Oregon Court of Appeals: Touching prohibitions violate state constitution’s free speech provisions
City of Salem v. Lawrow, No. 07C40103;A136955, 2009 WL 5125498 (Or. App. Dec. 30, 2009)
8th Circuit: “Travelled in interstate commerce” means “crossed state lines” in child porn prosecution and mistake of age defense was properly precluded
U.S. v. McCloud, No. 09-1520, 2009 WL 5092941 (8th Cir. Dec. 29, 2009)
8th Circuit: Intentional viewing of child porn is knowing possession and images alone may prove it is real child porn
U.S. v. Kain, No. 08-3396, 2009 WL 4909534 (8th Cir. Dec. 22, 2009)
Arizona Court of Appeals: Residents’ personal knowledge and experience adequately supported denial of SOB use permit
Treulich’s Plaza, LLC v. City of Phoenix, No. 1 CA-CV 09-0025, 2009 WL 4981478 (Ariz. App. Div. 1, Dec. 22, 2009)
5th Circuit: Denial of restitution to child porn victim was not “indisputably wrong” where causation was in question
In re Amy, No. 09-41238, 2009 WL 4928376 (5th Circ. Dec. 22, 2009)
“Rabbit” Hunting in the Supreme Court: The Constitutionality of State Prohibitions of Sex Toy Sales Following Lawrence v. Texas
“This Note . . . supports the Eleventh Circuit’s interpretation of Lawrence in Williams v. Attorney General of Alabama as a means of limiting the Lawrence decision and preserving traditional state authority to democratically police the borders of accepted sexual behavior in preservation of public morality.”
The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders
Abstract: This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.
New prostitution law cuts into business at RI strip clubs
“Bouncers patrol dimly lit alcoves where topless women socialize with customers. The curtains that offered a measure of privacy in the ‘VIP rooms’ are gone. And signs posted throughout the Charles Street club read: ‘Prostitution is illegal.’”
TX: Alleged “adult store” near Bentwater closes its doors
“A store located near the entrance to Bentwater that sold adult videos and other sexually suggestive items closed its doors last week in the wake of complaints by some Bentwater residents that the store was a bad fit for the community.”
Law Review: Florida’s Regulation of Child Exploitation: Senate Bill 1442
“This article discusses the history and issues surrounding child exploitation laws and the changes SB 1442 intends to make. This article will first present an overview of the child exploitation problem and discuss the development and progression of legislation both federally and in the State of Florida. Next, this article will analyze the constitutionality of SB 1442. In order to determine the constitutionality of SB 1442, this article will discuss both the First Amendment and the Commerce Clause of the United States Constitution. This article will additionally evaluate the impact of SB 1442 on the victims and the State of Florida. Finally, this article will conclude with recommendations toward any present or potential concerns surrounding SB 1442.”
