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Child Pornography

The Child Pornogrophy Prevention Act of 1996, prohibits, the shipment, distribution, receipt, reproduction, sale, or possession of any visual depiction that "appears to be of a minor engaging in sexually explicit conduct.". For almost two decades, federal law has prohibited the production and distribution of child pornography. Before the Child Pornography Prevention Act of 1996 (CPPA), this applied only to visual views of real children engaged in sexually explicit conduct. It also has a similar concern of any visual views that is "advertised, promoted, presented, described, in such a way that shows the impression that the material contains a minor engaging in sexually explicit conduct." . The question presented is whether those prohibitions are violating the First Amendment to the Constitution.

First, Congress determined that "child pornography is often used as part of a method of seducing other children into sexual activity." A child who is shown to engage in sexual activity with an adult can sometimes be convinced by viewings of other children 'having fun' participating in sexual activity." Congress determined that computer-generated images of children engaged in sexually explicit conduct can be just as effective in se


ducing children into sexual activity as photographic images of real children. Second, Congress found that "child pornography is often used by pedophiles and child sexual abusers to stimulate and arrise their own sexual appetites and that such use of child pornography can encourage the viewer to sexual abuse or exploitation of children, so that it can become acceptable to and even preferred by the viewer." Congress found that child pornography can have a big effects, regardless of whether the pornography takes the form of computer-generated images or photographs of real children. Third, Congress was concerned that how technology could be used as a production to the distribution and possession of child pornography involving real children. As the technology of computer-imaging increases, it will become very difficult, if not impossible, to distinguish computer-generated from photographic veiwings of child sexual activity. It will therefore become almost impossible for the Government to meet its problem of proving that a pornographic image is of a real child. Congress concluded that there is governmental interests in eliminating child pornography that takes the form of computer-generated images of children engaged in sexual activity. Those interests are being inforced, Congress concluded, when the computer-generated images

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Approximate Word count = 897
Approximate Pages = 4 (250 words per page double spaced)


  

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