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AUSTIN EDITION Judge drops felonies, gives probation in sex-tape case

By Roxana Orellana

rorellana@postbulletin.com

A 37-year-old man was sentenced Friday after pleading guilty to being involved in the making of a sex videotape featuring two juvenile girls in the basement of a downtown Austin business, according to court records.

Brian Linn Moser, who is now living in Colorado, pleaded guilty Friday at the Mower County Courthouse to an amended count of disseminating pornographic portrayal, a gross misdemeanor.

"I apologize for my actions," Moser said before District Judge Donald Rysavy.

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Rysavy sentenced Moser to pay $970 in fines and have a stayed 365 days jail sentence for one year of supervised probation.

The prosecution agreed to dismiss the remaining felony charges, including use of a minor in a sexual performance, dissemination of child pornography and possession of work involving minors.

According to the criminal complaint, Moser, who worked at the Austin Daily Herald as a production and distribution supervisor, and three other employees set up a scene with two girls in the Herald's basement at 310 Second St. N.E. in late 2003. The girls were both 16 at the time. The nearly 80-minute video shows all four men, who no longer are employees of the Herald, preparing and discussing their plan, the complaint stated.

Moser was the last sentenced of the four men involved in making and participating in the pornographic video.

Defense attorney Evan Larson, told Rysavy what Moser did was out character and he is trying to rehabilitate himself.

"From the sounds of it, it is something that is likely not going to happen again," Rysavy said before giving out the sentence. "What you did to your family and yourself is a punishment of itself."

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