Date: Thu, 29 May 1997 08:26:01 -0700 From: Eros Publishing Subject: Press Release For Immediate Release Release date: May 28, 1997 Contact info: Spencer Bergstedt, Esq. 206/783-5339 1122 E. Pike #1070 Seattle WA 98122 NLA:INTERNATIONAL LAW INFORMATION PROJECT HAS GATHERED A GREAT DEAL OF INFORMATION; MORE NEEDED The NLA:International Law Information Project (LIP) has been steadily gathering more and more legal information regarding SM play and its legal consequences. Stories, articles, copies of cases and of newclippings have been coming in every week. So far, LIP has gathered over 30 pieces of information. Law review articles from around the world, copies of cases, and more comprise the database now available to community members and attorney's. A list of current publications is attached. But more is still needed. We still need you to help us create a tremendous database. As you likely know, too often we hear annecdotal tales of members of our community facing legal problems related to their participation in S/M without getting actual details of what happened, or we have someone tell us that "X is illegal". The Law Information Project (LIP) is designed to eliminate that from happening anymore by compiling real data about such cases, statutes and ordinances. It is our hope that such data will serve as a resource to attorney's and members of our community who may face legal problems in the future, such as the Houghtons, the Spanner case, and the current Bawdy House case in Canada. If you know of a case in which someone engaging in consensual S/M was: charged with, convicted of or acquitted of a crime such as assault; lost his/her children during a custody dispute, divorce or state agency action; etc., or cases of Professional Dominants arrested for prostitution, etc., please send us as many details as you can. Name(s) of the party(s) Approximate date of the court case Location of the case (State, county, city) A brief description of what happened Case number if you have it We'd also like to hear about laws in your state, county or city which relate to S/M activity - E.g., wearing of uniforms, carrying handcuffs, knifes, nudity in public and in bars, flagellation in bars, selling play piercing needles, etc... Please send: Who decreed the law? (State, county, city or administrative body) Where is the law? (State, county, city) Please enclose a copy of the law or administrative code if you can. Send your information to: Spencer Bergstedt Attorney at Law 1122 E. Pike #1070 Seattle WA 98122 or e-mail to: MstrSpence@aol.com INFORMATION THE LIP CURRENTLY MAINTAINS CASES Morris v Miller, 83 Neb. 218, 119 NW 458 (1909) Comm v. Shrodes, 354 Pa. 70, 46 A. 2nd 483 (1946) People ex rel Burke v. Steinberg, 73 NYS 2nd 475 (1947) Taylor v. State, 133 A. 2nd 414 (1957) People v. Samuels, 250 Cal.App.2nd 501, 58 Cal.Rptr. 439 (1967) State v. Fransua, 85 N.M. 173, 510 P.2nd 106 (1973) State v. Brown, 364 A.2nd 27 (1976) Balthazar v. Superior Court, 573 F.2nd 689 (1978) Archer v Burton, 91 Mich.App 57, 282 NW 2nd (1979) Comm v. Appleby, 402 Ne 2nd 1051 (1980) Lyons v. State, 437 So.2nd 711 (1983) State v Collier, 372 NW 2nd 303 (1985) St. v. Richards, 365 NW 2nd 7 (1985) Jaske v. State, 539 NE 2nd 14 (1989) Ramey v. State, 417 SE 2nd 599 (1992) R. v. Welch, Ontario Canada, (C18328) (1995) People v. Ga A., Criminal Court, Kings County, NY CODES AND STATUTES Overview of Rape and sexual compulsion laws and sodomy in 50 states, Woody Bebout, 1991 FEDERAL Uniform Code of Military Justice TEXAS Texas Penal Code: sec. 1.07 Definitions sec. 19.01 Homicide sec. 19.05 Involuntary manslaughter 19.07 Negligent Homicide 20.01 False Imprisonment and Kidnap 22.01 Assault Consent is a defense 42.01 Disorderly conduct 43.01 Obscenity No SM Porn; No sale of dildos 46.01 Weapons 12.01 Punishments NEW JERSEY Criminal Code, Chapter 34 Sec. 2C:34-1, Prostitution and related offenses Defines sexual activity as including but not limited to: sexual intercourse, including genital-genital, oral-genital, anal-gential, anal-oral; masturbation; touching of genitals, buttocks or female-breasts; sadistic or masochistic abuse or other deviate sexual relations NEW YORK People v. Ga A., Criminal Court, Kings County, NY, Penal Law Sec. 230.00, Dominance does not equal prostitution; SM is not sexual conduct Houghton case, numerous articles. Issues: Endangering minors, Child custody, criminal prosecution for endangering children of couple who had private Videotape of themselves engaging in SM. Penalty: Much reduced for both parents No damages unless damages to victim can be shown. WASHINGTON Revised Code of Washington RCWA 9A - Criminal Code of Washington Washington Administrative Code, WAC, Liquor Control board CANADA Little Sisters Obscenity Case R. v. Welch, Ontario Canada, (C18328) 1995 Consent is not a defense for assault causing bodily harm. Consent is not a defense in an SM context in a case of bodily harm. Bawdy House case, Terri Bedford, Bondage Bungalow Dominatrix Numerous articles. ENGLAND Spanner decision ARTICLES/LAW REVIEW NLA:I Statment on Domestic Violence Conflicting Visions: SM, Feminism and the Law, Terry Hoople, Canadian Journal of Law & Society, Spring 1996, 11. #1, p. 177-220 Sado-masochism & Consent, Nicholas Bramforth, Criminal Law Review (UK), Sep. 1994 p 661-66 Rough Sex Defense, George E. Buzash, Journal of Criminal Law & Criminology, Summer 1989 80 n. 2 p 557-584 Law Quarterly Review, Vol. 109, Oct. 1993, p. 540 National Law Journal, "R. V. Brown", 2/28/92 National Law Journal, 3/27/92 Comments & Notes on R. V. Brown in the House of Commons, Northern Ireland Legal Quarterly, Winter 1993, Vol. 44, No. 4, pg. 380 Articles on the "Sir" case in NYC DSM IV, 529-530 Michigan, liquor laws, anecdotal story re: closing of The Rack at The Reptile Club Sandmutopian Guardian, Issue #18 Anecdotal, Sex Abuse via the Internet, NYC