Although Hardcore often depicts his actresses as young and sometimes beneath the age of consent, they are not actually under 18. In his film Max Extreme 4, an actress over the age of 18 was portraying a character who states that she is 12 years old.[1]
Based on these movies, the city of Los Angeles in 1998 charged him with child pornography and distribution of obscenity. The fact that the actress was over the age of 18 was not disputed; they brought charges based solely on the fact that the actress was portraying a character who was under eighteen years of age.
Just before the case was brought to trial in 2002, the U.S. Supreme Court ruled that the statute prohibiting adults from portraying children in films and books was unconstitutional (See Ashcroft v. Free Speech Coalition). Based on this ruling, the child pornography charges against Hardcore were dismissed. The misdemeanor charge of distribution of obscenity was retained, but the jury failed to reach a verdict. An additional obscenity charge was subsequently levied against him by L.A., again resulting in a hung jury. Hardcore commented that "it was a frivolous waste of public resources."[1]
On October 5, 2005, the offices of Max World Entertainment were raided by the FBI. Five video titles and the office's computer servers were seized, ostensibly for research toward a federal obscenity indictment or a charge related to the 2257 record-keeping law. In response to this action, Hardcore released the following statement: "Once again, the government is wasting tax dollars and otherwise invaluable law enforcement resources to try to force a minority view of morality on all of America. Five of my movies have been targeted by the Federal Prude Patrol. There is no indication of any crime to be alleged except obscenity. If indicted, I will fight to protect my liberty, as well as the liberty of consenting adults to watch other adults engage in lawful, consensual, pleasurable sexual action. Shame on the Bush Department of Justice. I am proud of the movies I make and proud of those who buy and sell those movies."[2]
In 2007 Max Hardcore was indicted by the Department of Justice on 10 counts of federal obscenity charges in Tampa, Florida[3][4] and was found guilty on all charges in June 2008.[5]
never the less, someone is going to rant on about the government can't infringe my 1st amendment rights man. Yes and Yes and Yes they can.
It feeds the pedophiles and then it leads them to acting.
Are any of you willing to monitor these child porn "portrayers" to make sure they don't use minors? Are you going to monitor to make sure the women aren't being raped? Didn't get sold into this line of work?
....how do you know no crime is being commited?
They have people on the sets for movies to make sure the fracking cat in the movie doesn't get harmed.
So why stop there?
You can also provide me or us with anecdotal examples of what child porn does or does not lead to. But I can tell you that I have 10 years experience with treating pedophiles.
