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Child Pornography: Supreme Court
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Ingwald Johnson, 57, of Plymouth, Ind., who fled the country after pleading guilty in 1998 to child pornography charges, has been arrested in Turkey and is expected to soon be returned to Indiana. He was taken to the island of Cyprus, where he is being held pending a formal extradition, said Marshall County Prosecutor Curt Palmer. In 1999, the U.S. and Cyprus, an island over which Turkey has half control, signed an extradition treaty. Johnson skipped out on a court-ordered sentence after pleading guilty to child exploitation, a Class D felony, and two misdemeanor charges of possession of child pornography. Johnson had admitted in court that he photographed a 15-year-old boy engaging in sexual conduct with a 16-year-old girl.
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Child pornography differs from pornography depicting adults in that adult pornography may only be regulated if it is obscene. In MILLER V. CALIFORNIA, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973) the U.S. Supreme Court ruled that pornography depicting adults is obscene if (1) the work, taken as a whole by an average person applying contemporary community standards, appeals to the prurient interest; (2) the work depicts sexual conduct in a patently offensive way; and (3) the work, when taken as a whole, lacks serious literary, artistic, political, or scientific value. In contrast, child pornography can be banned without regard to whether the pornographic depictions of minors violate contemporary community standards or otherwise satisfy the Miller standard for OBSCENITY.
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A federal judge sentenced Frank Buttich, a former high school teacher from Mercer County, N.J., to 38 months in prison for transmitting child pornography over the Internet. The former Trenton Central High School teacher has been under house arrest since November 2000, when he traveled to Burlington County for a sexual encounter with the supposed girl, according to court papers. He pleaded guilty in June to a single count of transmitting child pornography and agreed to forfeit his computer and camera equipment as part of his plea agreement.
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Sharpe was arrested in 1995 and charged with two counts of possession of child pornography and two counts of distributing child pornography. In January 1999, the British Columbia Supreme Court acquitted him of possession of child porn. Five months later, the British Columbia Court of Appeal upheld the acquittal, saying the Criminal Code section on possession of child pornography "is truly one step removed from criminalizing simply having objectionable thoughts."
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The Act provides separate controls on child pornography. Under this Act, it is a criminal offence to take, permit to be taken, distribute, show, advertise or possess for distribution any indecent photograph or pseudo-photograph of a child under the age of 16. The legislation does not define “indecent” and it is left to the courts to interpret its meaning.
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The charges against Elms stem from German authorities' investigation of a child pornography operation there a year ago, officials said. Immigration investigators in Virginia traced e-mails to Elms, then forwarded information to the Cincinnati immigration officials, court records indicated.
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