Home > News > Florida Court Rejects Challenge to Child Porn Law • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Florida Court Rejects Challenge to Child Porn Law

Get XBIZ News
Apr 27, 2004 11:12 AM PDT    Text size: 
TALLAHASSEE, Fla. – A Florida appellate court has ruled that emails that lure children into illegal sexual activity are not protected by the First Amendment.

The 1st District Court of Appeal was asked to decide on the first-ever constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986.

The case involves the 2001 arrest of Jeffrey L. Cashatt, a retired 50-year-old U.S. Navy officer who surfed Internet chat rooms specifically designed to help older men meet boys.

Cashatt, who argued that the child porn law violated his rights to free speech, invited a vice detective posing as a 14-year-old boy to meet him in Jacksonville, Fla., for sex.

When he arrived at the meeting place wearing clothes he said in an email he would have on, Cashatt was arrested by police.

Cashatt pleaded no contest to one felony count of violating the act after a judge rejected several motions to dismiss the case by his lawyer, Lawrence G. Walters of Weston Garrou & DeWitt in Altamonte Springs, Fla.

“Consenting adults are free to engage in sexually oriented communication without violating the statute…,” the court said in its opinion. “Furthermore, sexually oriented communication on a computer online service which is viewed by a child is not a violation of the statute unless the sender of the communication ‘knowingly’ attempts by that communication to seduce the child.”

Walters told XBiz that he thinks that Florida’s child porn Internet law is overly broad.

“We think it’s unconstitutional and think that the case is worth an appeal to the state Supreme Court,” he said.

Attorney General Charlie Crist told XBiz in a press release that his office was “pleased with the court's decision, that criminals who prey on minors can be brought to justice," and that "All the tools in our tool box must be used to protect our citizens from harm."

Crist was one of the law's sponsors while serving in the state Senate.

The case mirrors a federal appeals court by the 9th U.S. Circuit Court of Appeals that was decided last week holding that a defendant who solicits a minor to engage in sexual activity over the Internet can be convicted even though his accuser is not an actual minor.

The case is Jeffrey L. Cashatt vs. State of Florida, No. 1D02-4638.

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 !

BUSINESS ANALYSIS

Visa Cracks Down on ‘Shell’ Billing Firms

There was a time not so long ago when website operators created billing companies in favorable jurisdictions, whose sole purpose was to bill customers for services provided by the operator and remit the... More »

Retailers Forecast Consumer Trends for 2017

With the New Year barreling down upon us, retailers already are anticipating product categories to grow, and what both vendors and consumers can expect in the coming year. Promotions for 2017 and the release... More »

Sex Toy Manufacturers Offer Predictions for 2017

In 2016, it was evident that the pleasure products sector of the adult industry was thriving when Forbes Magazine quoted CalExotics President Susan Colvin as saying that it now “stands as a $15 billion... More »
XBIZ NEWSLETTERS
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.






POPULAR PRODUCTS & SERVICES
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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
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!