Clint Robert Schram v. United States

Mr. Schram created and administered four websites which facilitated the distribution of child pornography. The government charged him with engaging in a child exploitation enterprise, and advertisement of child pornography. Those offenses include the element that an actual minor or minors be involved in the offense. But the government presented no evidence that the images represented actual minors. In addition, over objection, the government presented numerous child pornography images, both found on links from the websites and on Mr. Schram’s separate computer which was not connected to the websites. Mr. Schram was convicted and sentenced to life imprisonment. The Eighth Circuit affirmed. The case thus presents the following questions: I. Given the increasing ease of creating of artificial images, is the government required to present evidence that the images it contends are of minors represent actual persons? II. Where evidence was presented that Mr. Schram admitted administering websites for the presentation of child pornography, was he unduly prejudiced when the government presented evidence of multiple highly offensive pornographic images, including uncharged misconduct evidence not linked to the websites?