video argued october decided november respondents convicted protection children sexual exploitation act prohibits knowingly transporting shipping receiving distributing reproducing visual depiction depiction involves use minor engaging sexually explicit conduct reversing ninth circuit held inter alia facially unconstitutional first amendment require showing defendant knew one performers minor held term knowingly modifies phrase use minor subsections act properly read include scienter requirement age minority rejects natural grammatical reading adopted ninth circuit knowingly modifies relevant verbs subsections extend elements minority performers sexually explicit nature material set forth independent clauses separated interruptive punctuation applications reading sweep within statute ambit actors idea even dealing sexually explicit material anomalous result assume congress intended moreover morissette reinforced staples instructs standard presumption favor scienter requirement apply statutory elements criminalize otherwise innocent conduct minority status performers crucial element separating page ii legal innocence wrongful conduct legislative history although unclear whether congress intended knowingly extend performer age persuasively indicates word applies sexually explicit conduct depicted thereby demonstrates knowingly emancipated merely modifying verbs subsections matter grammar difficult conclude word modifies one elements interpretation supported canon statute construed fairly possible avoid substantial constitutional questions pp reversed rehnquist delivered opinion stevens kennedy souter ginsburg breyer joined stevens filed concurring opinion scalia filed dissenting opinion thomas joined video chief justice rehnquist delivered opinion protection children sexual exploitation act amended prohibits interstate transportation shipping receipt distribution reproduction visual depictions minors engaged sexually explicit conduct appeals ninth circuit reversed conviction respondents violation act held act require defendant know one performers minor therefore facially unconstitutional conclude act properly read include requirement rubin gottesman owned operated video undercover police posed pornography retailers targeted video investigation course sting operation media exposed traci lords roles pornographic films age police officer steven takeshita expressed interest obtaining traci lords tapes gottesman complied selling takeshita videotapes featuring lords birthday two months later gottesman shipped eight tapes underage traci lords takeshita hawaii video two transactions formed basis federal indictment child pornography statute indictment charged respondents one count violating along one count conspiracy evidence trial suggested gottesman full awareness lords underage performances gottesman cr findings fact cd app pet cert defendants knew traci lords underage made films defendant sic transported shipped interstate commerce district convicted respondents three counts appeal gottesman argued inter alia act facially unconstitutional lacked necessary scienter requirement unconstitutional applied tapes issue child pornography ninth circuit remanded district reconsideration light thomas cert denied case ninth circuit held contain scienter requirement reached constitutional questions remand district refused set aside judgment conviction appeal second time gottesman reiterated constitutional arguments time reached merits claims divided vote found facially unconstitutional first held met constitutional standards setting age minority age substituting lascivious lewd prohibiting actual simulated bestiality sadistic masochistic abuse video discussed noting bound conclusion thomas construe act lacking scienter requirement age minority concluded case law required defendant must knowledge least nature character materials citing smith california new york ferber hamling extended cases hold first amendment requires defendant possess knowledge particular fact one performer reached age majority time visual depiction produced found statute require showing reversed respondents convictions granted certiorari reverse title ed supp provides relevant part person knowingly transports ships interstate foreign commerce means including computer mails visual depiction producing visual depiction involves use minor engaging sexually explicit conduct visual depiction conduct knowingly receives distributes visual depiction mailed shipped transported interstate foreign commerce contains materials mailed shipped transported means including computer knowingly reproduces visual depiction distribution video interstate foreign commerce mails producing visual depiction involves use minor engaging sexually explicit conduct visual depiction conduct shall punished provided subsection section term knowingly applies relevant verbs transporting shipping receiving distributing reproducing conclude congress wished distinguish someone knowingly transported particular package film whose contents unknown someone unknowingly transported package video seem odd say least congress distinguished someone inadvertently dropped item mail without realizing someone consciously placed item mail nonetheless unconcerned whether person knowledge prohibited contents package applications respondents position produce results merely odd positively absurd conclude knowingly modifies relevant verbs sweep within ambit statute actors idea even dealing sexually explicit material instance retail druggist returns uninspected roll developed film customer knowingly distributes visual depiction criminally liable later discovered visual depiction contained images children engaged sexually explicit conduct new resident apartment might receive mail prior resident store mail unopened prior tenant requested delivery materials covered residential successor prosecuted knowing receipt materials similarly federal express courier delivers box shipper declared contents film knowingly transports film assume congress passing laws intended results public citizen department justice turkette reluctance simply follow grammatical reading statute heightened cases interpreting criminal statutes include broadly applicable scienter requirements even statute terms contain landmark opinion morissette discussed common law history mens rea applied elements federal embezzlement statute video statute read whoever embezzles steals purloins knowingly converts use use another without authority sells conveys disposes record voucher money thing value hall fined cited morissette perhaps even obviously statute presently us word knowingly isolated position