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post #21 of 23 (permalink) Old 01-15-2009, 09:32 PM Thread Starter
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Quote:
Originally Posted by A264172 View Post
Receiving isn't a crime. Soliciting is.
Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. § 2252A reads as follows:
(Federal Statutes in the United States Code
(a) Any person who—
(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes—
(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(3) knowingly—
(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains—
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
(4) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(5) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct—
(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
for purposes of inducing or persuading a minor to participate in any activity that is illegal.[1]
shall be punished as provided in subsection (b).

Quis custodiet ipsos custodes?

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post #22 of 23 (permalink) Old 01-15-2009, 09:55 PM
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I remember back in the 70s there was a big question as to what Pornography actually was. This "sorta" clears that a bit but really is not that much clearer. Unless I wandered past something the two lines that explain it are:

(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;


I am at a loss as to how all these folks are getting in trouble for simple pix of nude kids if this is the standard. "Sexually Explicit conduct" cannot mean "posing" or "standing there getting there taking their own picture". That doesn't make sense. There has to be more to it.

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post #23 of 23 (permalink) Old 01-16-2009, 08:27 AM
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Quote:
Originally Posted by Digmenow View Post
Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. § 2252A reads as follows:
(Federal Statutes in the United States Code
(a) Any person who—
(1) knowingly ..
(3) knowingly—
...
(B) knowingly ...
(B) knowingly ...
(6) knowingly ...
.
Not sure that applies to your proposition.

There's receives, and then there's receives.

-Marty


"...pour out of one vessel into another; and as those old Romans robbed all the cities in the world, we skim the cream of other men's wits, pick the choice flowers of their tilled gardens to set our own sterile plots."
-a Richard Burton
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