United States v. Fiscus

ORDER

CAMPBELL, District Judge.

Grand juries have indicted Defendants Robert Wayne Fiscus and Richard Barney under 18 U.S.C. § 2252A(a)(5)(B) for the knowing possession of images of child pornography that had been shipped, mailed, and/or transported in interstate and/or foreign commerce. 1 This matter comes before the court on Fiscus’s and Barney’s motions to dismiss on the grounds that § 2252A is unconstitutional.

Section 2252A is one provision of the Child Pornography Prevention Act of 1996 (“CPPA”). The CPPA was enacted to combat the use of computer technology to produce pornography that send…