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RALEIGH, N.C. (AP) -- Prosecutors in two states said Friday they found nothing illegal about a movie shot in North Carolina and screened this week at Utah's Sundance Film Festival that depicts a child rape, and instead said "Hounddog" offered viewers a "good message" about child sexual abuse.
The movie has troubled some Christians, who have called for a federal investigation into whether the movie breaks federal anti-pornography laws. A state lawmaker in North Carolina also said he is drafting legislation that would require the state approve the script of any television or movie production seeking a state tax break.
But Utah Attorney General Mark Shurtleff, who watched the movie this week with his state's child sexual exploitation law in hand, said his concerns didn't materialize on the screen.
"None of the things on the Internet that people were saying about it were true," Shurtleff said. "Not only does it not violate the statute, I think it's a good message for people on the subject."
The opinion is shared by the district attorneys in the two North Carolina counties where "Hounddog" was filmed last summer.
Rex Gore, the Brunswick County district attorney, said prosecutors reviewed the movie in November and interviewed crew members, producers and star Dakota Fanning. The movie includes a scene depicting the rape of a 9-year-old child played by the 12-year-old actress.
"I am aware that there is an outcry from some who find the content of the film disturbing and distasteful," Gore said in a statement. "However, public opinion is not the test we must apply as prosecutors; we must apply the law."
Gore said there no evidence that the scene constituted "sexual activity" under North Carolina law, so child exploitation didn't occur. Even if there was simulated sexual activity, Gore said it doesn't cross the line into obscenity so long as the film has serious artistic value or is protected speech.
The rape scene lasts a few minutes, but is not graphic. There is no nudity, the scene is very darkly lit and only Fanning's face and hand are shown.
"Hounddog" is the story of Lewellen, a free-spirit obsessed with Elvis Presley in the 1960s South who is raped by a teenager. Fanning said this week at Sundance that the rape scene isn't the focus of the movie. "It's not really happening," Fanning said. "It's a movie, and it's called acting. I'm not going through anything."
The Christian Film and Television Commission and its chairman, movieguide.org publisher Ted Baehr, had claimed "Hounddog" breaks federal child-pornography law because it "appears" to show minors engaging in sexually explicit conduct. The Catholic League for Religious and Civil Rights also asked the U.S. Justice Department to investigate.
That outcry led state Sen. Phil Berger, R-Rockingham, to begin work on legislation that would require any film seeking North Carolina's 15 percent tax credit for television and movies to receive script approval from the state. Berger said the state should ensure its citizens aren't subsidizing what many may consider inappropriate.
It's an idea flatly rejected by those in the industry. "Government review of any kind of speech is anathema to the fundamental tenets of American democracy and must be rejected," said Jody Frisch, spokeswoman for the Writers Guild of America.
The department that oversees the North Carolina Film Office said this week it had no information on whether the producers of "Hounddog" had received or would seek the credits.
The South Carolina Film Commission asks for a script as a part of its tax break application, along with the film's budget and production schedule. But Commissioner Jeff Monks said the office looks at the script largely to determine whether the application makes good business sense, not to check for offensive content.
For the past two decades, North Carolina has ranked as the third busiest state for filmmaking, behind California and New York. But state officials have worried recently about tax incentives offered elsewhere. And Monks suggested tinkering with its film incentives could hurt North Carolina's ability to bring projects to the state.
"There are 300 film commissions worldwide all competing for about 500 films a year," he said. "The competition has never been greater for the industry."
------ Associated Press Writer Debbie Hummel contributed to this report from Salt Lake City.
(Copyright 2007 by The Associated Press. All Rights Reserved.)
