In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is
Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

Answer: (B)

Question: omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court's ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' " United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had
Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial

Answer: (A)

Question: from Webster v. Reproductive Health Serv., 492 U.S. 490, 552, 109 S.Ct. 3040, 3075, 106 L.Ed.2d 410 (1989) (Black-mun, J., concurring in part and dissenting in part)). The purported new rule finds a duty never before articulated by any other court. Added to that is that the purported duty, in many cases, may be almost impossible with which to comply. Who will agree that a four- or five-year-old child can be strapped in a seat belt for a three-to-five hour trip across country on a family vacation? Children are so full of energy that is impossible that they sit strapped to a seat for any substantial period of time. And what of the fifteen year old who unbuckles his seat belt 40 miles from any city or town? Does the parent beat him 89-193 and -195, published July 20, 1992) (Mills II) (<HOLDING>); Johnson v. State of Wyoming Hearing
Holding statements: (A) holding that employee must prove that the sole reason for their discharge was their filing of a workers compensation claim to prevail on a claim of wrongful discharge under marylands workers compensation act (B) holding that the coemployee immunity provision in workers compensation law was constitutional (C) holding that a contractors employees were not within the scope and course of their employment when they deviated from their work to shoot at squirrels (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding unconstitutional a workers compensation statute which granted immunity from suits by coemployees to employees who acted within the scope of their employment

Answer:
(E)