NCJ Number
227292
Journal
FBI Law Enforcement Bulletin Volume: 78 Issue: 6 Dated: June 2009 Pages: 22-28
Date Published
June 2009
Length
7 pages
Annotation
This article explores the evolution of child pornography law, examines the U.S. Supreme Court versus Williams, challenging the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT), and discusses the potential for charging panderers under the PROTECT Act.
Abstract
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT) sought to criminalize the exploitation of children by focusing on speech. The act was passed in an effort to cure the deficiencies contained in the Child Pornography Protection Act of 1996's (CPPA's) pandering provision. With the PROTECT Act, Congress changed tactics and tailored the statute to criminalize the act of pandering without regard to the actual nature of the material pandered. In United States versus Williams, the PROTECT Act was challenged in the context of speech about child pornography. It was alleged that the PROTECT Act was overboard, prohibiting a substantial amount of protected speech. The U.S. Supreme Court had to determine whether the statute intruded too far into protected First Amendment activity. The U.S. Supreme Court upheld the constitutionality of the pandering provision contained in the PROTECT Act. Critical to the statute's constitutionality are phrases designed to capture the defendant's belief regarding the material or what the defendant intends to cause another to believe. Specifically, the statute prohibits pandering any material "in a manner that reflects the belief" or "in a manner intended to cause another to believe." 48 endnotes