United States v. Christopher S. Handley

564 F. Supp. 2d 996 (2008)

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United States v. Christopher S. Handley

United States District Court for the Southern District of Iowa
564 F. Supp. 2d 996 (2008)

  • Written by Sharon Feldman, JD

Facts

Christopher Handley (defendant) was charged with receiving obscene visual representations of the sexual abuse of children in violation of 18 U.S.C. § 1466A(a) and possessing obscene visual representations of the sexual abuse of children in violation of 18 U.S.C. § 1466A(b). Handley maintained that the materials he received were drawings from Japanese anime comic books that were produced by hand or computer and depicted fictional characters and not actual people. Handley moved to dismiss the counts on the grounds that private possession of obscene materials in which no real children are used is protected by the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Gritzner, J.)

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Casebooks

Cyberspace

Key Terms

  • ObscenityA category of material that, when taken as a whole, reviewed by the average person and applying contemporary community standards, possesses a dominant theme that appeals to the prurient interest.
  • Fourth AmendmentAn amendment to the United States Constitution that protects against unreasonable searches and seizures and mandates that warrants be based upon probable cause and that they define the scope of the search or seizure with particularity.
  • First AmendmentGuarantees that the government will not abridge freedoms of the press, religion, and speech; the right to peacefully assemble; and the right to petition the government to remedy grievances.
  • Child Sexual Abuse Material (CSAM)A form of child sexual exploitation, defined by federal law as any visual depiction of sexually explicit conduct involving a person less than 18 years old. Formerly called child pornography.
  • Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act)Adopted in 2003, the PROTECT Act provided additional statutory protections against child abuse, child sex trafficking, kidnapping, child molestation, and child pornography.
  • Child Pornography Prevention Act of 1996Federal statute, 18 U.S.C. § 2252A, that criminalizes the advertising, promotion, presentation, distribution, and solicitation of child pornography and defines prohibited child pornography to include computer-generated depictions of minors engaging in sexually explicit conduct.

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