Demon Beast Invasion: The Fallen
(Redirected from Texas, adult comic books violate obscenity laws)
Date: 2000
Region: North America
Subject: Explicit Sexuality
Medium: Literature
Artist: Jesus Castillo, Kieth Comics
Confronting Bodies: Texas state prosecutor
Date of Action: 2000
Location: Dallas, Texas
Description of Artwork: Adult comic books, specifically Demon Beast Invasion: The Fallen, issue #3, a Japanese series of six adult, horror, comic books.
The Incident: The Texas state prosecutor charged Castillo with two counts of obscenity for selling adult comic books in the adult section of his comic book store. The prosecutor argued, "I don't care what type of evidence or what type of testimony is out there...comic books, traditionally what we think of, are for kids." With this statement, prosecutor persuaded the jury to find Castillo guilty, sentencing him to 180 days in prison, a $4,000 fine and one year of probation.
Results of Incident: The Texas State Appeals Court upheld the conviction and the U.S. Supreme Court denied Castillo’s petition for writ of certiorari. Castillo's prison term was suspended. He did, however, pay the $4,000 and served one year of unsupervised probation. The Comic Book League Defense Fund (CBLDF) fears that the Castillo case will set a precendent that could stifle adult comic book artists and endanger their First Amendment rights.
Source: Busted, Fall 2003; CBLDF Case Files: http://cbldf.org/about-us/case-files/castillo/
