Thursday, March 01, 2007

Be Very Careful, Sen. Johnson

Apparently on the Boortz show this morning Sen. Eric Johnson (R-Savannah) promised to send the talk show host a copy of the Genarlow Wilson "sex tape". Only one problem with that plan. It may violate federal child porn statutes.

Here is how Title reads:

Any person who—
(1) knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct

Perhaps some of our legal eagles can clarify, just hypothetically of course, if Senator Johnson did indeed send such a tape through the mail whether this statute is applicable.

In the meantime, I have another question. How the heck does a politician get his hands on a piece of evidence from a criminal matter?


Fearless Leader said...

I am not a lawyer, nor do I play one on television, but I'm guessing that Sen. Johnson has been permitted to have a duplicate copy of the video through an agreement with the presiding court.

Moreover, I'm guessing that the video is no longer what it was prior to being entered into evidence. And having been blessed so by the court, laws regarding the evidence's possession and transport are different.

But that being said, while Johnson might have permission to view this evidence, I'm doubting seriously that Boortz has been afforded the same allowance. So if Johnson passed along the evidence, he'd still be in serious trouble.

griftdrift said...

Possibly true. But even so, wouldn't Sen. Johnson now be in possession of child porn?

Amber Rhea said...

Okay, I know at LEAST 3 lawyers read this blog... I am dying to hear a professional opinion!

Al_Davison said...

how sweet would it be for Senator Holier-Than-Though to be charged with distributing child pornography and end up on the registered sex offender list?! All just to try to prove a point to somebody who agrees with him 99.9% of the time, any way.

Let it be!