United States v. X-Citement Video
| United States v. X-Citement Video, Inc. | |
|---|---|
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| Argued October 5, 1994 Decided November 29, 1994 |
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| Full case name | United States v. X-Citement Video, Inc. |
| Citations | 513 U.S. 64 (more) |
| Subsequent history | 982 F.2d 1285, reversed. |
| Holding | |
| Conviction under federal statute prohibiting use of minor in pornographic film and distribution of same requires proof of knowledge that performer was a minor at time of production. Ninth Circuit reversed and remanded. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by Stevens, O'Connor, Kennedy, Souter, Ginsburg, Breyer |
| Concurrence | Stevens |
| Dissent | Scalia, joined by Thomas |
United States v. X-Citement Video, Inc., 513 U.S. 64 (1994) was a federal criminal prosecution filed in the United States District Court for the Central District of California in Los Angeles against X-Citement Video and its owner Rubin Gottesman. The charge was trafficking in child pornography, specifically videos featuring the underaged Traci Lords. Gottesman had been sentenced to one year in jail and a $100,000 fine.
The defense challenged the constitutionality of certain sections of the federal laws against child pornography, claiming they were unconstitutionally vague. On appeal, the United States Court of Appeals for the Ninth Circuit agreed and reversed the district decision in 1992.
The case was appealed again to the Supreme Court, who reversed the ruling of the Ninth Circuit on November 29, 1994 because the relevant sections could be interpreted in a way that is constitutional.
In 1986, federal authorities discovered that actress Traci Lords had made pornographic movies while underage. This incident formed the basis of several actions against people working in the pornography industry.
Rubin Gottesman owned X-Citement Video. In June 1986 he was visited by Los Angeles Police Officer Steven Takeshita and FBI Agent Nellie Magdaloyo. They posed as pornography retailers who wanted to buy videos from him. They made several more visits that year, culminating in Gottesman sending Traci Lords videos to Hawaii in early 1987. In the course of the investigation, they witnessed Gottesman giving acknowledgement of prior knowledge that Lords was underage during the making of those movies.
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