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The Child Pornography Law Requires the Use of Real Children

By Ron Chapman

           In the case of Kevin Jalbert versus the State of Florida, Mr. Jalbert was charged with committing the crime of unlawful possession of child pornography.  He filed a motion to dismiss his case in which he argued that the prosecutor had failed to prove that the photos in his case showed actual children (that is, individuals less than 18 years old) rather than computer-generated "virtual" children or adults resembling children.             The appellate court deciding Jalbert's case agreed with him that in order to convict him of the crime of unlawful possession of child pornography, the prosecutor was required to prove that the photos depicted actual children rather than computer-generated children or adults resembling children...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on February 21, 2011 (boomark / email).