Reply #21: Read the decision, that is up to a Jury to decide. [View All]

[happyslug]

Was it murder when someone kills someone or self defense? Both involving the death of a person. The difference is one up to a Jury to decide based on the evidence presented to it. The same with your statement, is the picture based on the exploitation of minors as sexual beings (i.e. the models you mention) OR from exploitation of explicit sexual acts (i.e. the sex act itself)? That is why we have juries to decide factual issues. Once the Jury makes a decisions as to the facts, then and only then do issue of law arise. If the jury does NOT find sexual exploitation of actual sexual acts of minors, then the jury must find the defendant NOT guilty. If, on the other hand, the Jury finds that the Defendant had the INTENT to distribute pictures of minors that involve actual sex acts then he or she is guilty. Questions of facts are reserved to Juries in our system of Justice and the Court ruled that INTENT is one such finding of fact.

Thus Juries get to make this decision, and that why we have juries.