United States v. Marchand
United States District Court for the District of New Jersey
308 F. Supp. 2d 498 (2004)
- Written by Alex Ruskell, JD
Facts
Anthony Marchand (defendant) was convicted of possessing child pornography in violation of the Child Pornography and Prevention Act, which made it unlawful to knowingly possess pornographic images of real children. At trial, Marchand argued that the images did not depict real minors and that he did not know that any of the images depicted real minors, because technology existed that could create realistic virtual images of children. In response, the government provided evidence that 11 of the images were taken from magazines created prior to realistic virtual-imaging technology, that eight of the children depicted were identified and had been met in person by government agents, and that the physical development of the depicted children corresponded to the appropriate level of development for children of that age. As to Marchand’s knowledge, the government provided evidence that the images looked completely real, were beyond the imaging capability of current computers, were downloaded from several different Internet websites, and that Marchand had said some of the pictures had been “morphed.”
Rule of Law
Issue
Holding and Reasoning (Hochberg, J.)
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