[Politech] Comic book with nude Picasso draws criminal charges in Georgia [fs]

From: Declan McCullagh (declan@private)
Date: Tue May 31 2005 - 21:23:30 PDT


-------- Original Message --------
Subject: [Politech] Comic Book Retailer Charged with Distribution of 
Material Depicting Nudity or Sexual Conduct
Date: Tue, 31 May 2005 19:49:36 -0700
From: Charles Behney <charlesaugust@private>
To: declan@private

Picasso in the Nude + distribution to minor = 7 crimes (2 felonies, 5
misdemeanors)

http://www.cbldf.org/pr/archives/000254.shtml

May 23, 2005
CBLDF Takes Action in GA Case

Counsel for the Comic Book Legal Defense Fund have submitted four
motions to dismiss the charges against retailer Gordon Lee, owner of
Legends in Rome, GA. Last February, the Fund initiated Lee’s defense
against charges resulting from accidentally distributing Alternative
Comics #2, a Free Comic Book Day book from 2004, to a minor. The
anthology includes the story “The Salon” by Nick Bertozzi, which
[contains a segment depicting Picasso in the nude. The Fund has already
spent in excess of $20,000 defending this case.

Lee was charged with seven criminal counts for allegedly violating two
laws. He was charged with two counts of violating the felony of
Distribution of Material Depicting Nudity or Sexual Conduct (OCGA
§16-12-81), a law that bans the unsolicited delivery of any content
depicting nudity to any person in the state of Georgia and carries a
penalty of one to three years in prison and/or fines of up to $10,000.
One of the two counts is for handing the comic to the alleged victim,
and the other is for handing the comic to an alleged John or Jane Doe.
Lee is also charged with five counts of violating the misdemeanor of
Distribution of Material Harmful to Minors (OCGA §16-12-103). He is
charged with three discrete counts of violating the law for handing a
single copy of the comic book to the alleged victim. He is also charged
with two counts for allegedly giving the comics to John or Jane Doe. [snip]
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