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Tuesday, March 14, 2006

Statute prohibiting computer production of child pornography may reach activity that is solely intrastate in nature

COMMERCE CLAUSE
United States v. Grimmett,
No. 05-3030, ___ F.3d ___ (10th Cir. Mar. 10, 2006)(Kansas).

Appeal of conviction for production of child pornography in violation of 18 U.S.C. § 2251(a).

HELD: Title 18 U.S.C. § 2251(a), prohibiting production of child pornography using materials transported in interstate commerce by any means, including computer, is facially valid exercise of Congress’s power under Commerce Clause and may reach solely intrastate activity that substantially affects interstate child pornography market.

Read the opinion here.

posted by Russ at 12:10 PM


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