Cyberporn Essay - California and Lewd Matter to a Minor Over the Internet

Cyberporn Essay - California and Lewd Matter to a Minor Over the Internet

Length: 653 words (1.9 double-spaced pages)

Rating: Excellent

Open Document

Essay Preview

More ↓

California and Lewd Matter to a Minor Over the Internet


On August 3, 2000, the California Court of Appeals for the First Appellate District, Division Five, affirmed the conviction of defendant on two counts of attempting to distribute or exhibit lewd matter to a minor via the Internet.(People) This essay explores the development of this verdict.


The Court rejected defendant's Commerce Clause and First Amendment challenges to Cal. Pen. Code §§ 288.2(b) which makes it a crime for every person "who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail, the Internet ..., to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony."(Ibid)


Pursuant to an undercover investigation on the Internet, defendant initiated two "instant messages" with a detective posing as a 14 year old boy. During the electronic conversations, defendant sent photographs, made an offer to engage in specific sexual acts and invited the boy to meet him at his house.

The Court held Section 288.2(b) did not violate the Commerce Clause because "no legitimate commerce would be burdened by penalizing the transmission of harmful sexual material to known minors in order to seduce them."(Ibid)


Rejecting defendant's argument that the statute subjects Internet users to inconsistent regulations, the Appeals Court distinguished the instant statute from the law challenged in American Libraries Ass'n. v. Pataki, 969 F. Supp. 160 (S.D.N.Y. 1997).(American)


The Pataki Court held the New York statute violated the Commerce Clause because "The nature of the Internet, like that of rail and highway traffic, requires a 'cohesive national scheme of regulation so that users are reasonably able to determine their obligations.'" Absent national regulations, according to Pataki, Internet users would be subject to inconsistent local statutes regulating the content of their communications.


The California Appeals Court found determinative the "knowledge" and "intent" elements missing from the New York statute, but present in Section 288.

How to Cite this Page

MLA Citation:
"Cyberporn Essay - California and Lewd Matter to a Minor Over the Internet." 23 Jan 2019

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Management Minor At The University Of California Essay

- I am applying to management minor at the University of California, Irvine is to highlight my business skills and experience. As a management minor, it will help me a lot to get some real world business experience along with it will also help me to make better decision in my life. Also, I choose to do management minor because I come from a family with a business background, where in the future, I might be able to join them in the business. However, my father and my father brother do not have that much experiences, since they did not have a chance to take those business courses, as I could....   [tags: Management, Leadership, Organizational studies]

Research Papers
955 words (2.7 pages)

California Dreaming Essay

- California is the state that is notable for celebrities, consistent sunny weather, lavishly tasting restaurants, overpriced closet apartments, and dazzling cities full of charismatic gurus. Additionally, there's an eminent array of hipster communities that are striving to be different with attempts of transcending new ways to be outgoing. The liveliness of Californians usually comprises of wannabe musicians, actors, artistic exhibitionist, and other infamous people who are dying for their fifteen minutes of fame....   [tags: California Essays]

Research Papers
1279 words (3.7 pages)

Minor League Baseball Players Salaries Essay

- The one thing every single minor league baseball player has in common is their salary. Everyone is out there doing everything they can to make their dreams come a reality, but it is tougher when they compensated poorly. Minor league baseball players receive only 20 dollars a day for meal money. Why do grown men, professional baseball players get paid so little. Major League Baseball is a business like any other, but players in the minor leagues are technically not exempt employees under the Fair Labor Standards Act....   [tags: Major League Baseball, Minor league baseball]

Research Papers
1618 words (4.6 pages)

Essay about California: My Biggest Disappointments Ever

- My visions of California before taking this course is a sunny, beautiful, happy and carefree place and those visions are partly because I visited there nine years ago. Upon my visit I concluded that I would eventually move there when I'm ready to start a family. My visit to California had left a tainted image in my mind, an image of a place where I could leave all my cares behind in hopes of staring anew, but what has left me speechless is the fact that I have no memory of particular events that lead me to this strange obsession over the state....   [tags: California essay]

Research Papers
1044 words (3 pages)

The State Of California And The United States Essay

- During the past decade, the state of California has been one of the fastest growing economies of the United States. The substantial growth has positioned California as the top one economy in the United States, with a gross domestic production of approximately 2.3 trillion dollars for the fiscal year 2014. The state of California has also ranked number eight in the largest world economies, passing countries like Italy and Russia (Young, 2014). Although many factors have led to this growth, the most influential have been related to the high investment of private industries and the increases on international trade and the real estate sector....   [tags: Unemployment, Economics, United States, California]