suggested attached verb converts required defendant intentionally assume dominion property used background presumption evil intent conclude term knowingly also required defendant knowledge facts made taking conversion property belonged see also gypsum ar simple omission appropriate phrase statutory definition necessary justify dispensing intent requirement liparota posed challenge federal statute prohibiting certain actions respect food stamps statute use knowingly read modify uses transfers acquires alters possesses read also modify manner authorized statute noting neither interpretation posed constitutional problems held scienter requirement applied elements invoking background principle set forth morissette addition concerned broader reading criminalize broad range apparently innocent conduct imposing criminal liability unwitting food stamp recipient purchased groceries store inflated prices purchasers struck beyond intended reach statute video analysis drove recent conclusion staples criminally liable defendant must know weapon possessed automatic firing capability make machine gun defined national firearms act congress expressly imposed mens rea requirement provision criminalizing possession firearm absence proper registration first rejected argument statute described public welfare offense traditionally excepted background principle favoring scienter morissette supra expressed concern statutory reading criminalize behavior defendant believed fell within long tradition widespread lawful gun ownership private individuals staples slip also emphasized harsh penalties attaching violations statute significant consideration determining whether statute construed dispensing mens rea slip applying principles think ninth circuit plain language reading plain first public welfare offense persons harbor settled expectations contents magazines film generally subject stringent public regulation fact first amendment constraints presuppose opposite view rather statute akin common law offenses state person property public morals morissette supra presume scienter requirement absence express contrary intent second video staples concern harsh penalties looms equally large respecting violations punishable years prison well substantial fines forfeiture see also morissette supra morissette reinforced staples instructs presumption favor scienter requirement apply statutory elements criminalize otherwise innocent conduct staples held features gun technically described firearm registration act element holding rested upon nature particular device substance congress subjected regulation expectations individuals may legitimately dealing regulated items staples supra slip age minority indisputably possesses status elemental fact sexually explicit materials involving persons age protected first amendment alexander slip sable communications california federal communications commission dallas smith california light decisions one reasonably video expect free regulation trafficking sexually explicit though obscene materials involving adults therefore age performers crucial element separating legal innocence wrongful conduct legislative history statute evolved period years perhaps reason speaks somewhat indistinctly question whether knowingly statute modifies elements visual depiction involves use minor engaging sexually explicit conduct merely verbs transport ship receive distribute reproduce held smith california supra california statute dispensed mens rea requirement contents obscene book violate first amendment congress began dealing child pornography content legislative debates suggest aware decision see cong rec intended knowledge type material proscribed bill legislative history clear remove chance lead constitutional problems even case impute congress intent pass legislation inconsistent constitution construed yates construing video statute assume congress chose disregard constitutional danger zone clearly marked first passed punished one knowingly transports ships interstate foreign commerce mails purpose sale distribution sale obscene visual print medium involved use minor engaged sexually explicit conduct pub stat emphasis added assuming awareness smith minimum knowingly intended modify obscene version congress amended statute current form broadening application sexually explicit materials obscene defined miller california restricted without violating first amendment explained new york ferber congress eliminated adjective obscene elements defining character content materials issue relegated subsections effort expand child pornography statute full constitutional limits congress nowhere expressed intent eliminate mens rea requirement previously attached character content material word obscene committee reports legislative debate speak opaquely desire congress scienter requirement respect age minority early form proposed legislation rejected principally failed distinguish video obscene materials evaluating proposal justice department offered thoughts word knowingly second line section unnecessary stricken unless knowingly deleted bill might subject interpretation requiring government prove defendant knowledge everything follows knowingly including age child assume intention drafters require government prove defendant knew child age sixteen merely prove child fact less age sixteen hand use word knowingly subsection appropriate make clear bill apply common carriers innocent transporters knowledge nature character material transporting clarify situation legislative history might reflect defendant knowledge age child element offense bill intended apply innocent transportation knowledge nature character material involved emphasis added video mean distributor seller must either first actual knowledge materials contain child pornographic depictions second circumstances must actual knowledge mere inadvertence negligence alone enough render actions unlawful absolutely correct amendment limited phrase knowingly insures sellers distributors consciously deliberately engaged marketing child pornography subject prosecution ibid video video legislative history summarized saying persuasively indicates congress intended term knowingly apply requirement depiction sexually explicit conduct good deal less clear committee reports floor debates congress intended requirement extend also age performers turning statute term knowingly applies sexually explicit conduct depicted emancipated merely modifying verbs subsections matter grammar difficult conclude word knowingly modifies one elements final canon statutory construction supports reading term knowingly applies elements cases ferber obscenity