John Conyers: “Members of the committee, H.R. 4120, the Effective Child Pornography Prosecution Act, addresses a truly unfortunate and…”

“Members of the committee, H.R. 4120, the Effective Child Pornography Prosecution Act, addresses a truly unfortunate and, in my view, wrongly decided decision by the 10th Circuit Court of Appeals in the case of United States v. Schaefer. Now, while the defendant was found to be in the possession of child pornography, the court nevertheless reversed his conviction because it concluded that the statute required, and the government had failed to prove, that the contraband had actually crossed State lines. This statute in question makes it illegal to possess child pornography "in commerce." The court held that this phrase, "in commerce," meant that Congress intended that the contraband had to actually cross State lines. Had the statute instead used the phrase "in or affecting interstate commerce," the court held, the conviction would have been upheld, as that phrase is well understood as reflecting Congress' intent to use the full reach of its constitutional commerce clause power. H.R. 4120 makes clear that the Congress intends that the prohibitions against child pornography reach the full extent of its constitutional authority.”