Thoughts Over The Morning’s Coffee: Porn Wants to Toss 2257 Under The Bus But It Forgets Bieyanka Moore

Nina Hartley, all kinds of people from the porn clan, were in Philadelphia this week testifying as plaintiffs in the Free Speech Coalition vs. Eric Holder trial at the James A. Byrne Federal Courthouse.

The case involves the federal record-keeping law 18 U.S.C. § 2257, which the plaintiffs allege places an unfair hardship on companies or individuals presenting any sort of erotic depictions.

During her testimony, Hartley said that 2257 is unfair to adult entertainment companies because it singles them out for burdensome regulations that are difficult to comply with.

“My biggest problem with 2257 is that it particularly puts sexual speech in a separate category from other speech. It assumes we are criminal before the fact…. 2257 says I have to declare before the fact that I’m not a criminal. I’m being singled out because of my profession.”

I guess everyone in the porn world forgets Bieyanka Moore. Let me familiarize you, if you’re coming late into the game on this.

Moore, who was 15 at the time, shot a movie several years ago called Cum Fiesta for the Miami-based Reality Kings. It wound up on the Internet and Moore’s mother sued. Reality Kings has since taken the movie down and from that moment tried to distance itself as much as possible from the events. The Miami New Times had a field day with the story.

Reporter Gus Garcia-Roberts wrote something like 11 stories about the case. Then, suddenly, nothing. Zit. Nada. Which makes me wonder what happened.

At the height of the story, Moore’s movie was being made available via Moniker Privacy Services through at least five different adult websites. Moniker, a whois proxy service, is a registrant of domain names and is a subsidiary of Oversee.net, one of the largest Internet real estate holders in the world.

It wasn’t the first time Moniker’s name had been dragged into an underaged porn case.

A Jane Doe who claimed she was raped, brought a federal lawsuit, similar to Moore’s, against Moniker. Included as defendants were ExposedExGFS.com and KinkyGFS.com for allegedly republishing child porn images that were poached from an online message board.

The Jane Doe suit also targeted SickBucks.com, which operates KinkyGFS.com, and processor Jettis and its 365Billing.com unit, as well as NetBilling, calling the companies “revenue program defendants” . Also named were Moniker Privacy Services and Whois Privacy Protection.

In the suit, Jane Doe, who was 15 at the time of the incident, claimed she was photographed in numerous sexual poses, and further claimed the commercial adult websites republished the photos after they were widely trafficked on online message board 4chan.org.

Do you see where I’m going with this? Underaged porn is a much bigger problem than you realize. You’re just not being made aware of it.

In that Jane Doe case, an 18 year-old named Nathaniel Fry was allegedly involved in shooting the sexually explicit photos and was also included as a defendant in the suit.

According to the suit, Doe met Fry on MySpace.com and communicated through AOL Instant Messenger with him. She later traveled from her home in Seminole County, Fla., to his home to Sacramento, where the alleged photos were shot.

Fry took the photos of Doe performing oral sex on him. Prior to the sex act, Fry wrote the date “4/1/07” on his hand, which was later seen in the photographs.

Later, Doe’s co-workers viewed the photos on numerous websites. They told Doe that they saw her in poses on SeeMyGF.com, which subsequently removed the photographs.

But the photographs made their way to other sites, including the two defendant websites named in the suit. She filed her claim against the defendants in Orlando.

A month later pretty much all of the defendants, including Moniker Privacy Services were dropped from the suit.

For all I know the suit is still active against Fry and ExposedExGFS.

At the height of the Bieyanka Moore case, Reality Kings wasn’t giving in on anything.

Moore was 15-year-old runaway named, Charrida Smalley, who went missing in 2010.

Reality Kings held to the story that Moore filed a valid Nevada learner’s permit and a social security number identifying her as 19-year-old Tyler Chanel Evans. As we saw in the Traci Lords’ case, that argument holds no water once the Feds decide to drain the swimming pool.

Evans, an exotic dancer in Nevada, claimed that Moore/Charrida Smalley stole her ID and copied down her social security number. With those documents Smalley went on a crime spree in Nevada and was arrested for possession of a stolen vehicle and grand larceny.

The existence of the documents were confirmed by the Clark County DA’s office.

Evans met Smalley in early 2010 outside of a convenience store in Las Vegas. Smalley, carrying a duffel bag, fed Evans a story that she was 20 years-old. A few days later, Smalley stole Evans’ expired learner’s permit and copied her social security number.

It was then that Bieyanka ran wild, adopting Evans’s identity, racking up criminal charges.

Evans, the victim of identity theft, had an arrest warrant issued in her name because Smalley had skipped court appearances. The clerk’s notes on the Clark County, Nevada’s criminal docket were updated to state:

“Wrong subject booked on arrest warrant. The individual arrested in this case was not Tyler Evans. The individual was a minor who is being dealt with in the juvenile system. Case dismissed.”

After Charrida Smalley had vandalized a hotel room on April 25, 2010 Evans was cuffed on an open warrant for grand larceny and possession of a stolen vehicle. It was Smalley who had given the cops Evans’ ID when she had first been arrested for the crime.

Thanks to the police report documenting her claim of a stolen ID, Evans says she was able to stay out of jail: “Now I keep the report in my back pocket.”

