Saturday, December 24, 2011

Memory palace--park Federal lascivious exhibition Prosecutions and search law and indictments

18 USC 2251 (a) and (e)  Protection of Children Against Sexual Exploitation Act of 1977  15-30

18 USC 1470  transfer obscene material to minors 10 max

18 USC 2252A (a) (2) and (b)  knowingly receive or distribute child porn 5-20

18 USC 2252A (a) (5) (B) and 2252A (b) (2)  access with intent to view  max 10

18 USC 3509 (m)  any CP stays in custody of government

18 USC 2256 (2) (E) "lascivious exhibition"

18 USC 2256 (8) "is or appears to be"  Ashcroft v. Free Speech Coalition

USSG 2G2.2

4th A

1st A

18 USC 2510-22  Wiretap Act

18 USC 2701-12  Stored Communications Act

18 USC 3121-27  Pen Register and Trap and Trace

Winters v. New York 1948  magazine with bloodshed too vague

Roth v. US 1957  obscenity not protected.  "prurient interests" applying "contemporary community standards"

Ginzburg v. US  1966 marketing product as obscene supports finding of obscene

Memoirs v Mass  1966  Fanny Hill has redeeming social value

Stanley v. Georgia 1969  Private possession of pornography is legal

Miller v. California 1973  obscenity:  1 prurient interests applying community standards 2 portrays sex or excretory functions 3 No LAPS
New York v. Ferber 1982 child pornography may be banned

Osborne v. Ohio 1990 all levels of distribution chain including possession of CP banned

Jacobson v. US 1992 Entrapment on CP based on entreaties to political freedom

Ashcroft v. Free Speech Coalition  2002  But not the computer generated for possession.  Strikes down "appears to be" and "conveys the impression" it is a minor
US v. Williams 2008 pandering CP illegal even without possession

FCC v. Fox 2009 FCC may ban fleeting expletives

US v. Stevens 2010 depictions of animal cruelty language in animal crush overbroad

child porn:

Post 5th 1987 "lascivious" definition 6 factors

Villarreal 5th 1992

Kimbrough 5th 1995

Paige 5th 1998  age may be determined by lay jury without expert

Katz 5th 1999

Kallestad 5th 2000

Fox 5th 2001 not void for vagueness

Runyon 5th 2001

Grimes 5th 2001

Planck 5th 2007

Schales 9th  2008

Radley SD Tex 2009

Dickson 5th 2011

Winkler 5th 2011

Indictment cases:

Rubio 5th 1987

Buchanan 5th 2007  multiplicitous

Dodge 11th 2010

Search cases:

Hill 5th 1994

Steve Jackson Games v. Secret Service 5th 1994

Denman 5th 1995

Grosenheider 5th 2000

In re Search of Law Office 5th 2003

Froman 5th 2004

Slanina 5th 2004

Flanders 5th 2006

Perez 5th 2007

Winkler 5th 2011

No comments:

Post a Comment