Research Papers
949 words (2.7 pages)

Impact of Visist California in Tourism Essay

- Visit California is a nonprofit organization that was formed in 1998 at a governmental state level that encourages tourism to California. The organization is run by the executive committee and board members. The mission of the organization is “to develop and maintain marketing programs — in partnership with the state's travel industry — that keep California top-of-mind as a premier travel destination” (About Visit California, 2014). The 37 members Visit California commission include individuals from all 12 regions of California and they manage all properties of those regions (About Visit California, 2014)....   [tags: funding, non profit, tourism, california]

Research Papers
1343 words (3.8 pages)

Essay on The California Ethos

- ... Next, the gold-seekers didn’t concern about their safely issue for finding gold at the riverbeds, mountains or even tunnels with poor weather and bad environment conditions. For them, time was money. They kept working days and nights to achieve their dream and only concerned how much did they gain in California to improve their living standard. Second, I believe that the ethos of persistence was developed in the beginning when the gold-seekers decided to come California for a luck. The gold-seekers spent a long and tough journey from their hometown to arrive in San Francisco with nothing and separated with the families indeed....   [tags: California Gold Rush, immigration, west coast]

Research Papers
882 words (2.5 pages)

California State Legislature Essay

- 1. LA Department of Water and Power The Los Angeles Department of Water and Power (DWP) is the largest municipal utility in the United States. It is serving over four million residents. It was founded in 1902 to supply water and electricity to residents and businesses in Los Angeles and surrounding communities. 2. Missouri Plan The Missouri Nonpartisan Court Plan or Missouri Plan for short is a method of selecting judges. It originated in Missouri in 1940 and several other states have adopted the same policy....   [tags: Missouri Plan, California, Prop 140, ]

Research Papers
1324 words (3.8 pages)

The Gold Rush of California Essay

- In the United States, there would be a new overhaul to its identity. By 1848, businesses would eventually see a new and prosperous way to make money. The U.S. also began to see a few cultures begin to spark and the attitudes of people would change, especially their views about taking risks. This overhaul is known as the Gold Rush of California. The Gold Rush made an impact on American society through diversity and people.      The traditional beginning of the Gold Rush was the story of James Marshall....   [tags: The California Gold Rush]

Free Essays
3391 words (9.7 pages)

Religion in Southern California Essay

- Today in California we are blessed with such diversity and ethnical outlooks that make this state what it is today. However, the diversity didn't just popped up out of the ground and grows. It has come from along line of dedication and work, through community and most of all church. Churches like Saddleback, First A. M. E, and now more recently Dream Center and many others. Technology is helping lead the way for many of these churches both new and old. The new ideas of the Southern Californian Protestant churches are beginning to liven up the churches with music, dance, and picture and paintings....   [tags: Church Religion California]

Free Essays
1228 words (3.5 pages)

Related Searches

2(b). The Court stated, "Only when the material is disseminated to a known minor with the intent to arouse the prurient interest of the sender and/or minor and with the intent to seduce the minor does the dissemination become a criminal act." The Court concluded that the prohibition against Internet use for these specifically defined and limited purposes does not burden interstate commerce by subjecting Internet users to inconsistent regulations.


The Court also held that the statute does not regulate behavior occurring outside California, stating, "When Section 288.2(b) is harmonized with the entire California penal scheme, it does not effectively regulate activities beyond California. California prosecutes only those criminal acts that occur wholly or partially within the state...Section 288.2(b) makes no reference to place of performance, so courts must assume the Legislature did not intend to regulate conduct taking place outside the state."


The Court refused to follow ACLU v. Reno, 217 F.3d 162 (3d Cir. 2000), where the Third Circuit Court of Appeals affirmed the preliminary injunction enjoining the Child Online Protection Act, finding no single "contemporary community standard" in cyberspace. The effect of which, that Court held, would force a web site publisher to abide by the most restrictive and conservative community standards in order to avoid liability.

According to the California Appeals Court, the instant law "avoids COPA's unconstitutional overbreadth by gauging whether the published material is harmful to minors on the narrow basis of "contemporary statewide standards."



American Libraries Association v Pataki.

People v. HSU, No. A088201.
Return to