Child Pornography: - Center for Problem-Oriented Policing

207. See 18U.S.C. § 2252(a)(4) (1998). See also United States v. Dauray, 215 F.3d257C.A.2 (Conn. 2000),
discussed infra text accompanying notes 231 -33.
208. Pub. L. No. 105-314, §§ 602,603,605, 112 Stat. 2974 (1998).
209. Pub. L. No. 105-314, §604,112 Stat. 2974(1998).
210. 42 U.S.C. § 13032 (1999). For more information on NCMEC's CyberTipline, see infra, text accompanying
notes 450-55.
211. 47 U.S.C. §223(a)-(h) (1996).
212. The CDA provides two affirmative defenses. One is that the person posting the indecency, as opposed
to obscenity, made a good-faith reasonable effort under the circumstances to restrict access by minors. The
second is that the person has restricted access by requiring use of a verified credit card, debit account, or other
adult identification.
213. 521 U.S. 844(1997).
214. 521 U.S. at 849.
215. See 47 U.S.C. §223(2000).
216. Pub. L. No. 105-277, § 1403,112 Stat. 2681 (1998) (codified as amended at 18 U.S.C § 201 et seq.).
217. 47 U.S.C. § 231(a)(1) (2000). Material that is harmful to minors is defined as "any communication,
picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or
that—
(A) the average person, applying contemporary community standards, would find, taking the material as
a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient
interest;
(B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a
lewd exhibition of the genitals or post-pubescent female breast; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
47 U.S.C. §231(e)(2000).
218. American Civil Liberties Union v. Reno, 31 F.Supp.2d473 (1999).
219. Id.at 499.
220. Pub. L. No. 106-554,114 Stat. 2763 (2000).
221. H.R. CONF.REP.NO. 106-1033, 106th Cong., 2d Sess. (2000). A minor as defined in the Act is any child
"who has not attained the age of 17." Material "harmful to minors" is "any picture, image, graphic image file,
or other visual depictions that (i) taken as a whole and with respect to minors, appeals to a prurient interest in
nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what
is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or
perverted sexual acts, or other exhibition of the genitals; and (iii) taken as a whole, lacks serious literary,
artistic, political, or scientific value as to minors."
222. Id.
223. Id.
224. 18 U.S.C. §2256(8) (1999).
225. 18 U.S.C. § 2256(5) (1999). See also United States v. Smith, 795 F.2d 841 (9th Cir. 1986), cert. denied,
481 U.S. 1032 (1987) (unprocessed film constitutes a "visual depiction" for the purposes of 18 U.S.C. §
2252(a)).
226. 18 U.S.C. § 2256(2) (1999). Additional definitions under this section include
(1) "minor" means any person [younger than] the age of [18] years;
***
(3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) "organization" means a person other than an individual;
CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE- 131