apology was rejected, and days later, Lee was arrested. The minor in question was originally described as a nine-year-old boy, but various accounts by the District Attorney's office later stated that the comic was given either to the boy's six-year-old brother or to both boys. Lee later stated "Though I am willing to apologize for this particular art book getting in the hands that found it offensive, I will adamantly agree that the book is not 'harmful to children' or 'obscene.' In my opinion, this book is no more offensive then viewing the beautiful paintings of the Sistine Chapel or reading one of the best selling books with stories of sex, lust and nudity known as the Bible." District Attorney Leigh Patterson charged Lee with two felony counts and five misdemeanors. The two felony charges were brought under the Distribution of Material Depicting Nudity or Sexual Conduct law, which requires materials containing nudity to be distributed in a labelled envelope. Penalties for violating this law include one to three years in prison and/or fines of up to $10,000 US. The five misdemeanors were presented under the Distribution of Material Harmful to Minors law, which makes it a misdemeanor to supply minors any material containing nudity. CBLDF involvement Lee approached Comic Book Legal Defense Fund board member Peter David for help late in January 2005. The CBLDF Board of Directors voted unanimously to financially support Lee's defense, putting a defense team in place within days. In May 2005, the CBLDF submitted four motions to dismiss the counts Lee faced, challenging the constitutionality of both laws. A hearing on those motions was held on December 1, 2005, during which all charges under the Distribution of Material Depicting Nudity or Sexual Conduct law were dropped. Two of the remaining misdemeanor charges were dropped as well, and the three remaining charges were consolidated into only two. The remaining charges were for "distributing a book, pamphlet, magazine, and printed matter containing pictures, drawings and visual representation and images of a person a portion of the human body which depict sexually explicit nudity, sexual conduct, and sadomasochistic abuse and which is harmful to minors;" and for knowingly furnishing and disseminating to a minor materials "containing explicit and detailed verbal descriptions and narrative accounts of sexual excitement, sexual conduct, and sadomasochistic abuse and which taken as a whole is harmful to minors." The Fund maintained that the