Receipt of child pornography: Difference between revisions
Created page with "'''Receipt of child pornography''' is an offense that involves knowingly receiving child pornography. The Oxford English Dictionary (2d ed.1989) defines "receive" as "[t]o..." |
No edit summary |
||
| Line 3: | Line 3: | ||
Receipt is not the only means by which one could obtain child pornography. [[Production of child pornography|Production]] is another means. The courts have found that [[possession of child pornography]] does not by itself prove receipt.<ref>https://www.courtlistener.com/opinion/1457579/united-states-v-miller/</ref> | Receipt is not the only means by which one could obtain child pornography. [[Production of child pornography|Production]] is another means. The courts have found that [[possession of child pornography]] does not by itself prove receipt.<ref>https://www.courtlistener.com/opinion/1457579/united-states-v-miller/</ref> | ||
At the federal level, a connection to [[interstate commerce]] must be proved.<ref>https://www.ca6.uscourts.gov/sites/ca6/files/documents/pattern_jury/pdf/crmpattjur_full.pdf</ref> Also, the defendant must have known, not just that he was receiving something, but that what he was receiving was child pornography.<ref>https://www.leagle.com/decision/infco20110207104</ref> | At the federal level, a connection to [[interstate commerce]] must be proved.<ref>https://www.ca6.uscourts.gov/sites/ca6/files/documents/pattern_jury/pdf/crmpattjur_full.pdf</ref> Also, the defendant must have known, not just that he was receiving something, but that what he was receiving was child pornography.<ref>https://www.leagle.com/decision/infco20110207104</ref> The defendant's knowledge is established for purposes of § 2252(a) if "he is aware that his receipt of the illegal images is practically certain to follow from his conduct."<ref>https://www.leagle.com/decision/infco20120717137</ref> | ||
==References== | ==References== | ||
Revision as of 17:35, 24 June 2020
Receipt of child pornography is an offense that involves knowingly receiving child pornography. The Oxford English Dictionary (2d ed.1989) defines "receive" as "[t]o take in one's hand, or into one's possession (something held out or offered by another); to take delivery of (a thing) from another, either for oneself or for a third party."
Receipt is not the only means by which one could obtain child pornography. Production is another means. The courts have found that possession of child pornography does not by itself prove receipt.[1]
At the federal level, a connection to interstate commerce must be proved.[2] Also, the defendant must have known, not just that he was receiving something, but that what he was receiving was child pornography.[3] The defendant's knowledge is established for purposes of § 2252(a) if "he is aware that his receipt of the illegal images is practically certain to follow from his conduct."[4]
