Bill Would Broaden the Laws Related to the Production of Child Pornography
Should Congress close a loophole in these laws?
U.S. v Palomino-Coronado
U.S. v Palomino-Coronado is a ruling from a federal appeals court that overturned the conviction of a defendant charged with having sex with a 7-year-old girl. The defendant also took pictures of the child and himself having sex. The defendant was found guilty of
… knowingly employing, using, persuading, inducing, enticing, or coercing a minor in sexually explicit conduct for the purpose of producing a visual depiction of that conduct …
The appeals court ruled that the statute contains a specific intent element — proving that the reason the defendant had sex with the child was for the purpose of creating child pornography. Since the picture of the man and the child was not the intent of the sexual activity, the Fourth Circuit reversed the judgement and vacated the conviction. You can read more about the ruling here:
H.R. 1761 — Protecting Against Child Exploitation Act of 2017
H.R. 1761 is a bill sponsored by Rep. Mike Johnson (R-LA) intends to close this loophole by making it a criminal offense to knowingly consent to the visual depiction or live transmission of child pornography.
Those in Favor and Those Opposed
Supporters of this bill argue that this loophole allows sexual predators to escape prosecution even though they may admit to sexually assaulting a child. This act is designed to remove that possibility.
Those who oppose the bill argue that this expansion would subject more individuals, including young people prosecuted for sexting, to substantial mandatory minimums.
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