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Child Pornography Conviction Affirmed

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By FindLaw Staff on April 16, 2010 12:28 PM

In US v. Lee, No. 08-17077, the court of appeals affirmed defendant's convictions for attempted enticement of a minor, attempted production of child pornography, and knowing receipt of child pornography, on the grounds that 1) it was possible for defendant to violate either 18 U.S.C. section 2422(b) or sections 2251(a) and (e) where he communicated with an adult intermediary and attempted to exploit two fictitious minor girls; and 2) a reasonable jury could have found that defendant committed the offenses charged in the indictment.

As the court wrote:  "The question presented by this appeal is whether sufficient evidence supports the convictions of Van Buren Lee for attempted enticement of a minor, 18 U.S.C. § 2422(b), attempted production of child pornography, id. § 2251(a), (e), and knowing receipt of child pornography, id. § 2252A(a)(2)(A). For several months, Lee communicated online with a postal inspector who was posing as "Candi Kane," the "open-minded mother of two beautiful [minor] girls." Lee and Candi repeatedly discussed whether, how, and when Candi would grant Lee sexual access to her daughters, and Lee produced and sent Candi and her daughters sexually explicit images of him. Eventually Lee and Candi spoke by telephone. Lee also requested that Candi produce and send to him sexually explicit photographs of her daughters in specific poses, which, so far as Lee knew, she did. Lee argues that he communicated only with an adult intermediary, he attempted to exploit only fictitious minors, he lacked the intent necessary to support his convictions, and his alleged speech without conduct did not establish the attempt crimes. We affirm."

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