Home > News > Section of Child Porn Law Tossed • Bookmark   • Newsletters   • Register Search Options


Section of Child Porn Law Tossed

Get XBIZ News
Nov 6, 2003 12:00 AM PST    Text size: 
KNOX, Tenn. – In a surprise ruling, a Knox County judge dismissed a section of state law on child pornography calling it unconstitutional.

The ruling came as a result of an ongoing debate among statewide attorneys over a smattering of child porn cases currently clogging the Knox courts, in particular a series of computer pornography cases that are still being tried in accordance with a federal law that was struck down by the U.S. Supreme Court last year.

The exploitation law at issue has two sections. The first provision bans the use of actual minors in pornography that engage in sexual activity or simulated sexual activity that is "patently offensive."

The second provision, and the one that was tossed out by Judge Richard Baumgartner today, bans pornographic material that appears to show minors, whether or not there is proof the participants are under age.

In his ruling, Judge Baumgartner stated that the second section of the current law protecting children from sexual exploitation was flawed because it hands the power over to a jury to determined whether a person depicted in child porn material is in fact a minor.

According to Baumgartner, the clause in question could lead to the conviction of a person for possessing pornography even when a minor was not exploited.

According to reports, Baumgartner upheld the first provision of the child pornography law. If he had decided to strike down the entire law, there would have been a dismissal of all child pornography cases pending in his court and others to follow.

From this day forward, prosecutors must now prove that child pornography offenders were engaged with, or distributing child porn, based on images of actual minors.

Baumgartner's ruling could make proving future child pornography allegations a formidable task because prosecutors will have to locate the actual child victims and provide proof of their status as minors, even if the offense happened years, if not decades ago.

Additionally, a great deal of child pornography content is generated from countries all over the globe, posing yet another impossible task for prosecutors to tackle.

Prosecutors are currently consulting with the Attorney General's Office over whether an appeal through a higher court can be sought against Baumgartner's ruling.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Manufacturers Take Action Against Counterfeit Sex Toys

The mainstreaming of pleasure products is proving to be a blessing and a curse for the sex toy industry. As the demand for pleasure products continues to grow, manufacturers are seeing an increase of counterfeiters... More »

Trends in Paysite Design, Content Delivery

Given the highly visual nature of adult entertainment, it is no surprise that many paysites have shown design-forward approaches — some skirting the bleeding edge, while others sought stability over... More »

Surviving Affiliates Seem to Be Thriving

Long a mainstay of traffic generation for adult website owners and monetization channel for tech savvy marketers, “sponsor programs” have delivered countless millions of dollars to affiliates... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.



Oct 05 - Oct 07
Hannover, Germany


Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!