NCJ Number
146338
Journal
American Journal of Criminal Law Volume: 21 Dated: special issue (Fall 1993) Pages: 223-228
Date Published
1993
Length
6 pages
Annotation
This casenote examines the conviction of a man for possession of child pornography and the mens rea, if any, of section 2252 with regard to the minor status of the individuals depicted.
Abstract
In July 1993, Charles Kallestad was convicted of possessing child pornography, specifically possession of three or more sexually explicit visual depictions of minors. There was evidence that Kallestad thought he was at least complying with state law. However, the status of "minor" is a legal determination; a person may know the actual age of another person and still not know whether that person is legally a "minor." In addition, the decision in the case relied in part on the judge's interpretation of the language of the applicable statute. The case raised many legal issues, from a "unit of prosecution" problem to potential mistakes in the sentencing guidelines. The Note examines case law and a possible constitutional problem with the ruling, and furnishes a comparison with State law. Footnotes