laws criminal responsibility may imposed without element scienter part defendant smith california hamling osborne ohio suggest statute completely bereft scienter requirement age performers raise serious constitutional doubts therefore incumbent upon us read statute eliminate doubts long reading plainly contrary intent congress edward debartolo florida gulf video coast building construction trades council foregoing reasons conclude term knowingly extends sexually explicit nature material age performers alternative grounds upholding reversal convictions respondents reiterate constitutional challenge claims encompassed question granted certiorari prevailing party without entitled precedents urge grounds lend support judgment dayton bd ed brinkman respondents argue section unconstitutionally vague overbroad makes age majority rather new york statute upheld new york ferber supra congress replaced term lewd term lascivious defining illegal exhibition genitals children regard claims insubstantial reject reasons stated appeals opinion case respondents also argued indictment fatally defective contain scienter requirement age minority appeals reach issue determination unconstitutional face decline decide judgment appeals reversed footnotes morissette treatment common law presumption mens rea recognized presumption expressly excepted sex offenses rape victim actual age determinative despite defendant reasonable belief girl video reached age consent criminalization pornography production see infra perpetrator confronts underage victim personally may reasonably required ascertain victim age opportunity reasonable mistake age increases significantly victim reduced visual depiction unavailable questioning distributor receiver thus think common law treatment sex offenses militates construction present statute regard age minority jurisdictional fact enhances offense otherwise committed evil intent see feola video require knowledge jurisdictional facts target assault federal officer criminal intent serves separate understand wrongful nature act require knowledge precise consequences may flow act aware act wrongful cf hamling knowledge materials issue legally obscene required miller test obscenity asks whether work taken whole appeals prurient interest depicts describes sexual conduct patently offensive way lacks serious literary artistic political scientific value miller difference congressional intent respect versus reflects reality producers conveniently able ascertain age performers thus makes sense impose risk error producers district central district california although producers may convicted without proof knowledge age congress independently required primary secondary producers record ages performers independent penalties failure comply ed supp american library assn reno cadc congress amended insert subsection pub stat provision created new offenses relating advertising availability child pornography soliciting children participate depictions legislative history address scienter requirement government must prove defendant knew character visual depictions depicting minor engaging sexually explicit conduct need prove defendant actually knew person depicted fact years age depictions violated federal law may argued since house committee report rejects requirement scienter age minority video house committee thought requirement views one congress meaning act passed earlier congress ordinarily great weight clark citing southwestern cable views committee one house another congress even less weight pierce underwood video justice stevens concurring opinion normal commonsense reading subsection criminal statute introduced word knowingly treat adverb modifying elements offense identified remainder subsection reads follows person knowingly transports ships interstate foreign commerce means including computer mails visual depiction producing visual depiction involves use minor engaging sexually explicit conduct visual depiction conduct emphasis added video video justice scalia justice thomas joins dissenting today opinion without antecedent none decisions cited authority support interpreting explicit statutory scienter requirement manner language simply bear staples discussed ante gypsum discussed ante applied background rule scienter statute said nothing matter morissette discussed ante applied background rule statute contain word knowingly order conclude knowingly converts requires knowledge merely fact one assertion dominion property also knowledge fact assertion conversion wrongful liparota video discussed ante involved statute contain word knowingly used fashion reasonably grammatically thought apply phrase uses transfers acquires alters possesses cause defendant liable without wrongful intent also later phrase manner authorized statute applying background rule scienter latter reasonable permissible reading preferred way cases combination read stand sweeping proposition presumption favor scienter requirement apply statutory elements criminalize otherwise innocent conduct ante even plain text statute says otherwise earlier cases employ presumption rule interpretation applies congress addressed question criminal intent staples gypsum import said subject ambiguous morissette liparota today opinion converts rule interpretation rule law contradicting plain import congress specifically prescribed regarding criminal intent thomas cert denied ninth circuit interpreted require knowledge neither fact visual depiction portrays sexually explicit conduct fact participant conduct minor panel present case accepted interpretation see say interpretation grammatical reading ante natural grammatical reading ante understatement point distortion rather like saying ordinarily preferred video total plus ninth circuit interpretation fact quite obviously grammatical reading one rack brains way express thought knowledge requirement subsection applied transportation shipment visual depiction interstate foreign commerce fact depiction produced use minor engaging sexually explicit conduct depiction conduct impossible construct sentence structure clearly conveys thought thought alone word knowingly contained merely distant phrase entirely separate clause one today opinion inserts equivalent expressing simpler thought following anyone knowingly subject fine conduct occurs rush hour clearer scienter requirement applies time day also clearer applies transportation shipment visual depiction interstate foreign commerce doubt ambiguity possible less natural nonetheless permissible reading willing case civil statutes acknowledge doctrine scrivener error permits give unusual though meaning word given normal