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Posted: 12:41 PM Nov 13, 2007
Boyda's Child Porn Bill Heads to a Vote
Bill would fix a loophole in the federal child pornography laws that led to a man's conviction being overturned in 2005.
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The House of Representatives will vote on a bill brought to the floor by second District Congresswoman Nancy Boyda that closes a loophole in the Federal child pornography laws.
"As concerned citizens, parents, and Members of Congress, we must do all we can to keep our children safe," said the freshman Democrat. "That means we must make a commitment to being tough on crime."
In her speech before Congress, the Congresswoman plans to cite the case of William Schaefer, who was freed in 2005 because of the loop hole.
According to Boyda, Schaefer had been convicted of "knowingly receiving" and "knowingly possessing" child pornography. That conviction was overturned on appeal, though, when the court ruled that the law, as it was written, did not fully satisfy the Interstate Commerce Clause of the Constitution.
The new bill adjusts the language of the previous bill to expand it from actual transmission between states to include any instance that "affect(s) commerce" or a "facility of interstate commerce."
The bill is the Effective Child Pornography Prosecution Act of 2007, H.R. 4210.
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