When community corrections officers went to check on Nathaniel Bennett, who was serving an in-home sentence for sexual misconduct with a minor, they found a cellphone with videos of a couple having sex.
The phone also had what was described as “selfies” of Bennett and about 10 pictures of a nude woman.
The contents of the phone violated a court order which barred Bennett from possessing obscene material, prosecutors maintain. Bennett also reportedly failed to make court payments.
Marion County Superior Court Judge Lisa Borges removed Bennett from community corrections. He spent the remainder of his sentence in jail and is now serving three years on probation.
He’s appealing the revocation so that it is not on his permanent record, his public defender Valerie Boots told Supreme Court justices.
Boots argued that the photos and videos were not obscene since they were produced by consenting adults, bringing up a possible long-standing discrepancy in Indiana law.
Justice Geoffrey Slaughter said to Boots, “There’s nothing in the law of obscenity that says consenting adults cannot engage in obscene matter. Or that the photographs of that activity cannot be obscene as a matter of law.”