Child Erotica (H 7737)

The distribution or display of constitutionally protected conduct cannot be elevated to a criminal offense solely because of how the person viewing it reacts, yet this bill would unconstitutionally punish individuals based on a prediction of how they respond to certain types of protected speech.

Although child pornography is a scourge, we opposed a piece of legislation that would carve out a new exception to the First Amendment criminalizing the possession or display of vaguely defined “child erotica” when used for the “specific purpose of sexual gratification . . . from viewing the visual portrayals.” The distribution or display of constitutionally protected conduct cannot be elevated to a criminal offense solely because of how the person viewing it reacts, yet this bill would unconstitutionally subject individuals to punishment based on a prediction of how they respond to certain types of protected speech.