Legal Memorandum: Sexual Exploitation and Possession of Child Pornography

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To: (Attorney) From: (Paralegal) Date: December 4, 2014 Case: Oliver v. State RE: Possession of Child Pornography and Sexual Exploitation ASSIGNMENT You asked me to research all Wyoming State Supreme Court cases and draft an interoffice memorandum on whether an alleged offender can be found guilty for the consensual possession and sale of nude photos taken of his minor girlfriend. ISSUE Under Wyoming law, can a person be found guilty of sexual exploitation of a child and possession of child pornography when he engages in the consensual production of sexually explicit material of a minor child for sale to a pornographic website? FACTS Our office represents the Prosecution, the District Attorney’s Office for the State of Wyoming, in an appeal made by Defendant, Mark Oliver, involving his conviction of sexual exploitation of a child and possession of child pornography. Under Wyo. Stat. Ann. § 6-4-303 (LEXIS 1977), “child” means a person under the age of eighteen (18). “Child pornography” means any visual depiction, including any photograph, film, video, picture, computer or computer-generated image or picture, whether or not made or produced by electronic, mechanical or other means, of explicit sexual conduct, where: (a) the production of the visual depiction involves the use of a child engaging in explicit sexual conduct. Under Wyo. Stat. Ann. § 6-4-303(b) (LEXIS 1977), “sexual exploitation of a child” is defined as the sexual abuse of children and youth through the exchange of sex or sexual acts for drugs, food, shelter, protection, other basics of life, and/or money. Sexual exploitation includes involving children and youth in creating pornography and sexually explicit websites. The primary witness for the State of Wyoming is Holly Meyers, currently an 18-year-old full-time college student in Laramie, Wyoming. She is currently dating

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