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CRIMINAL PRACTICE because it proscribed only child pornography depicting actual children as opposed to computer images, Texas’ child pornography statute was not unconstitutionally vague or overbroad, Texas’ 2d District Court of Appeals held on May 29. Webb v. Texas, No. 06-02-279-CR. After police seized more than 7,000 images of child pornography in his home, Joseph Webb was convicted of possession of child pornography, and sentenced to 10 years in prison. Relying on the U.S. Supreme Court’s 2002 decision in Ashcroft v. Free Speech Coalition, Webb appealed, arguing the Texas law was unconstitutionally vague and overbroad because it did not distinguish between actual and computer-generated images. Affirming, the appeals court said, “There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the statute is not vague or overbroad.”

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