sarettah |
05-21-2007 08:57 AM |
Quote:
Originally Posted by stickyfingerz
(Post 12464053)
Believe it was mentioned that that portion has already been somewhat overturned, but I dont recall details.
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Pretty much each time the court has ruled against a portion of it, Congress has reacted by amending it to close the hole that the courts ruled on. What I posted is the current version of 2256 and I can't find anywhere that the current wording has been ruled against (not a lawyer though). I don't know about anyone else, but I would not want to be a "test case" on it.
The amendment history, closing the holes that have been poked in it:
Quote:
Amendments
2003?Par. (2). Pub. L. 108?21, § 502(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
?(2) ?sexually explicit conduct? means actual or simulated?
?(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
?(B) bestiality;
?(C) masturbation;
?(D) sadistic or masochistic abuse; or
?(E) lascivious exhibition of the genitals or pubic area of any person;?.
Par. (8)(B). Pub. L. 108?21, § 502(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ?such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;?.
Par. (8)(C). Pub. L. 108?21, § 502(a)(2), substituted a period for ?; or? at end.
Par. (8)(D). Pub. L. 108?21, § 502(a)(3), struck out subpar. (D) which read as follows: ?such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and?.
Pars. (10), (11). Pub. L. 108?21, § 502(c), added pars. (10) and (11).
1996?Par. (5). Pub. L. 104?208, § 101(a) [title I, § 121[2(1)]], inserted ?, and data stored on computer disk or by electronic means which is capable of conversion into a visual image? before semicolon at end.
Pars. (8), (9). Pub. L. 104?208, § 101(a) [title I, § 121[2(2)?(4)]], added pars. (8) and (9).
1988?Par. (6). Pub. L. 100?690, § 7511(c), added par. (6).
Par. (7). Pub. L. 100?690, § 7512(b), added par. (7).
1986?Pub. L. 99?500 and Pub. L. 99?591 renumbered section 2255 of this title as this section.
Par. (5). Pub. L. 99?628, which directed that par. (5) be added to section 2255 of this title, was executed by adding par. (5) to section 2256 of this title to reflect the probable intent of Congress and the renumbering of section 2255 as 2256 by Pub. L. 99?500 and Pub. L. 99?591.
1984?Pub. L. 98?292, § 5(b), renumbered section 2253 of this title as this section.
Par. (1). Pub. L. 98?292, § 5(a)(1), substituted ?eighteen? for ?sixteen?.
Par. (2)(D). Pub. L. 98?292, § 5(a)(2), (3), substituted ?sadistic or masochistic? for ?sado-masochistic? and struck out ?(for the purpose of sexual stimulation)? after ?abuse?.
Par. (2)(E). Pub. L. 98?292, § 5(a)(4), substituted ?lascivious? for ?lewd?.
Par. (3). Pub. L. 98?292, § 5(a)(5), struck out ?, for pecuniary profit? after ?advertising?.
Par. (4). Pub. L. 98?292, § 5(a)(6), substituted ? ?organization? means a person other than an individual? for ? ?visual or print medium? means any film, photograph, negative, slide, book, magazine, or other visual or print medium?.
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http://www4.law.cornell.edu/uscode/h...000-notes.html
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