Possession of child pornography: Difference between revisions
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'''Possession of child pornography''' is an offense whose punishment varies by jurisdiction. The U.S. Supreme Court decision ''[[Osborne v. Ohio]]'' authorized its criminalization. | '''Possession of child pornography''' is an offense whose punishment varies by jurisdiction. The U.S. Supreme Court decision ''[[Osborne v. Ohio]]'' authorized its criminalization. | ||
==History== | |||
In 1990, Congress passed the [[Child Protection Restoration and Penalties Enhancement Act]], making it illegal to knowingly possess child pornography under § 2252(a)(4)(B). Once “possession” was criminalized, the Sentencing Commission was tasked with restructuring the Guidelines in light of the 1990 amendments. The Commission responded by developing a new Guideline section that would punish “receipt” and “possession” equally. The Commission’s proposal would punish “receiving,” “possessing,” and “transporting” child pornography under § 2G2.4, which imposed no mandatory minimum sentence. The new Guideline would continue to punish offenders intending to traffic child pornography under § 2G2.2, which carried a mandatory minimum five-year sentence. | |||
However, the Commission’s rational new scheme was upended by an amendment included in an appropriations bill introduced by Senator Jesse Helms of North Carolina. The amendment was never debated and it forced the Commission to punish “receipt” convictions under§ 2G2.2.<ref>https://lawreview.law.miami.edu/wp-content/uploads/2011/12/v65_i3_sbacon.pdf</ref> | |||
==Barrier crime== | ==Barrier crime== | ||
Revision as of 18:12, 24 June 2020
Possession of child pornography is an offense whose punishment varies by jurisdiction. The U.S. Supreme Court decision Osborne v. Ohio authorized its criminalization.
History
In 1990, Congress passed the Child Protection Restoration and Penalties Enhancement Act, making it illegal to knowingly possess child pornography under § 2252(a)(4)(B). Once “possession” was criminalized, the Sentencing Commission was tasked with restructuring the Guidelines in light of the 1990 amendments. The Commission responded by developing a new Guideline section that would punish “receipt” and “possession” equally. The Commission’s proposal would punish “receiving,” “possessing,” and “transporting” child pornography under § 2G2.4, which imposed no mandatory minimum sentence. The new Guideline would continue to punish offenders intending to traffic child pornography under § 2G2.2, which carried a mandatory minimum five-year sentence.
However, the Commission’s rational new scheme was upended by an amendment included in an appropriations bill introduced by Senator Jesse Helms of North Carolina. The amendment was never debated and it forced the Commission to punish “receipt” convictions under§ 2G2.2.[1]
Barrier crime
Child pornography possession is a common barrier crime, meaning that, if it is on one's criminal record, it prevents one from working at an assisted living facility or licensed adult day care center, or other places run by state departments of social services.[2] Usually it is a misdemeanor to falsely deny having a barrier crime on one's record when applying for such jobs.[3][4]
Disenfranchisement
In Virginia, child pornography possession is considered a "more serious" offense that requires an application for restoration of civil rights. The offender must be free from any sentence served and/or supervised probation and parole for a minimum of three years in order to apply.[5] In Alabama, child pornography possession is punishable by permanent disenfranchisement.[6][7][8][9]
Foster care and adoption
Under , approval of the foster or adoptive home may not be granted if the applicant has been convicted of child pornography offenses.[10]
References
- ↑ https://lawreview.law.miami.edu/wp-content/uploads/2011/12/v65_i3_sbacon.pdf
- ↑ http://dhss.alaska.gov/ocs/Documents/BarrierCrimeMatrix.pdf
- ↑ https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1719
- ↑ https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1720
- ↑ https://commonwealth.virginia.gov/judicial-system/restoration-of-rights/
- ↑ http://www.866ourvote.org/issues/felony-convictions
- ↑ "Any person who knowingly possesses any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct shall be guilty of a Class C felony." Code of Alabama § 13A-12-192 http://www.ndaa.org/pdf/Obscenity%20Statutes%206-2010.pdf
- ↑ http://felonvoting.procon.org/sourcefiles/alabama-pardons-voter-restoration-2012.pdf
- ↑ "A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason." Code of Alabama § 15-22-36.1
- ↑ https://www.childwelfare.gov/pubPDFs/background.pdf