Smalley used a learner’s permit– which was expired-and Evans’ social security number to obtain a valid learner’s permit, with her photo on it.

This she did through the Nevada Department of Motor Vehicles. Some think Smalley had an accomplice to obtain those documents and that Evans was the person. A spokesperson there said that to renew an expired permit, a written driving test is required but no additional documentation is necessary. Smalley also would have had to forge Evans’s signature.

Mark A. Glassman, the attorney for Sherrita Smalley who filed the lawsuit against RK Metmedia, was of the opinion that Evans was “one of the adults involved” in a loose cabal to get the underage girl into porn.

“This is a lot more complex than [Bieyanka] showing up and getting in a movie,” he said. “A 15-year-old did not orchestrate this.”

Sherrita Smalley’s lawsuit contended that Reality Kings disseminated a video in which the 15-year-old – using the stage name “Bieyanka Moore” – stripped nude, had intercourse, and traded oral sex with a 24-year-old man.

Smalley’s suit also claimed that Reality Kings profited from “sexual battery, statutory rape, [and] child pornography.”

The last report Miami New Times did on the subject was May 12, 2011, so what happened from then on is anyone’s guess.

But, at the time, despite plentiful evidence, RK refused to concede the runaway was the same person shown in the porn. The company’s lawyer, Stuart I. Grossman, said, “The bottom line is RK did everything it could to verify the actress’s age.”

In a motion to dismiss Grossman stated:

“Plaintiffs allegations attempt to paint a picture that Defendants somehow took advantage of or conspired to take advantage of C.S. [Charrida Smalley]. Nothing could be farther from the truth. Defendant has been dragged into this lawsuit because of the misrepresentations C.S. made regarding her age to various state and federal agencies and Defendant.

“Specifically, C.S. procured a valid Nevada driver’s permit with her picture on it which said she was nineteen and identified her as Tyler Chanel Evans. She also fraudulently procured a social security card in the same name and has since been arrested in Nevada for, among other things, possession of a false license.

“But for this criminal activity by C.S., she would never have been able to mislead defendant.”

According to a California birth certificate, Charrida Smalley was born in Los Angeles January 25, 1995, to a 21-year-old single mom. Address records show the family bounced among five residences in the Sacramento area.

In 2002, a photo of 7-year-old Charrida was featured in the Sacramento Bee. After a brief stay in New Mexico, they moved to Henderson, Nevada – just outside Las Vegas – where Charrida’s grandparents lived.

Sometime before 2010, the family moved to Palm Beach Shores. On a late afternoon in January last year, Charrida disappeared with a 14-year-old female high school classmate, according to news reports at the time. The duo was finally recovered in Miami four days later after clubbing in South Beach.

Charrida took off again almost immediately and wound up in Nevada, where she met Evans. Evans says the girl called herself “Bieyanka”, claimed to be 20 years old and on the lam from the mob.

“She was tall – five-foot-ten – and fully developed,” Evans recalled.

Smalley had a pierced navel, a tattoo of small red stars along the left side of her neck, and the full name of her 20-something boyfriend, Teddy, inked on the back of her neck. Smalley also claimed because people were looking for her, that she couldn’t use her real ID to get into clubs.

It was only later, after Smalley took off that Evans said she discovered her learners permit had been stolen.

According to a court filing, Smalley eventually hooked up with John O’Byrne, a New Jersey-based porn talent rep. On July 23, 2010, according to court filings by RK Chief Operating Officer Mauricio Botero, porn director Ashley Billington received an email from O’Byrne advertising the services of a new starlet: “Stage name: Bieyanka.”

O’Byrne claimed her birthday was November 19, 1990 – that of Tyler Evans.

Cum Fiesta was produced by a separate company, LLL Advertising, Inc., a firm owned by Michael D. Imber, better known as “Icey” Mike, the manager of MMA fighter Kimbo Slice. According to attorney Grossman, Imber’s LLL Advertising was going to be added as a defendant in the Smalley lawsuit.

On August 13, 2010 Smalley showed up with O’Byrne at the filming location: a $1.1 million, four-bedroom house at 1500 NW 118th Ave. in Plantation, Florida. The home is owned by 1500 Plantation, LLC, a company registered to Jeffrey Greenberg, who according to state corporation records, is the manager of Reality Kings, LLC.

According to Botero, Smalley and O’Byrne were first turned away from the shoot because she had only the Nevada license to prove her age. They returned later the same day with a social security printout from a Fort Lauderdale government office, and Carissa was allowed to proceed.

Smalley’s partner for the shoot was Fernando Marrero, a bisexual 24-year-old porn performer who uses the stage name “Chris Commando.”

On September 7, 2010 the 33-minute video was released on realitykings.com

The same day the video was uploaded an anonymous tipster called the company’s customer support number to warn that Smalley was underage. The video was pulled “immediately” and RK notified the FBI, the company claimed in court.

The last anyone heard of the case Charrida Smalley was being detained in Nevada, where she was speaking to FBI investigators.

I just outlined a very complex scenario. And the Nina Hartleys of the world can say all they want, but when a porn company or an underaged girl wants to shot XXX they will go to astonishing lengths to do so. Even 2257 is at a loss to keep everything on the up and up.

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