United States Eighth Circuit

In a prosecution for publishing or causing to be published a notice that offered to distribute child pornography, denial of defendant's motion to dismiss for failure to state an offense is affirmed where the government expressly charged that defendant used the peer-to-peer file-sharing program Kazaa to cause a notice to be made, and that "the notice offered to display, distribute, and reproduce" child pornography in interstate commerce. In the context of the Kazaa program, placing a file in a shared folder with descriptive text is clearly an offer to distribute the file.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric A. Chase, Studio City, CA, for appellant.


• For Appellees:
  
• James C. Bohling, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., Philip M. Koppe, Cynthia L. Cordes, Asst U.S. Attys., on the brief), for appellee.