Court reinstates 'animal crush videos' charges

Ashley Nicole Richards was among the first to be prosecuted under the federal Animal Crush Video Prohibition Act. Ashley Nicole Richards was among the first to be prosecuted under the federal Animal Crush Video Prohibition Act. Photo: Houston Police Department Photo: Houston Police Department Image 1 of / 3 Caption Close Court reinstates 'animal crush videos' charges 1 / 3 Back to Gallery

A federal appeals court on Friday upheld a law banning "animal crush videos," reversing a district judge's ruling that involved a Houston couple who filmed the torture and maiming of animals for the sexual gratification of others.

With the decision, the 5th Circuit Court of Appeals reinstated federal criminal charges against Ashley Nicole Richards and Brent Justice.

Richards, 23, and Justice, 52, were the first to be prosecuted under the federal Animal Crush Video Prohibition Act of 2010, passed by Congress and signed by President Obama.

The videos were designed to satisfy the sexual urges of people who buy and watch them. The scantily clad Richards can be seen stabbing and chopping off the limbs of animals and urinating on them while making obscene comments to the camera. In one of the videos also seized by authorities, Richards punctured a cat's eye with a shoe heel.

The ruling reverses a decision by U.S. District Judge Sim Lake, who said the videotapes were a protected form of free speech. He dismissed the five charges against Richards and Justice, concluding the measure was too broad.

Federal prosecutors disagreed and filed an appeal.

On Friday, the appeals court noted the First Amendment does allow limited restrictions on some speech, including obscenity. But, the federal measure passes constitutional muster because it is not focused on the content of the material but the "secondary effects" of the videos.

"The other element that occurs in animal crush videos and which warrants a higher punishment than simple obscenity is that it involved the intentional torture or pain to a living animal. Congress finds this combination deplorable and worthy of special punishment," Judge Stephen Higginson wrote for the three-judge panel.

Friday's decision deals only with the federal charges. In May, Richards was sentenced to 10 years in prison after pleading guilty in state court to three counts of animal cruelty. Justice also is charged with animal cruelty and remains in the Harris County Jail in lieu of $50,000 bail.