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Appeals Court Rules Viewing CP Not A Federal Crime
WTF? I don't get what this judge was thinking.
MIAMI (AP) - Simply using computer equipment to view child pornography is not a federal crime, a federal appeals panel ruled Friday in reversing the conviction of a Florida man.
Federal prosecutors stretched the link to interstate commerce by prosecuting James Maxwell for possession of child pornography without offering any evidence that he obtained the photos from out of state, the 11th U.S. Circuit Court of Appeals ruled.
The ruling adds to a split among appellate courts on the minimum requirements for federal child-pornography convictions.
Writing for a three-judge panel, former Chief Judge Gerald Tjoflat said he had "no intention of breaking new ground." But he concluded, "It strains reason to conceive of how Maxwell's activity of possession was in any sense 'commerce.'"
Tjoflat noted there were no allegations that Maxwell viewed the pornography or produced, purchased, distributed or traded it across state lines in violation of federal law.
During trial, the defense stipulated that a blank zip disk and floppy disk were produced outside of Florida. But Maxwell presented no defense and did not acknowledge anything about how the pornography got onto the disks.
Steve Cole, spokesman for the U.S. attorney's office in Tampa, said no decision had been made on whether to appeal Friday's ruling. Maxwell's lawyers declined to comment.
John Harrison, a University of Virginia law professor, said he thought there was "a substantial chance" the U.S. Supreme Court would review one of the various appeals cases relating to child pornography to resolve the differences.
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