From Deseret News archives:
Child-porn law focus of appeal
The high court will hear a First Amendment quarrel today and decide if two phrases in the PROTECT act of 2003 are unlawfully vague and overbroad. The court is expected to take the case under advisement after oral argument and issue its opinion before the end of its current term in June 2008.
The issue surfaced after Michael Williams pled guilty on two counts of child pornography: possessing the material and "pandering" (promoting) the images.
In an Internet sting operation, Williams offered sexually explicit pictures of his 4-year-old daughter to an undercover federal agent; authorities found 22 images of underage children on Williams' computer.
Following Williams' appeal, the 11th Circuit Court of Appeals overturned the pandering conviction, calling the PROTECT act's language "impermissibly vague and facially unconstitutional."
The pandering section of the PROTECT act adopted by Congress as the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act was the latest of several attempts by Congress to strengthen penalties for Internet predators.
Juan Becerra, Salt Lake City FBI spokesman, said if the court upholds Williams' appeal it would take an arrow out of law enforcement's quiver. But, he said, "We're still going to go after these guys as hard and aggressively as before."
Becerra also said the Wasatch Front leads the nation in child pornography investigations, arrests and convictions.
"Pandering" specifically prohibits advertising, promoting, presenting or soliciting "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" contains child pornography.
The controversy grows out of the two subjective phrases, "reflects the belief," and "intended to cause another to believe," which Williams claims are too vague and smother free speech. A person does not have to posses the unlawful material to be charged with pandering; merely describing it in a way that "reflects the belief" that one possesses it is enough.
Congress said such a strict law is necessary because "even fraudulent offers to buy or sell unprotected child pornography help to sustain the illegal market for this material."
Comments
- Lakers booed at home in loss 12:53 a.m.
- Big games keep UHSAA coffers full 12:51 a.m.
- TCU stuck at fourth in BCS 12:50 a.m.
- Students from abroad come to Utah 12:26 a.m.
- Sports on the air 12:18 a.m.
- Sports briefs 12:17 a.m.
- Editorial: Red flags at Fort Hood 12:14 a.m.
- Rid Capitol Hill of 'roaches' 12:14 a.m.
- Health proposal not 'reform' 12:14 a.m.
- Afterthoughts 12:14 a.m.
- BYU happy to escape with victory
230 - TCU creams U.
225 - Editorial: Mormons and gay rights
206 - Will state consider gay rights law?
149 - Can BYU root for (ick) Utah Utes?
131 - RSL heads to MLS title game
125 - Utes remain silent about BCS
120 - Celtics crush Jazz
104 - TCU stays 4th in AP; Y. 19th, U. 23rd
97 - 3A: Hurricane advances to title game
88
Sears is holding a special VIP night Sunday, Nov. 15, in stores and online.
How do you handle kids and contests? Our oldest daughter, 7, is of the...
No, students are NOT safe from predators. If a parent wants to make sure...
If you really think Mormon's are mainstream, you must not have paid attention...
I don't see the schools presidents voting to get rid of WYM or NM, even...
why people complain about how football is covered by the media too much. when...
A little perspective is not a bad thing. Notice the Cougar's won loss record...
I actually was encouraged by some aspects of the game. Any Utah fan who has...
A story about Mormons as minorities? In this paper? Get over the "victim"...
she was an awesome woman someone i looked up to when i was younger she was...
Wow you just made one of the dumbest comments I've heard yet. Fire Bronco????...
Re: Huh?, You like many other haters are probably oblivious to many obvious...

You can be the first to comment on this story.