· 2/11/2009
United States v. Raplinger
Citations
- 555 F.3d 687
- 2009 U.S. App. LEXIS 2498
- 2009 WL 322031
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that producing a visual depiction need not be the defendant’s “sole purpose for engaging in the sexual activity”
- emphasizing the need to focus on “what the material portrays” rather than permitting the defendant to avoid the enhancement on the basis that, despite the depiction of bondage, the minor was not actually in pain
- affirming sentence of 457 months and 10 days’ imprisonment, “essentially equivalent to a life sentence,” for sexual exploitation of a child, distribution of child pornography, and possession of child pornography with a 15-year-old victim
- “The enhancement ... applies to material depicting sadistic, masochistic, or violent conduct even if those pictured were not truly engaging in painful activities.”
- “The government need not prove that producing the photographs was [defendant’s] sole purpose for engaging in the sexual activity.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Gibson, Melloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.