United States v. Smith
United States Court of Appeals for the Ninth Circuit
795 F.2d 841 (1986)
- Written by Liz Nakamura, JD
Facts
James Smith (plaintiff) took photographs of minor teenage girls in various states of undress. Smith then mailed the undeveloped film to a film-developing company in Maryland. The Maryland development company only developed film for private photographers, not commercial photographers. After the Maryland company developed the film, it contacted the United States Postal Inspectors. Smith was charged with (1) inducing a minor into engaging in sexually explicit conduct for the purpose of creating visual depictions of the conduct; and (2) mailing visual depictions of child pornography in interstate commerce. There was no evidence presented that Smith intended to distribute the pornographic images. After a jury trial, Smith was convicted on both counts. Smith appealed, arguing that (a) the government failed to provide proof that Smith intended to distribute the child-pornography images contained on the undeveloped film; and (b) undeveloped film did not constitute a visual depiction of children engaged in sexually explicit conduct because the images were not viewable until the film was developed.
Rule of Law
Issue
Holding and Reasoning (Wiggins, J.)
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