United States v. Park, No. 18-3017 (D.C. Cir. 2019)Annotate this Case
The DC Circuit held that the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act) was constitutional as applied to defendant, who was indicted for producing child pornography and sexually abusing a child while residing in Vietnam in 2015. The court reversed the district court's dismissal of the indictment and held that each of the provisions of the Act that defendant challenged was rationally related to implementing the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.
The court held that the provisions of the PROTECT Act that criminalize child sexual abuse and production of child pornography by U.S. citizens living abroad help to fulfill the United States' responsibility under the Optional Protocol to criminalize, "as a minimum," child prostitution and child pornography production by U.S. nationals wherever that conduct occurs. Furthermore, the Foreign Commerce Clause supports application of U.S. law to economic activity abroad that could otherwise impair the effectiveness of a comprehensive regulatory regime to eliminate the sexual exploitation of children.