Child Pornography: - Center for Problem-Oriented Policing

For example federal sentencing guidelines usually allow for heightened punishments in
child-pornography cases when the victim is prepubescent or younger than the age of 12 264 or
when an offense involves multiple visual depictions of children. 265 For the production of child
pornography a sentence may be increased if the victim is younger than 16 years of age and
then increased even more when the victim is younger than the age of 12. 266 Sentences for
production can be further increased when the offender is the parent, relative, or legal guardian
or when the child was in the custody, care, or supervisory control of the offender (e.g., teachers,
daycare providers, or babysitters). 267 Trafficking offenses for child pornography are
punishable by increased sentences when the defendant has engaged in a pattern of activity
involving the sexual exploitation of a minor. 268 This activity may include two or more instances
of abuse or exploitation by the defendant whether or not it occurred as part of the
offense, involved the same or different victims, or resulted in a conviction. Increased sentences
are also available when the offensive material portrays sadistic or masochistic conduct
or other depictions of violence. 269
The distribution of child pornography is recognized as a particularly serious crime that
"can have devastating effects upon society and, most importantly, upon children who are
sexually abused." 270 Sentencing guidelines therefore allow for heightened punishments when
a defendant is shown to have distributed child pornography. 271
The federal sentencing guidelines were amended in 2000 to allow for increases in sentencing
based on distribution of child pornography for pecuniary gain as well as for the
receipt or expectation of a thing for value but not monetary gain. 272 Even prior to this amendment,
many courts allowed enhanced sentences when defendants profited from the exchange
of pornography in nonmonetary ways such as swaps, barters, in-kind transactions, and other
valuable consideration. 273 This change is particularly important in the prosecution of Internet
cases in which defendants may download, post, or trade material although no actual "sale"
takes place. 274
Legislative attempts to crack down on Internet child pornography have prompted guidelines
allowing for sentence increases when computers are used to solicit a child's participation
in the production of child pornography 275 or when a computer is used to advertise pornographic
material or transmit the material itself. 276 Courts have noted that, "the Internet has
become a common means of transmitting obscene and illicit material. In addition it is difficult
to detect and prevent this traffic in cyberspace. [Laws allowing for heightened sentences]
provide an extra deterrent to those inclined to pursue illicit pictures in the anonymity of the
computer world." 277
Criminal and Civil Forfeiture
Defendants may also be subject to civil or criminal forfeiture of proceeds from or property
used to commit or promote commission of a child-pornography offense. Title 18, Section
2253, provides for criminal forfeiture for such offenses against minors, 278 and Section 2254
provides for civil forfeiture. 279 Forfeiture may include loss of any interest in any visual depiction
prohibited by the federal statutes or any book, magazine, film, videotape, or other matter
containing such a depiction. It may also include loss of property or businesses used as fronts
for pornography production or distribution, or any property traceable to gross profits or other
proceeds from the enterprise. Such property may include cameras, photography-developing
equipment, or computers.
24 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE