Legal Question in Personal Injury in California

Are alleged violations of US Code (specifically 47 USC230(b)(5)) heard in Federal court or state court?


Asked on 7/30/09, 2:39 pm

1 Answer from Attorneys

Stephen Petix Quinton & Petix

You have cited a section of the Communications Decency Act, which of course is a federal law. It appears that the law provides for both criminal and civil penalties.

Usually, violations of such federal statutes are investigated by a federal agency and referred to the local U. S. Attorney for criminal or civil prosecution. Such enforcement actions are always brought in U. S. District Court, in my experience.

There are rare exceptions. Here in the Southern District of California (San Diego and Imperial Counties) the U. S. Attorney has in the past turned over some narcotics prosecutions to the County District Attorney, to be charged under State drug laws. In that case there was a joint concern about the drug problem and the D.A. had more resources to handle cases involving smaller amounts of drugs.

I doubt that the local authorities would be interested in pursuing enforcement of the federal Communications Decency Act.

The case law indicates that a private party has no right to bring suit to enforce the Act.

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Answered on 8/03/09, 2:32 pm


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