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 Decade: 2000-2009
 Year: 2003
 Month: October
 Collection: Congressional Research Service Reports
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: October 15, 2003
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department