Child Pornography: - Center for Problem-Oriented Policing

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(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. (c) The circumstances referred to in subsections (a) and (b) are that— (1) in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in interstate or foreign commerce; (2) any offer described in such subsections was communicated or transported in interstate or foreign commerce by any means including by computer or mail; or (3) the conduct described in such subsections took place in any territory or possession of the United States. 238. 18U.S.C. §2251A(c). 239. See section accompanying endnotes 450-55, infra. 240. 42U.S.C. § 13032(b)(3)(1999). 241. 42 U.S.C. § 13032(c) & (e) (1999). 242. 18 U.S.C. § 2252A(c) (2000). 243. 513 U.S. 64(1994). 244. Whitcomb, De Vos & Smith, supra note 8, at 47. 245. Act of June 25,1910, ch. 395,36 Stat. 825 (codified as amended at 18 U.S.C. §§2421-2424(1998)). 246. Pub. L. No. 99-628, § 5 (1986) (repealing and recodifying 18 U.S.C. §§ 2421-2423). 247. 18U.S.C. § 2427, as amended by Protection of Children from Sexual Predators Act, § 105. 248. The full text of Title 18, Section 2421, as amended by Section 106 of the Protection of Children from Sexual Predators Act, Pub. L. No. 105-314, 112 Stat. 2974 (1998), reads Whoever knowingly transports any individual in interstate or foreign commerce, or in any territory or possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. 249. (a) Transportation with intent to engage in criminal sexual activity.—A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory [,] or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. 18 U.S.C. § 2423(a), as amended by the Protection of Children from Sexual Predators Act, § 103,Pub. L. No. 105-314,112Stat.2974 (1998). 'Sexual act' is defined as (A) contact between the penis and the vulva or the penis and the anus, and for purposes of the subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however, slight, of the anal or genital opening of another by a hand or finger or object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through clothing, of the genitalia of another person who has not attained the age of 16 years with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 'Sexual contact' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 18U.S.C. § 2246 (West 1998). ThePCSPAalso adds offenses relating to child pornography in the definition of sexual activity for which a person can be charged with a criminal offense. Pub. L. No. 105-314, § 105, 112 Stat. 2974 (1998). 250. The full text of 18 U. S. C. § 2422, as amended by Section 102 of the Protection of Children from Sexual Predators Act, Pub. L. No. 105-314, 112 Stat. 2974 (1998), states 134 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE
(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. See also United States v. Kufrovich, 997 F. Supp. 246 (D. Conn. 1997) (because it is use of the means of interstate commerce to persuade or attempt to persuade a minor to engage in criminal sexual activity that is the crime, the sexual act need never actually have occurred). 251. Protection of Childrenfrom Sexual PredatorsAct of 1998,Pub. L. No. 105-314, § 101,112 Stat. 2974 (1998) § 2425. Use of interstate facilities to transmit information about a minor. Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly initiates the transmission of the name, address, telephone number, social security number[,] or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. 252. 18 U. S. C. § 2241, as amended b y Protection of Children from Sexual PredatorsAct, Pub. L. No.105-314, § 301 (a), 112 Stat. 2974 (1998), reads (a) By force or threat. —Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act— (1) by using force against the other person; or (2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (b) By other means. —Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (c) With children. —Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstance described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison. CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE- 135
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Child Pornography: The Criminal-Jus
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Acknowledgments This publication wo
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Investigating Child Pornography Cas
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eing is the subject. With the help
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The Child Pornographer: Consumer, C
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professions and social classes. Des
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victims are being recruited, seduce
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coupled with extortion, can make re
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Legal Analysis How does the legal s
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the court ruled that the requiremen
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such as paintings, drawings, and sc
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Another area of legislative action
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For instance Section 2251 may apply
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Other Applicable Federal Statutes C
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For example federal sentencing guid
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State Law Every state and the Distr
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As demonstrated by Alaska's statute
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may only be prosecuted for a single
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Affirmative Defenses A number of st
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the state Court of Appeals has foun
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• member states must encourage us
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First World Congress Against Commer
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Seized child pornography may help g
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When the warrant is based on the su
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United States Customs Service Unite
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Federal Bureau of Investigation: Cr
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Sexual Assault Felony Enforcement T
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Child Sexual Exploitation Strike Fo
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Benefits of Law-Enforcement Network
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it seeks new ways to control the fl
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ecuting child-sexual-exploitation c
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Conduct Additional Research While a
Page 127 and 128: Endnotes 1. The Internet isaglobal
Page 129 and 130: 48. Lanning, CHILD MOLESTERS, supra
Page 131 and 132: 99. Belanger, Albert J. et al., Typ
Page 133 and 134: 139. RONALD B. FLOWERS, CHILDREN AN
Page 135 and 136: 207. See 18U.S.C. § 2252(a)(4) (19
Page 137: 117, or under the laws of any State
Page 141 and 142: 267. Id. 268. U.S.S.G. § 2G2.2 (b)
Page 143 and 144: pornography via Internet did not vi
Page 145 and 146: 376. Sexual Abuse of Children, Chil
Page 147 and 148: 424. INVESTIGATION AND PROSECUTION
Page 149 and 150: 473. Id. at 31. 474. Id. 475. Id. 4
Page 151 and 152: 541. Whitcomb & Eastin, supra note
Page 153 and 154: Fergusson, David M., L. John Horwoo
Page 155 and 156: McLeer, Susan V., et al., Psychopat
Page 157 and 158: Resources on the Topic of Child Por
Page 159 and 160: Enough is Enough (888) 2Enough (1.8
Page 161 and 162: Maryland Maryland State Police Atte
Page 163 and 164: National Center for Missing & Explo
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