From the same ethically challenged nutters who want to tour the world stomping on baddies of the month.
From The Wichita Eagle
Jeffrey Klazura won't go to prison for downloading two pictures of adult women posing nude. But he will spend the next two years with Uncle Sam looking over his shoulder anytime he surfs the Internet. Another wrong click of the mouse could send
him to prison.
Klazura was charged with obscenity, which the law says is whatever the people of Kansas say it is. A Section of the U.S. Sharia is titled Importation or transportation of obscene matters. It outlaws receiving through the mail or over the
Internet any obscene, lewd, lascivious or filthy material including books, letters, pamphlets, pictures, video, or sound recording.
If they wanted to apply that charge to a certain photo from Playboy, Penthouse or Hustler, it would be up to a jury to decide if that photo was obscene, said Dan Monnat, Klazura's lawyer.
The nation's highest court defined obscenity as whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest. "Prurient" means lustful,
Prosecutors in the U.S. attorney's office in Kansas saw Klazura's pictures and called them obscene. But after successfully striking a plea bargain, the government never had to present its evidence in court.
Klazura kept the two pictures of nude women on his home computer. But the government wouldn't have found them had they not arrested him for pictures he said he didn't want, according to court documents filed by the U.S. Postal Service.
A Wichita postal inspector, posing as a mail carrier, delivered a package to Klazura containing pictures of young-looking females. Klazura had asked a Yahoo photo service to convert the pictures from electronic form to photo prints.
When Yahoo notified Klazura by e-mail that the pictures could be illegal, he immediately canceled his order, court records show. The postal inspector got permission to go ahead and deliver Klazura's canceled order, leading to his arrest.
Because of the young-looking females in some of the photographs, the St. Thomas Aquinas Elementary School teacher suddenly found himself facing a child pornography indictment. The government later dropped those charges, after seizing and
searching his home computer.
After Monnat accused the government of trapping Klazura into a criminal action, the U.S. attorney offered a plea for the lesser obscenity charges.
The U.S. attorney's office also wouldn't comment on the number of similar stitch ups it has prosecuted.
During his sentencing, Klazura's voice shook as he offered his apologies to his former students, to family and friends for the "shame and embarrassment" he caused them. Before the judge, Klazura asked for forgiveness from God.
(presumably for his ethically obscene prosecutors)
For the next two years, Klazura will have to keep the government informed of his whereabouts in cyberspace. He has to provide passwords. Federal probation officers can check his computer at any time. They can attach software to let them watch
his online activity. And he will always have a record as a convicted felon.