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Criminal Procedure Keyed to Dressler
Jacobson v. United States
Citation:
503 U.S. 540, 112 S.Ct. 1535, 118 L.Ed.2d 174.Facts
The defendant, a 56 year old veteran-turned-farmer, purchased two magazines and a brochure from an adult bookstore in February 1984. The magazines contained photographs of nude preteen and teenage boys. The contents of the magazines startled the defendant, who testified that he had expected to receive photographs of young men who were over the age of 18.
The young men in the magazines were not engaged in sexual activity and his receipt of the magazines were legal under both federal and Nebraska law. Three months later, however, the law with respect to child pornography changed and the receipt through the mail of sexually explicit depictions of children became illegal.
For the next 2.5 years, two Government agencies, through five fictitious organizations and a bogus pen all, tried to get the defendant to break the new law. The government sent the defendant several brochures, mailings, materials, and questionnaires from the fake organizations. They also sent several anti-censorship solicitations. Eventually, the defendant placed an order for a pornographic magazine showing boys having sex and he was arrested upon it’s delivery. After his arrest, his home was searched. The Government found no materials other than what they had sent to him to indicate that he was actively interested in child pornography.
The defendant was convicted of breaking the new law after a trial.
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