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18 U.S.C. Sec. 2252A(D) - AFFIRMATIVE DEFENSE TO CHARGE UNDER 18 U.S.C. Sec. 2252A(A)(5)

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
18 U.S.C. Sec. 2252A(D) — AFFIRMATIVE DEFENSE TO CHARGE UNDER 18 U.S.C. Sec. 2252A(A)(5) provides an affirmative defense to a charge under 18 U.S.C. Sec. 2252A(A)(5), which prohibits the possession of child pornography. This affirmative defense applies to any person who possessed or distributed the material for a bona fide educational, medical, or psychological purpose in the course of a lawful and recognized professional practice or research. There are two types of affirmative defense to a charge under 18 U.S.C. Sec. 2252A(A)(5): (1) a defense of lack of knowledge, and (2) a defense of bona fide purpose. The lack of knowledge defense states that the person did not know that the material was child pornography at the time of possession or distribution. The bona fide purpose defense states that the person possessed or distributed the material for a lawful and recognized professional purpose.

18 U.S.C. Sec. 2252A(D) — AFFIRMATIVE DEFENSE TO CHARGE UNDER 18 U.S.C. Sec. 2252A(A)(5) provides an affirmative defense to a charge under 18 U.S.C. Sec. 2252A(A)(5), which prohibits the possession of child pornography. This affirmative defense applies to any person who possessed or distributed the material for a bona fide educational, medical, or psychological purpose in the course of a lawful and recognized professional practice or research. There are two types of affirmative defense to a charge under 18 U.S.C. Sec. 2252A(A)(5): (1) a defense of lack of knowledge, and (2) a defense of bona fide purpose. The lack of knowledge defense states that the person did not know that the material was child pornography at the time of possession or distribution. The bona fide purpose defense states that the person possessed or distributed the material for a lawful and recognized professional purpose.

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No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C). No affirmative defense under subsection (c)(2) shall be available in any prosecution that in- volves child pornography as described in section. 2256(8)(C).Under § 2252, a defendant may only be convicted of one count of possession. — It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant—. Kallestad was convicted of numerous offenses including six counts charging violations of section 2252(a)(4)(B).2. Section 2252(b)(2) of Title 18, U.S.C., requires a. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Federal child pornography statutes are codified at 18 U.S.C. §§ 22512260. 18 U.S.C.. § 2252A(b)(1). 3(c)--strengthening the affirmative defense under 18 U.S.C. Sec.

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18 U.S.C. Sec. 2252A(D) - AFFIRMATIVE DEFENSE TO CHARGE UNDER 18 U.S.C. Sec. 2252A(A)(5)