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56 La. L. Rev. 937 (1995-1996)
United States v. X-Citement Video, Inc.: Stretching the Limits of Statutory Interpretation

handle is hein.journals/louilr56 and id is 949 raw text is: NOTES United States v. X-Citement Video, Inc.: Stretching the Limits of Statutory Interpretation? I. INTRODUCTION During the 1980's, X-Citement Video, Inc., and its owner, Rubin Gottesman, became targets of a pornography investigation by the Los Angeles police and the Federal Bureau of Investigation (FBI). During the course of the investigation, an undercover police officer, posing as a pornographic retailer, informed Gottesman that he was interested in acquiring pornographic films starring the minor, Traci Lords.' Gottesman sold the officer forty-nine tapes featuring Lords, all of which were produced before her eighteenth birthday. In addition, eight tapes were shipped to a FBI mail drop in Hawaii. The Government charged Gottesman with violating Section 2252 of the Protection of Children Against Sexual Exploitation Act of 1977 (the Act)2 which prohibits any person from knowingly engaging in the interstate transportation, shipping, receipt, distribution, or reproduction of visual depictions of minors engaged in sexually explicit conduct.3 The defense claimed that Section 2252 was unconstitutional because to prove guilt the Government had to only show that the defendant knowingly transported, shipped, received, distributed or reproduced visual depictions and not that the defendant knew the films starred Copyright 1996, by LOUISIANA LAW REVIEW. 1. At this time, the media had recently released stories that Traci Lords was a minor when she was filmed in many pornographic films. United States v. X-Citement Video, Inc., 115 S. Ct. 464, 465 (1994). 2. 18 U.S.C. § 2252 (1994). 3. Section 2252 provides in relevant part: (a) 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; (2) knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce through the mails if- (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and (B) such visual depiction of such conduct; shall be punished as provided in subsection (b) of this section. 18 U.S.C. § 2252(a) (1994) (emphasis added).