ST. GEORGE, UT – Hearings have been rescheduled in the case against Susan Russell, the woman arrested in St. George, UT last month on charges of illegal distribution of pornographic materials and sex toys from her “Earrings and More” jewelry store.Citing police reports, St. George-based newspaper The Spectrum reports that when St. George police officers raided the store last month, they found “many pornographic DVDs, VHS videos, magazines, sex toys, and material” being sold from the store.
Russell was charged with 15 counts of third-degree felony distribution of pornographic material and a hearing was scheduled for early December. That hearing was rescheduled, reportedly due to the length of time the hearing is expected to take.
With each count carrying up to 30 days of jail time, Russell could receive as much as 450 days in, should she be convicted on all counts.
Utah state code defines pornography in terms similar to the “Miller test” for obscenity, stating that “Any material or performance is pornographic if: (a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex; (b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and (c) Taken as a whole it does not have serious literary, artistic, political or scientific value.”
Significantly, the definition also states that “In prosecutions under this part, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.”
Russell’s next hearing will determine if the case goes to trial; at the hearing, the county must show probable cause and that Russell knew she was acting in violation of the law. If the judge concurs with the county, and orders accordingly, the case will then go to a jury trial.
While defense counsel declined comment, Deputy County Attorney Ryan Shaum told The Spectrum that the case could be a tricky one, should it wind up in front of a jury.
“It’s hard to define in terms of what would qualify or not qualify,” as “pornography” Shaum said, adding that the issue largely boils down to the elusive definition of the “contemporary community standard” of the community in question.
“Certainly the standard in Vegas is going to be different from St. George,” Shaum noted.
Shaum said he’s not yet sure whether any of the videos seized from Russell’s store will be entered as evidence, telling The Spectrum “I can’t say exactly what the evidence will be.”
Anti-porn activist Pamela Atkinson, head of the Salt Lake City-based “Utah Coalition against Pornography,” told The Spectrum that pornography was a “a scourge in our society” that is “causing a breakdown in families.”
Atkinson checked off a familiar list of assertions about pornography, including that “lawyers will tell you divorces are caused by porn;” and “a lot of therapists will tell you that sex offenders begin with porn.”
“I know we all value the Constitution and free speech, but this, to me, is free speech that got out of hand,” added Atkinson. “When it’s so easily accessible on the internet and there are kids who come across it quite accidentally, they explore it further.”
The Spectrum also sought the opinion of local ex-porn star Asia Carrera, who offered a defense of pornography in general, but no sympathy for Russell.
Carrera says that in respect to porn’s impact on the community, and St. George’s stance on the sale of pornographic material, she’s “torn on the whole issue”
“Do I have a problem with porn being sold here? No, not per se,” Carrera said. “I have no problem with porn at all. Trust me, they don’t exploit women and watching porn has never been scientifically shown to lead to any increase in crime rates, be it rape, pedophilia, or any other sexual crimes.”
On the other hand, with respect to Russell, “if she was breaking the law, she was breaking the law,” Carrera said. “There’s no way around that.”
Carrera also noted that she “deliberately moved to St. George with my husband so we could raise our kids in a conservative atmosphere, in a low-crime, family-friendly state.”
“I do appreciate that the laws are there, and will make it harder for my kids to get into trouble when they get older,” Carrera said.
Concerning laws banning the sale of sex toys, Carrera was less enthused about the social conservatism of St. George.
“Honestly? I think it’s ridiculous,” Carrera said. “I think the banning of sex toys to be used in the privacy of one’s home is absolutely tyrannical and serves no purpose. A sex toy is an inanimate object, it cannot be used as a weapon. It isn’t going to hurt anyone.”
“I don’t believe the government belongs in people’s bedrooms,” Carrera continued. “The use of a sex toy is a victimless crime. Surely tax dollars could be better spent on crimes that actually bring harm to people.”
Her feelings about the proper role of government notwithstanding, Carrera said she’s happy with St. George the way it is.
“I reiterate that I chose to move out here because conservatism is the general rule,” Carrera said, “and I’m not about to change it.”
