“ * * * It has been found that sexually exploited children are unable to develop healthy affectionate relationships in later life, have sexual dysfunctions, and have a tendency to become sexual abusers as adults. [Citations omitted.] * * * [S]exually exploited children [are] predisposed to self-destructive behavior such as drug and alcohol abuse or prostitution * * *. [Citations omitted.] Sexual molestation by adults is often involved in the production of child sexual performances. [Citation omitted.] When such performances are recorded and distributed, the child's privacy interests are also invaded.”
“We consider it unlikely that visual depictions of children performing sexual acts or lewdly exhibiting their genitals would often constitute an important and necessary part of a literary performance or scientific or educational work. As a state judge in this case observed, if it were necessary for literary or artistic value, a person over the statutory age who perhaps looked younger could be utilized. Simulation outside of the prohibition of the statute could provide another alternative. Nor is there any question here of censoring a particular literary theme or portrayal of sexual activity. The First Amendment interest is limited to that of rendering the portrayal somewhat more ‘realistic’ by utilizing or photographing children.”
“It is unlawful for any person to knowingly possess any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he knows to include any sexual conduct by a child. Whoever violates this subsection is guilty of a felony of the third degree * * *.”
“Any person who knowingly possesses any obscene matter containing a visual reproduction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct shall be guilty of a Class C felony.”
“What is beyond question is that the Defendant did nothing more than possess within his home one or more magazines which depicted minors of unspecified age or sex, engaging in sexual activity. There is no indication, directly or by innuendo, that Meadows sold, produced, or disseminated the material possessed by him or participated in any activity that would broaden the accusation set forth in the Complaint.”
“The Miller standard, like all general definitions of what may be banned as obscene, does not reflect the State's particular and more compelling interest in prosecuting those who promote the sexual exploitation of children. Thus, the question under the Miller test of whether a work, taken as a whole, appeals to the prurient interest of the average person bears no connection to the issue of whether a child has been physically or psychologically harmed in the production of the work. Similarly, a sexually explicit depiction need not be ‘patently offensive’ in order to have required the sexual exploitation of a child for its production. In addition, a work which, taken on the whole, contains serious literary, artistic, political, or scientific value may nevertheless embody the hardest core of child pornography. ‘It is irrelevant to the child [who has been abused] whether or not the material ... has a literary, artistic, political or social value.’ Memorandum of Assemblyman Lasher in Support of § 263.15. We therefore cannot conclude that the Miller standard is a satisfactory solution to the child pornography problem.” (Emphasis added, footnote deleted.)
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