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The new legislation expands the definition of child pornography. 2256(8) which now defines child pornography as: "any visual depiction, including any photograph, film, , video, picture, drawing or computer or computer-generated image or picture, which is produced by electronic, mechanical or other means, of sexually explicit conduct, where: The term `identifiable minor’ would be identified in 18 U. Section 2 of the 1996 Act includes important findings related to pseudo-photographs and explains why it should be illegal as: "Computer-generated child pornography results in many of the same types of harm, and poses the same danger to the well-being of children, as photographic child pornography, and provide a compelling governmental interest for prohibiting the production, distribution, possessing, sale or viewing of all forms of child pornography, including computer-generated depictions which are, or appear to be, of children engaging in sexually explicit conduct." The 1996 Act may be subject to a legal challenge by some of the civil liberties groups such as ACLU because according to their view, the Act would be unconstitutional because it outlaws images produced without any involvement by an actual child. The court held that the Child Pornography Prevention Act (CPPA) is unconstitutional to the extent that it proscribes computer images that do not involve the use of real children in their production or dissemination.Section 3 of the 1996 Act, adds a new subsection to 18 U. Appeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding Argued and Submitted March 10, 1998--San Francisco, California, Filed December 17, 1999 Before: Warren J. Section 2556(8) of the CPPA defines child pornography as any visual depiction, including computer images, of sexually explicit conduct.

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Congress had justified the wider ban on grounds that while no real children were harmed in creating the material, real children could be harmed by feeding the prurient appetites of paedophiles or child molesters. 103 (1990) where the court upheld a statute making it illegal to possess child pornography.While computer-generated images of child pornography are repugnant, they do not involve real children, and there is no demonstrated basis to link such images with harm to real children.Absent this nexus, the CPPA does not withstand constitutional scrutiny.It barred sexually explicit material that "appear(s) to be a minor" or that is advertised in a way that "conveys the impression" that a minor was involved in its creation.

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The law was Congress' answer to then-emerging computer technology that allowed the computer alteration of innocent images of real children, or the creation from scratch of simulated children posed in sexual acts.

It will be up to the defendant to prove that the creation of the pictures did not involve minors.



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