April 15, 2020, 12:40 pm
The 11th Circuit Court of Appeals (the appellate court for Florida, Georgia and Alabama federal courts) found that private text messages cannot support a conviction for a violation of 18 U.S.C. § 2251(d)(1).
That section provides that it is a crime to knowingly make, print, publish or cause to be made, printed, or published, any notice or advertisement seeking or offering (1) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct.
Matthew Caniff, was charged with that crime (along with two others) after engaging with a law enforcement officer that reached out to him through the online app Whisper. As is the pattern in most stings, the chat turned sexual and images were exchanged. Caniff was indicted and convicted at trial for three offenses, one of which was making, printing or publishing a “notice or advertisement” seeking the illegal images.
The appellate court reversed the conviction on that count (affirming the others) and found that a private text exchange does not constitute making, printing or publishing a notice or advertisement.
The case can be found here: http://media.ca11.uscourts.gov/opinions/pub/files/201712410.op2.pdf
The post 11th Circuit: Text message not “notice or advertisement” for CP appeared first on Florida Action Committee.
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Author: Florida Action Committee
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