What is the current state of the law on distribution of child pornography?
The following excerpt is from U.S. v. Johnson, 221 F.3d 83 (2nd Cir. 1999):
5. In contrast, the distribution enhancement did find support in very recent caselaw. On February 2, 1999, the day before the government's change of position, United States v. Lorge, 166 F.3d 516 (2d Cir.), cert. denied, 119 S.Ct. 1372 (1999), held that the distribution enhancement is appropriate where an individual transfers graphic images of child pornography to other individuals regardless of pecuniary gain. The government properly informed the district court of that decision on February 5.
5. In contrast, the distribution enhancement did find support in very recent caselaw. On February 2, 1999, the day before the government's change of position, United States v. Lorge, 166 F.3d 516 (2d Cir.), cert. denied, 119 S.Ct. 1372 (1999), held that the distribution enhancement is appropriate where an individual transfers graphic images of child pornography to other individuals regardless of pecuniary gain. The government properly informed the district court of that decision on February 5.
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