FINAL EXAM
CRIMINAL LAW
PROFESSOR CHANG
FALL 2003

1. You have two (2) hours for this exam. You may allocate your time as you wish.

2. This is a closed book exam.

3. There are 2 parts to this exam:

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. Read, think and analyze before you begin to write.

6. Please write clearly. Write on every other page to permit instructor comments.

7. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam will not be graded.

GOOD LUCK!

Essay Question: 50 Points


X-Cite Publishers produces an online magazine and database available to its customers containing “virtual pornography”. Although all of the “models” are adults, their photographs have been digitally enhanced to reverse their actual ages. The resulting photographs and videos depict “models” who appear to be children in sexually explicit acts and positions. Included in X-Cite’s website is an online manual titled, “The Ultimate Manual on How To Get Your Own Child Sex Slave and Get Away With Murder.” The manual provides detailed instruction on abduction, bondage, psychological dependency, torture, and killing. X-Cite Publishers’ annual profits exceed $2 million each year.

X-Cite Publishers recently reviewed the following statistical research: (1) At least 80% of those who purchase child pornography are active child molesters; (2) Child pornography is a $2-3 billion a year industry; and (3) Recidivism rates are high among child sex offenders. As a result of this research, X-Cite has decided to target registered child sex offenders to expand its clientele base.

Denny served fifteen years in prison and continues with treatment for chemical castration after several convictions for child molestation and sexual assault against children. Denny has complied with state law and is registered as a child sex offender. After receiving repeated advertisements from X-Cite Publishers, Denny recently subscribed to X-Cite’s online magazine and database, including the ultimate how-to manual. After subscribing, Denny stopped his injections of medroxy progesterone acetate for chemical castration. Denny has previously been treated for psychological delusions.

Denny has become obsessed with one of the “girls” he has viewed in X-Cite’s photos. After touring the local schools, Denny finds seven year old, Lily, who bears a striking resemblance to the girl in X-Cite’s magazine. Denny abducts Lily. Although Denny tries to have sexual intercourse with Lily, he is physically unable. The police find Lily in a cage built by Denny according to the instructions in X-Cite’s how-to manual. In fact, Denny has followed the how-to manual exactly in his actions.

Upon learning about Lily’s ordeal and suffering, Lily’s father Frank races to the police station to confront Denny. On the way to the police station, Frank suffers a heart attack and loses control over his car. Frank’s car veers off the road and kills Voon, a pedestrian. Frank’s leg injuries require surgery but the surgeon mistakenly gives Frank a drug to which Frank is allergic. Frank later dies from the allergic reaction.