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April 18, 2002 Posted: 1:13 PM EDT (1713 GMT)
WASHINGTON (CNN) -- The U.S. Supreme Court Tuesday struck down a 6-year-old law that prohibits the distribution and possession of virtual child pornography that appears to -- but does not -- depict real children.
The law had banned a range of techniques -- including computer-generated images and the use of youthful-looking adults -- which were designed to convey the impression of minors engaging in sexually explicit conduct.
The 6-3 ruling says the law violates the First Amendment guarantee of freedom of speech. The decision hands a major setback to the Justice Department and the majority of Congress in their legislative efforts to fight child pornography.
Writing for the majority, Justice Anthony Kennedy said key provisions of the Child Pornography Prevention Act of 1996 were "overbroad" and infringed on established protections of material with artistic value that does not violate community standards.
"Pictures of what appear to be a 17-year-old engaging in sexually explicit activity do not in every case contravene community standards," the court said.
"The (Act) also prohibits speech having serious redeeming value, proscribing the visual depiction of an idea -- that of teenagers engaging in sexual activity -- that is a fact of modern society and has been a theme in art and literature for centuries."
The opinion cited several artistically significant instances in which teenage sex was portrayed, including William Shakespeare's play "Romeo & Juliet," and the recent movies "Traffic" and "American Beauty."
Kennedy was joined by justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Clarence Thomas wrote a separate opinion agreeing with their conclusion.
Justices Sandra Day O'Connor, in a dissent, disagreed with much of the majority opinion, and was joined by Chief Justice William Rehnquist and Antonin Scalia.
In a separate dissent Rehnquist, backed by Scalia, strongly disagreed with the majority, saying "the computer-generated images are virtually indistinguishable from real children."
The ruling came in a case named Ashcroft v. The Free Speech Coalition. U.S. Attorney General John Ashcroft and President George W. Bush's Justice Department inherited defense of the law from former Attorney General Janet Reno and the President Clinton Justice Department, which had defended the law in the lower courts.
The Free Speech Coalition is comprised primarily of a trade association of publishers of pornographic materials.
Ashcroft said he was disappointed by the court's decision.
"This morning the United States Supreme Court made our ability to prosecute those who produce and possess child pornography immeasurably more difficult," Ashcroft said.
Ashcroft said the Justice Department would use every resource to prosecute child pornography cases and said child pornographers "will find little refuge in today's decision."
He said he would work with Congress to pass new laws that would survive the court's scrutiny.
"I believe today's opinion and the Constitution leave open legislative avenues to protect our children from harm and we will seek to develop the means to do so with legislative endeavor," Ashcroft said.
Still to be decided by the Supreme Court this spring is another case involving a separate law, which specifically restricts the access of minors to sexually explicit material on the Internet.
FindLaw opinion database: Supreme Court opinions from 1893-2002
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The U.S. Supreme Court voted 6-3 to strike down the ban on virtual child pornography, saying the law violated the First Amendment right of free speech. CNN's Kelli Arena reports (April 17)
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(Courtesy of the Polk County Sheriff’s Office)
Updated: Jul 8, 2022 / 12:30 PM EDT
(Courtesy of the Polk County Sheriff’s Office)
Updated: Jul 8, 2022 / 12:30 PM EDT
POLK COUNTY, Fla. (WFLA) — Polk County detectives announced Friday they arrested five people on hundreds of combined child phonography charges at the end of June.
The Polk County Sheriff’s Office said they arrested Jerry Wilson, 59, of Mulberry, Christopher Montalvo, 26, of Lakeland, Shane Dugan, 21, of Lakeland, Demian Veliz, 55, of Davenport and Bryant Whatley, 19, of Lake Alfred.
The arrests were made after PCSO said they got tips from the National Center for Missing and Endangered Children about suspects possibly transmitting or downloading harmful images.
Deputies said they found child porn on each of the suspects’ devices after serving search warrants at each of their homes. Some images were of children as young as six months old being sexually battered, according to PCSO.
“Through our partnership with NCMEC and concerned citizens who saw something and said something, we are able to take criminals who engage in the child pornography trade off the street,” Polk County Grady Judd said. “Those who buy, sell, trade, and download child sex abuse images support lead to further child abuse and create more child victims. Please, if you see something while you are online or on mobile apps, say something. Contact your local law enforcement agency or go to NCMEC’s CyberTipline at https://report.cybertip.org/ to report suspicious online activity.”
Detectives said Wilson was actively downloading child pornography when they served a search warrant on his home. He faces 330 counts of enhanced possession of child pornography. He also allegedly told detectives he’d been watching child pornography his whole life.
He was taken to the Polk County Jail on July 1 and is being held on a $4.9 million bond.
Montalvo faces 120 counts of enhanced possession of child pornography and one count promoting a sexual performance by a child. He was taken to the Polk County Jail on June 27 on a $1.2 million bond.
Dugan faces 10 possession of child pornography charges. Veliz was charged with seven counts of possession of child pornography and one count promoting a sexual performance by a child. Whatley faces possession of child pornography and promoting a sexual performance by a child charges.
Detectives said none of the images found appear to be of Polk County children and they are working to identify them.
More charges could be filed if more images are found. The investigation is ongoing.
Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
West Chester child porn ‘collector’ sent to state prison
PUBLISHED: July 7, 2022 at 12:48 p.m. | UPDATED: July 8, 2022 at 6:32 a.m.
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WEST CHESTER—The man who told police that he had been gathering pornographic material that involved children for more than two decades has been sentenced to a state prison term, even though he suffers from significant health problems and had asked to be allowed to serve his time on house arrest.
On Wednesday, Common Pleas Judge Patrick Carmody ordered John Sigismondi to spend six to 12 years in state prison on charges of possession of child pornography and to surrender all of the computer equipment he used to store a collection of millions of images or videos of child pornography at his home outside West Chester.
The sentence was less than the 10 to 20 years in prison that the prosecution asked for, the judge saying that he reduced the amount of time he otherwise would have given because of Sigismondi’s age. He is 66. The 10 counts of child porn he pleaded guilty to in March each carry maximum terms of 10 years in state prison, meaning that there was the possibility he could have been sentenced to 100 years in jail.
But it was far more significant than the 11-1/2 to 23 months in Chester County Prison that Sigismondi’s attorney had asked for, pleading for leniency because of her client’s poor health, his acceptance of responsibility in the case, and his continuing treatment for pedophilia.
The Westtown resident suffers from heart problems, kidney disease and esophageal cancer, and has diabetes, she said.
“There are numerous mitigating factors to be considered in this case, some of which are matters of life and death for Mr. Sigismondi,” wrote attorney Christine P. Lora of the Ciccarelli Law Offices of West Chester, who represented him at the sentencing. She asked for a lower sentence than what the prosecution wanted, one “that imposes a justified consequence while leaving space for rehabilitation, and the possibility that he may continue to care for himself in the future.”
Sigismondi asked that he be allowed to delay his reporting date to prison, but Carmody rejected the request. He was led from the courtroom in handcuffs.
The defendant, who worked at a local pharmacy and was praised by his co-workers in letters to the judge as a helpful and friendly presence at the store, pleaded guilty in March after having been arrested in 2020 at his home following a tip to the Chester County Detectives about a subject uploading child sexual abuse material to a computer via an American Online account.
According to Assistant District Attorney Christine Abatemarco of the D.A.’s Child Abuse Unit, the detectives were able to uncover a trove of illegal images and recordings on a variety of computer and digital devices found during their search that ran into the millions.
When Detective Benjamin Martin searched the house on Dec. 21, 2020, he found somewhere near 1,000 computer discs with pornographic images on them. In an interview, Sigismondi admitted that he had been collecting and trading child porn over the internet since the 1990s when he was on his 40s
Abatemarco said that among those materials found were photos of a young boy aged between 4 and 7 years old lying naked on top of an adult man, and two other boys, ages between 10 and 14, having sex with one another.
In her pre-sentencing memo to Carmody, Abatemarco noted the on-going victimization of those children who are photographed or recorded by chid pornographers and pedophiles.
“The children in these images and videos were horribly abused and violated by those perpetrating the abuse,” she wrote. “These children are further victimized each time these materials are shared and viewed.”
The prosecutor asked Carmody to send Sigismondi to state prison for a minimum of 10 years even though she acknowledged that he had never acted on his sexual attraction to young children.
“There is always concern about the level of risk one with sexual interest in children poses to the community,” adding that Sigismondi had admitted both to Martin and to his therapist that he is a pedophile.
“The defendant has been engaging on the conduct which brings him to court for nearly 30 years,” Abatemarco wrote in her memo. He needs to be supervised, she said, “for the remainder of his natural life.”
To contact staff writer Michael P. Rellahan call 610-696-1544.
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