Evidence Insufficient To Constitute “Distribution” of Kiddie Porn!

David Husmann placed various images of child pornography in a shared computer folder connected to a file sharing network. For that, Husmann was charged with distributing child pornography, in violation of 18 U.S.C. §2252(a)(2). At his trial, the government failed to adduce evidence that anyone either downloaded or obtained the kiddie porn that Husmann made available via his file sharing program. Husmann was convicted of distributing child pornography and sentenced to serve 20 years in prison.

On appeal, the Third Circuit found that the act of placing child pornography in a shared folder, without more, may amount to “offering to distribute,” in violation of §2251(d)(1)(A) and “attempted distribution,” in violation of §2251(b)(1); however, it does not constitute “distribution,” within the meaning of §2252(a)(2). As a result, the Third Circuit ruled the district court committed plain error by denying Husmann’s motion for acquittal and vacated his distribution convictions.

http://www2.ca3.uscourts.gov/opinarch/132688p.pdf

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