Books Containing Photos in Question

These books were always kept in a neat and orderly condition as a matter of strict studio policy. In other words, they always looked just like this. Tattoo Artist portfolios on top, Flash books and Piercing Portfolios underneath. Books were moved to behind the counter before the raid due to planned remodeling, not because of any perception of inappropriate content.

same wall later

Note the placement of the counter by the as yet unpainted window (painted in late Dec 07, Jan 08) would allow anyone outside to see the labels on the piercing books which were permanently located on the far right under the counter, closest to the window.

Here are the windows after painting

Signage from prior to January Raid

Here are signs posted on the doors to the studio from the day we moved in, just as they were at our previous location regarding minors being prohibited without parent.

and also inside   the sign over her right shoulder says “you must be born on or before today in 89 to get a tattoo.

I would suggest that our intention regarding minors was quite clear.

Utah State vs. Shandi Child - Porn Charges From Jan 3rd 2008 raid

Here is the summons our staff member Shandi received today stemming from the raid on our ministry Jan. 3rd, 2008 claiming minors looked at genital body piercing photographs which the police and apparently now the attorneys representing Utah County consider Materials Harmful to Minors.

and here is page two

If you want to look up the relevant Utah Law yourself (I will be preparing and posting a summary in the next few days) you can go here and type in the law code # 76-10-1206 and follow the links or go to http://www.utah.gov and search there.

Utah County vs Shandi Child - Utah Code

Here is the law that Shandi is being charged under and other parts of Utah Code that are particularly relevant or are substantially similar in ways that make them relevant to these unfounded charges.

utah-code-76-10-1206-material-harmful-to-a-minor.doc this is the actual law that the charges claim were violated.

Here are other Utah Criminal Codes that are referenced in 76-10-1206 and in codes that are referenced in the references, parts of which directly and others similarly and substantially relate to the charges under 76-10-1206. A full dissection of these relationships will be posted here shortly, until then you are free to read the laws and make your own attributions.

utah-code-76-10-1204-distributing-pornographic-material.doc

utah-code-76-10-1208-affirmative-defenses.doc

utah-code-76-10-1227-indecent-public-displays-definitions.doc

utah-code-76-10-1203-expert-testimony-not-required.doc

utah-code-76-10-1226-exemptions-from-application-of-film-distribution-act.doc

utah-code-distribution-display-76-10-1201-definitions.doc

utah-code-ref-76-10-1230-internet-access-rules-defenitions.doc

utah-code-ref-77-18-1-code-that-was-superceded-by-76-10-1206.doc

utah-code-ref-data-service-providers-76-10-1231.doc

utah-code-remedies-to-injured-parties-76-10-1605.doc

Utah State Constitution and United States - Bill of Rights - pertinant citations

citations-from-the-utah-state-constitution-and-the-bill-of-rights.doc

U.S. Supreme Court - Miller v. California

U.S. Supreme Court

MILLER v. CALIFORNIA, 413 U.S. 15 (1973)

us-supreme-court-miller-v-california-the-test.doc

Pornography Defined by Utah Attorney General - Community Standards

From the website of the Utah Attorney General http://attorneygeneral.utah.gov/pornography/obscenpornlaws.htm#14

Here is an excerpt from the Utah Attorney General’s opinion which mirrors the U.S. Supreme Court decision in Miller v. California.

utah-atty-general-definition-of-pornography-community-standards.doc

Utah Attorney General Website Info - Pornography

If you want to review the Utah Attorney Generals position on pornography and obscene materials go here.

http://attorneygeneral.utah.gov/pornography/obscenpornlaws.htm

Court on Friday - Feb 22, 10 AM

Well, the day is fast approaching that I have to go to court.

I really expected the charge to be dropped before this but I guess the people I am dealing with are just that ignorant…or…they think that I am.

They are used to bullying people into just paying the fine and not sticking up for themselves and since they live a religion that is based on guilt and fear, I suppose that tactic generally works great.

We will see if they just shoot me in court for not being a willing victim.

Anyway, for anyone who wants to come, it is Friday, Feb 22 at 10 AM in American Fork, Utah.

The address is 75 East 80 North, Courtroom #1 with Judge Maetani.

Since this summons says it is to “answer the charge” I suspect I will be asked to plead guilty or not guilty only and then a court date will be set - and bond???

Well, bond might be an issue, but we’ll just have to see what happens.

They get to act like pricks if they want to and that is what the court is used to.

I don’t know anything about the judge and have never met the DA, so I guess I’ll find out.

I am supposing it will be a very short experience there but if a batch of folks wanted to come and show support it might be a good thing anyway.

According to the American Fork Police standard…

This would be pornography.

Yeah, I think she’s pretty hot too!

The law states that an area of breast exposed below one inch above the aureole (or one would assume where an aureole is presumed to be) is obscene.

This picture, to most of America falls under the description of “ART” and is therefore exempt from consideration, but in American Fork, ART is not considered exempt and a stack of art at least 15 inches deep was taken in the raid on our studio, most of which had no nudity of any kind, and with the exception of two body piercing photo portfolios one exclusively containing clinical genital piercing photos and the other containing two such photos (and 4 tattoo artist portfolios containing no nudity at all) were all drawings, the vast majority containing no nudity at all.

Never mind that the LAW has several elements that all must be satisfied for something to be considered obscene, the American Fork Police can’t read that many words in a single day or they get a headache (I guess).  They just go for the single word descriptions eg. buttocks, breast (yup, got one of those) etc., penis (non-turgid - they’ll have to meditate on that one for quite a while I bet).

Oh, now I’m just being mean I guess.  I shouldn’t pick on the AF Police just because they are ignorant, facist, anti-American bigots.  (did I include stupid idiots) - well, I shouldn’t say that either, so please ignore all my un-niceness, okay?

Lt. Falslev, and apparently Chief Call also, consider male nipples to be essentially pornographic also, regardless of how they are presented, which I guess makes God the Chief Pornographer of them all since He is all nipple crazy and put nipples on everything!

Crap, my dog has 6 or 8 nipples - I don’t really look at them so I guess I would have to defer to the AF Police porno nipple expert on how many dogs actually have.

That God!

Why does He have to be so all about sex and nipples and stuff anyway?

Why didn’t He tell us that He is the most evil, nipple making pornographer of them all?

So be careful when you are mowing your lawn or going swimming, taking a bath or changing your clothes -  as the AF Police are “On The Job” and you likely will get arrested for display of pornography.

The Morality Police rule - God love em’!  (as long as they can’t catch Him, of course)