The Child Pornography Act of 1996, (18 U.S.C. sec. 2256(8)(A) and 18 U.S.C. sec. 2256(8)(D))which bans depictions “which appear to be” or “convey the impression” of minors engaged in sexually explicit conduct violates the First Amendment. Such prohibitions against “virtual child pornography” (so called because the images are not of real persons, but are computer generated or which involve adult actors who appear to be minors) are overbroad.
Case Summaries