William F. Smith: “Mr. Speaker, H.R. 4623, the Child Obscenity and Pornography Prevention Act of 2002, is a bipartisan piece of legislation…”

“Mr. Speaker, H.R. 4623, the Child Obscenity and Pornography Prevention Act of 2002, is a bipartisan piece of legislation that was passed by the Committee on the Judiciary 22 to 3. Mr. Speaker, H.R. 2623 responds to the Ashcroft v. Free Speech Coalition Supreme Court decision. This decision will have a devastating effect on the prosecution of child pornographers who are so often child molesters as well. Just this month, a doctor in San Antonio appealed his conviction for possessing child pornography. The appeal came after the Free Speech Coalition decision and challenged the conviction because the government was not required to prove that the children depicted in his pornographic images obtained on-line were real. The San Antonio Express-News reported that these appeals are occurring nationwide. Mr. Speaker, this legislation addresses the concerns of the Supreme Court. Specifically, this bill narrows the definition of child pornography and amends the obscenity laws to address virtual and real child pornography that involves visual depictions of pre-pubescent children. It also creates new offenses against providing children obscene or pornographic material.”