IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS



IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

STATE OF KANSAS,

Plaintiff,

VS.

INDICTMENT

Case No.

Spirit Halloween, owned by the Spencer Corporation, a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas,

Defendant.

STATE OF KANSAS, JOHNSON COUNTY, ss:

The Grand Jury charges that:

Spirit Halloween, owned by the Spencer Corporation,

a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas

did the following:

COUNT I -- That on or about the 17th day of September 2007, in the City of Overland Park, County of Johnson, State of Kansas, Spirit Halloween, owned by the Spencer Corporation, a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas, did then and there unlawfully and knowingly, while having custody, control or supervision of a commercial establishment, display material, to-wit: a “Country Lovin” Halloween costume, which was harmful to minors in such a way that minors, as a part of the invited general public, would be exposed to view such material or device, or sell, furnish, present, distribute or disseminate to a minor, or otherwise allow a minor to view, with or without consideration, material, to-wit: a “Country Lovin” Halloween costume, which was harmful to minors, a class B person misdemeanor, in violation of K.S.A. 21-4301c and K.S.A. 21-4502(1)(b). (promoting obscenity harmful to minors)

COUNT II -- Further, that on or about the 17th day of September 2007, in the City of Overland Park, County of Johnson, State of Kansas, Spirit Halloween, owned by the Spencer Corporation, a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas, did then and there unlawfully and knowingly, while having custody, control or supervision of a commercial establishment, display material, to-wit: a “snake charmer” Halloween costume, which was harmful to minors in such a way that minors, as a part of the invited general public, would be exposed to view such material or device, or sell, furnish, present, distribute or disseminate to a minor, or otherwise allow a minor to view, with or without consideration, material, to-wit: a “snake charmer” Halloween costume, which was harmful to minors, a class B person misdemeanor, in violation of K.S.A. 21-4301c and K.S.A. 21-4502(1)(b). (promoting obscenity harmful to minors)

COUNT III -- Further, that on or about the 17th day of September 2007, in the City of Overland Park, County of Johnson, State of Kansas, Spirit Halloween, owned by the Spencer Corporation, a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas, did then and there unlawfully and knowingly, while having custody, control or supervision of a commercial establishment, display material, to-wit: a “wet T-shirt” Halloween costume, which was harmful to minors in such a way that minors, as a part of the invited general public, would be exposed to view such material or device, or sell, furnish, present, distribute or disseminate to a minor, or otherwise allow a minor to view, with or without consideration, material, to-wit: a “wet T-shirt” Halloween costume, which was harmful to minors, a class B person misdemeanor, in violation of K.S.A. 21-4301c and K.S.A. 21-4502(1)(b). (promoting obscenity harmful to minors)

COUNT IV -- Further, that on or about the 17th day of September 2007, in the City of Overland Park, County of Johnson, State of Kansas, Spirit Halloween, owned by the Spencer Corporation, a business located at 6824 W. 119th Street in Overland Park, Johnson County, Kansas, did then and there unlawfully and knowingly, while having custody, control or supervision of a commercial establishment, display material, to-wit: a “Tricky Dick” Halloween costume, which was harmful to minors in such a way that minors, as a part of the invited general public, would be exposed to view such material or device, or sell, furnish, present, distribute or disseminate to a minor, or otherwise allow a minor to view, with or without consideration, material, to-wit: a “Tricky Dick” Halloween costume, which was harmful to minors, a class B person misdemeanor, in violation of K.S.A. 21-4301c and K.S.A. 21-4502(1)(b). (promoting obscenity harmful to minors)

A TRUE BILL.

DATE PRESIDING JUROR, GRAND JURY

Receipt of this Indictment is acknowledged in open court.

________________________________

Judge of the District Court

WITNESSES:

Philip Crosby

Mark Rocklage Erica Rocklage

Officer Kohake Officer Armstrong

Sergeant Ferguson Captain Kolenda

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