Child Pornography: - Center for Problem-Oriented Policing

Other Applicable Federal Statutes
Charges under other federal statutes not specifically addressing pornography offenses are
also available to prosecutors when the offenses occur under federal jurisdiction. In fact many
offenders face multiple charges in both state and federal courts because the child pornography
itself provides evidence of sexual abuse or molestation when the defendant is depicted. Some
prosecutors charge child sex abuse because they feel the evidence supporting that charge is
stronger or the charge carries a higher penalty. 244 Additional statutes that federal prosecutors
can consider include the Mann Act, use of interstate facilities to transmit information about a
minor, aggravated abuse or sexual abuse of a minor or ward, and the Racketeer Influenced
and Corrupt Organizations Act.
The Mann Act
While the statutes under the Mann Act primarily target prostitution and other criminal sexual
activity in interstate and foreign commerce, 245 it is likely, given the connection between prostitution
and pornography, that additional charges under the Act's provisions may be available
in many child-pornography cases. Originally the Mann Act made transportation of any girl or
woman across state lines for prostitution or "any immoral practice" a federal crime. In 1986
Congress amended the Act by making it gender-neutral and changing "immoral practice" to
"any sexual activity for which any person can be charged with a criminal offense." 246 Child
pornography was included in this definition by the Protection of Children from Sexual Predators
Act in 1998. 247 The 1986 revisions also removed the requirement that transportation of a
minor be for a "commercial" motive, which allows for prosecution of those who take minors
across state lines for noncommercial but illegal sexual activity including production of child
pornography.
Section 2421 of the Mann Act prohibits transportation of an individual in interstate or
foreign commerce, or an attempt to do so, with the intent such individual engage in prostitution
or in any sexual activity for which any person can be charged with a criminal offense. 248
While this section can be invoked in cases involving minors, the more specific provision,
Section 2423, carries greater penalties. Section 2423 prohibits transportation of a minor in
interstate or foreign commerce with the intent the minor engage in prostitution or other criminal
sexual activity. 249 Thus the federal government could bring an action under this section
when the offender knowingly transports a minor across state lines with the intent that the
minor participate in the production of pornography.
Finally the "coercion and enticement" section of the Mann Act, Section 2422, prohibits
the inducement, enticement, or coercion of any individual, or attempt to do so, to engage in
prostitution or any criminal sexual activity, and carries a penalty of up to 10 years. More
specifically, Section 2422(b) prohibits the persuasion, inducement, enticement, or coercion of
a minor to engage in prostitution or criminal sexual activity, or any attempt to do so, and
carries a penalty of up to 15 years. 250
Use of Interstate Facilities to Transmit Information About a Minor
In 1998 the PCSPA added Section 2425 to Title 18 of the United States Code. 251 Section
2425 prohibits the use of interstate facilities, including mail or interstate or foreign commerce,
to transmit certain information about a person younger than 16 years of age with the intent to
22 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE