United States Of America v. United States District Court For The Central District Of California (Kantor)

858 F.2d 534 (1988)

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Nature of the Case

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Facts

Souter, Jr. hired 16-year-old Traci Lords to appear in a film to be produced by defendants Kantor (D) and McNee (D). The film, Those Young Girls, was produced on August 2, 1984, and showed Lords engaging in sexually explicit conduct. P does not claim that the film is obscene under the standard of Miller v. California. The theory of the prosecution is that Ds may be punished for producing nonobscene films that depict minors engaging in sexually explicit conduct. (New York v. Ferber). Ds claim that they were seriously misled. Lords and her agent perpetrated a massive fraud whereby Lords successfully passed herself off as an adult. Ds proposed to introduce evidence of the charade at trial. P moved in limine to bar the evidence because knowledge of the minor's age is not an element of the offense as defined by section 2251(a). P argued good-faith mistake could not be a defense. Ds moved to dismiss the indictment for failure to specify knowledge of the minor's age as an element, arguing that the statute would violate the first amendment and due process if the government were not required to prove scienter as part of its prima facie case. The court disagreed with both sides and held that strict liability for criminal offenses appears to be justified only '(1) where the legislature grants the privilege to engage in the activity; (2) where the deterrent effect of a severe penalty is necessary to prevent harm to the public interest; and (3) where basic notions of fairness are not upset by criminal conviction.' The district court ruled that Ds would be allowed to present their evidence. P petitioned for a writ of mandamus.