POSTED: Thursday, February 10th, 2011 at 3:07 pm

BY: WISCONSIN LAW JOURNAL STAFF

Child Pornography Scienter; constitutionality The lack of a scienter element does not render the criminalization of production of child pornography, 18 U.S.C. 2251(a), unconstitutional. “Given the competing social factors on both sides, we believe that § 2251 withstands constitutional scrutiny without a mistake-of-age defense. Particularly when judged in relation to the legitimate sweep of the statute, we consider ...