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Constitutionality

Feb 10, 2011

08-3195 U.S. v. Fletcher

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 [...]

Sep 16, 2010

09-3117 U.S. v. Sanders

SORNA Constitutionality Thee Sex Offender Registration and Notification Act’s requirement that convicted sex offenders update their registration when they cross a state line is constitutional. “[T]he obligation to register imposed by section 16913 and the criminal penalties imposed by section 2250 on those who cross state lines without complying with their registration obligations are [...]

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