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Criminal Procedure

The Catholic University of America, Columbus School of Law

Journal

2021

Child molestation

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Full-Text Articles in Law

Clarifying The Probable Cause Standard In The Internet Age For Crimes Involving Child Pornography, Justin Kenyon Feb 2021

Clarifying The Probable Cause Standard In The Internet Age For Crimes Involving Child Pornography, Justin Kenyon

Catholic University Law Review

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography. Within the last decade a clear divide has formed around the question of whether a prior conviction of child molestation can contribute to a …