Important Notes/dictation
The Court further stated that 18 U.S.C. § 2252A(a)(3)(B) would not be construed to punish the solicitation or offering of "virtual" (computer generated/animated) child pornography, thus comporting with the holding of Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002).
United States v. Panfil, 338 F.3d 1299, 1300 (11th Cir. 2003). “Pandering” is defined as the catering to or exploitation of the weaknesses of others, especially “to provide gratification for others’ desires.”. As a legal concept, pandering is most commonly associated with prostitution. In that context, pandering provisions are statutes penalizing various acts by intermediaries who engage in the commercial exploitation of prostitution and are aimed at those who, as agents, promote prostitution rather than against the prostitutes themselves. The term pandering, in some instances, is applied by Congress and the courts to the promotion of obscenity. See, e.g., 39 U.S.C. § 3008 (prohibiting pandering advertisements of sexually provocative materials by mail), Ginzburg v. United States, 383 U.S. 463, 86 S. Ct. 942, 16 L.Ed.2d 31 (1966) (considering obscene nature of erotically advertised publications). Congress has characterized both the child pornography regulation at issue in this case (18 U.S.C. 2252A(a)(3)(B)) and its unconstitutional predecessor (18 U.S.C. § 2256(8)(D) (1996)) as “pandering” provisions. imprisonment for the pandering charge and sixty months for the possession charge, to be served concurrently.
The Court stated that "an offer to provide or request to receive virtual child pornography is not prohibited by the statute. A crime is committed only when the speaker believes or intends the listener to believe that the subject of the proposed transaction depicts real children. It is simply not true that this means 'a protected category of expression inevitably be suppressed,' post, at 13. Simulated child pornography will be as available as ever." Williams at 17.
Read more about this topic: United States V. Williams
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