DAYTON, Ohio — In an online sting not unlike NBC "Dateline's" "Catch a Predator" series, an Ohio Attorney has been indicted on 12 charges of obscenity by a federal grand jury, claiming he transmitted pornographic images in interstate commerce to adults whom he believed were minors between February and April of this year.
Gregory G. Lockhart, United States attorney for the Southern District of Ohio and Keith L. Bennett, special agent in charge, Federal Bureau of Investigation, announced the indictment handed down Tuesday against Marc Norman Greenberg, 32, of Centerville, Ohio and a lawyer in the town of Kettering.
Greenberg allegedly used computers at his home and law office to take part in graphic sexual conversations and also transmit obscene images to respondents he believed were underage females, but were in reality, law enforcement officers conducting undercover investigations.
What is unclear from news reports is whether the images transmitted are alleged to be obscene on their face, or whether, since they were sent to "minors," are alleged to be "obscene as to minors," using the modified version of the Miller obscenity test which many jurisdictions use in defining "material harmful to minors."
According to the Imperial Valley News, he indictment asks to seize all computers, related storage and transmission equipment used to commit the alleged crimes.
Greenberg could face as many as 10 years in prison for each count, with the possibility of a lifetime of supervised release. If convicted he would also have to register as a sexual offender and likely be debarred.He is currently out on bond.
The investigation was a joint effort between the FBI, the U.S.Attorney's office, the Dayton Police Department, the Montgomery County Sheriff's Office and the Kettering Police Department as well as the Naval Criminal Investigative Service, the New York State Police and the FBI's Detroit Division.