meaning produce absurd arguably unconstitutional result see green bock laundry machine scalia concurring even willing stretch doctrine give problematic text meaning possibly bear even willing extend doctrine criminal cases application produce conviction rather video acquittal still proper bearing sine qua non scrivener error doctrine seems meaning genuinely intended inadequately expressed must absolutely clear otherwise might rewriting statute rather correcting technical mistake condition met acknowledges good deal less clear committee reports floor debates congress intended requirement scienter extend age performers ante surely fact seems dominant entirely uncontradicted view expressed legislative history set forth statement carter administration justice department introduced original bill defendant knowledge age child element offense bill intended apply innocent transportation knowledge nature character material involved applied final bill mean scienter requirement applies element crime depiction sexually explicit conduct element depiction involv use minor engaging conduct see interpretation argued ninth circuit see rejects construction statute two reasons first matter grammar difficult conclude word knowingly modifies one elements ante described matter grammar also difficult nay impossible conclude word knowingly modifies elements really quite extraordinary fresh says emancipated video adverb grammatical restriction renders inapplicable entire conditional clause suddenly insist demands syntax must prevail legislative intent thus producing end result accords neither syntax supposed intent statute says must ignored one think might settle least statute meant say alas told statute says prevents second reason even worse statute completely bereft scienter requirement age performers raise serious constitutional doubts ante view apparent view government appeals true derives serious constitutional doubts fact sexually explicit materials involving persons age protected first amendment ante made entirely clear however first amendment protection accorded materials extensive accorded speech surely less vital interest uninhibited exhibition material borderline pornography artistic expression free dissemination ideas social political significance young american mini theatres see also ven though recognize first amendment tolerate total suppression erotic materials arguably artistic value manifest society interest protecting type expression wholly different lesser magnitude interest untrammeled political debate opinion stevens joined burger white rehnquist cf fcc pacifica foundation broadcasts patently offensive references excretory sexual organs video activities may protected surely lie periphery first amendment concern let us clear sort pictures issue sort likely found catalog national gallery metropolitan museum art exually explicit conduct defined statute include mere nudity conduct consists sexual intercourse persons opposite sex bestiality masturbation sadistic masochistic abuse lascivious exhibition genitals pubic area see involved words clinical artistic even risque pornography indeed think entirely clear involved constitutes merely pornography fully proscribable obscenity except extent joined material perhaps manner presentation artistic social value see miller california requirement imposed course upon fully protected speech one shout republic hooray mozart even skidoo whether expression joined something else social value whereas one side balance present case material minimal first amendment concern described side prevention sexual exploitation abuse children government objective surpassing importance new york ferber concerned holding purveyors receivers material absolutely liable supporting exploitation minors deter activity constitution designed protect concerned suggestion unconstitutionality absolute liability cause video congress leave world children inadequately protected depredations pornography trade recognized ferber supra producers materials always readily found often located abroad knowledge performers age dealers specialize child pornography purchasers sustain market obviously hard prove first amendment lose none value free society knowingly place stream pornographic commerce obliged make sure subsidizing child abuse unconstitutional make persons knowingly deal pornography criminally liable underage character entertainers make men engage consensual fornication criminally liable statutory rape underage character partners dispose present case ninth circuit reading statute written provide criminal penalties knowing transportation shipment visual depiction interstate foreign commerce knowing receipt distribution visual depiction transported shipped depiction whether defendant knew portrayal minor engaging sexually explicit conduct find statute interpreted unconstitutional since imposing criminal liability upon knowingly dealing pornography establishes severe deterrent narrowly tailored purposes upon fully protected first amendment activities see smith california conclusion unconstitutionality course ground going back reinterpret statute making say something say constitutional every construction every reasonable construction must resorted video order save statute unconstitutionality edward debartolo florida gulf coast building construction trades council quoting hooper california emphasis added although often strain construe legislation save constitutional attack must carry point perverting purpose statute judicially rewriting commodity futures trading schor quoting aptheker secretary state otherwise thing unconstitutional statute earlier discussed present case reasonable alternative construction exists neither coaxed text substituted text scrivener error grounds therefore agree ninth circuit respondent conviction stand understand though approve disposition order uphold statute departed text little possible order sustain constitutionality disposition applying scienter requirement pornographic nature materials age performers neither understand approve disposition urged adopted today rewrites statute rewrites radically constitutional survival demands raises baseless constitutional doubts impede congressional enactment law providing greater protection pornography industry today saves single conviction putting place relatively toothless law congress enact rendering congressional strengthening new law difficult respectfully dissent case involve claims situation even obviously statute presently us word knowingly isolated position suggested attached verb converts ante nonetheless applied well another word issue simply meaning knowingly converts video