I am writing a paper for my sociology class on child porn. The thing I am having an issue understanding is the law 18 U.S.C. § 2252A. In 1996, this law was amended to say that visual depictions that “appears to be” or “conveys the impression” of a minor engaging in sexually explicit conduct were illegal. Then in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Supreme court struck down the “appears to be” and “conveys the impression” portions of the law.
What confuses me is what exactly is the law about now for child porn. I looked up 18 U.S.C. § 2252A and in it I still see "or appears to be" in part (6) of the law.
So, what is the correct answer to this law. Are images of people, who are or above the age of 18, who may appear to be seen as underage to some, illegal? Or is it just images of minors that are illegal?
Also, I read somewhere else that the community you live in can make a decision as to what is seen as child porn or offensive and whats not, even if the person in the picture is 18 years old age or above?
Could someone clear this up, its very confusing. Thanks.
Also, the state this pertains to is Utah, if that makes a difference.
What confuses me is what exactly is the law about now for child porn. I looked up 18 U.S.C. § 2252A and in it I still see "or appears to be" in part (6) of the law.
So, what is the correct answer to this law. Are images of people, who are or above the age of 18, who may appear to be seen as underage to some, illegal? Or is it just images of minors that are illegal?
Also, I read somewhere else that the community you live in can make a decision as to what is seen as child porn or offensive and whats not, even if the person in the picture is 18 years old age or above?
Could someone clear this up, its very confusing. Thanks.
Also, the state this pertains to is Utah, if that makes a difference.