelGuzzi
Associated Press coverage
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