United States v. Jacobson

FAGG, Circuit Judge A jury convicted Keith M. Jacobson of knowingly receiving through the mails sexually explicit material depicting a minor. See 18 U.S.C. § 2252 (a)(2) (Supp. V 1987). Jacobson appeals, and we affirm. When police searched a California pornography bookstore, they discovered Jacobson's name on the bookstore's mailing list. Jacobson had ordered three items from the bookstore, two magazines featuring photos of nude adolescent boys and a brochure listing stores in the United States and Europe selling sexually explicit materials. Posing as a member of a hedonist organization, a postal inspector mailed Jacobson a sexual attitude survey and a membership application. Jacobson paid the membership fee to receive a quarterly newsletter from the organization and returned the survey expressing his preference for preteen sex. Later, a postal inspector mailed Jacobson another survey. Jacobson responded positively, ""Please feel free to send me more information. I am interested in teenage sexuality."" The postal inspector then mailed Jacobson a list of pen pals with similar sexual interests, and Jacobson began corresponding with pen pal Carl Long, the undercover identity of a postal inspector. Jacobson sent Carl Long a newspaper for homosexuals and two letters. Another postal inspector sent Jacobson a letter inviting him to order a child pornography catalogue. Jacobson requested the catalogue and then ordered Boys Who Love Boys, a magazine advertised in the catalogue. The catalogue described Boys Who Love Boys as ""eleven year old and fourteen year old boys get it on in every way possible. Oral, a**l sex and heavy masturbation. If you love boys, you will be delighted with this."" Jacobson also ordered a set of sexually explicit photographs of young boys from another brochure a customs service agent mailed him. The photographs were never delivered to Jacobson. Following a controlled delivery of the magazine, postal inspectors arrested Jacobson when they searched his home and found Boys Who Love Boys.