United States v. X-Citement Video, Inc.
| United States v. X-Citement Video, Inc. | |
|---|---|
| Argued October 5, 1994 Decided November 29, 1994 | |
| Full case name | United States v. X-Citement Video, Inc. |
| Citations | 513 U.S. 64 (more) 115 S. Ct. 464; 130 L. Ed. 2d 372 |
| Argument | Oral argument |
| Case history | |
| Subsequent | 982 F.2d 1285 (9th Cir. 1992), 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. As so interpreted, the statute is constitutional. Ninth Circuit reversed and remanded. | |
| Court membership | |
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| 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, on three charges of trafficking in child pornography, specifically videos featuring the underaged Traci Lords. In 1989, a federal judge found Gottesman guilty and later sentenced him 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, which, in turn, by a 7-2 vote, reversed the ruling of the Ninth Circuit on November 29, 1994, because the relevant sections could be interpreted in a way that is constitutional.