Child Pornography: - Center for Problem-Oriented Policing

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fore the accuracy of the age identification is in serious doubt. 301 Nonetheless the report raises a potential question of peer solicitation that needs further study. These findings have important implications for the juvenile court's response to childpornography offenses committed by youth against their peers. For instance they emphasize the importance of early intervention for juvenile sex offenders with the goal of "pre-empting" escalation of their offenses as they become adults. State Criminal Laws State criminal laws addressing child pornography can be divided into the three general categories of • promoting or producing child pornography, both commercial and noncommercial, including live performances and visual representations of children engaged in obscene or sexually explicit conduct • distribution of child pornography • possession of child pornography including possession with intent to distribute Other offenses include distributing materials harmful to minors and allowing a child under a person's custody or control (e.g., parents or caretakers) to be sexually exploited or used in pornography. Each of these offenses is discussed in turn below. Production or Promotion of Child Pornography State statutes generally include promoting and producing both visual representations of pornographic materials involving minors and live performances by minors including promoting minors in sexually explicit performances. 302 Surprisingly, despite the Supreme Court's decision in New York v. Ferber 303 that even nonobscene child pornography can be prohibited, many states only outlaw production of obscene materials. Others, however, criminalize the production of any visual depiction of the sexual exploitation of a minor. Alaska's statute, paraphrased below, provides a typical example. A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio recording, photograph, negative, slide, book, newspaper, magazine, or other printed material that visually depicts the conduct listed below, the person knowingly induces or employs a child younger than 18 years of age to engage in, or photographs, films, records, or televises a child younger than 18 years of age engaged in, the actual or simulated conduct noted below. • sexual penetration • the lewd touching of another person's genitals, anus, or breast • the lewd touching by another person of the child's genitals, anus, or breast • masturbation • bestiality • the lewd exhibition of the child's genitals or • sexual masochism or sadism 304 CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE - 27
As demonstrated by Alaska's statute, many states include both visual representations and live performance by a minor. In the Texas "sexual-performance-by-a-child" statute, performance means "any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons." 305 Texas also includes prohibitions against promoting child pornography, and its definition of "promote" is comprehensive including to "procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any" of these. 306 South Carolina, among other states, not only prohibits the production of child pornography but also prohibits the transportation or financing of the transportation of a child through or across the state with the intent the child participate in production of child pornography. 307 Several states have also responded to the proliferation of child pornography generated and distributed over the computer. Many now include prohibitions against using a computer to compile, transmit, make, print, publish, reproduce, buy, sell, exchange, or disseminate child pornography. 308 Florida, for example, punishes any person who • knowingly compiles, enters into, or transmits by means of computer • makes, prints, publishes, or reproduces by other computerized means • knowingly causes or allows to be entered into or transmitted by means of computer or • buys, sells, receives, exchanges, or disseminates any information about a minor for the purpose of encouraging or soliciting sexual conduct with a minor or the visual depiction of such conduct. 309 The statute also provides that the defendant cannot use as a defense that a law-enforcement officer was involved in the detection or investigation of the crime. 310 Furthermore Florida makes it unlawful for an owner or operator of a computer online, Internet, or local bulletin-board service to knowingly permit a subscriber to use the service to commit child-pornography offenses. 311 Distribution of Child Pornography There are three types of state distribution statutes. They are distribution, possession with intent to distribute, and distribution to a minor. Some states include distribution with either their production or possession provisions. In addition distribution statutes can be distinguished by whether they require that the dissemination or distribution be for a commercial purpose. Minnesota, for instance, only prohibits dissemination of child pornography for profit. 312 Oklahoma, in contrast, prohibits both commercial and noncommercial distribution as well as providing information on how child pornography can be obtained. Every person who, with knowledge of its contents, sends, brings, or causes to be sent or brought into this state for sale or commercial distribution, or in this state prepares, sells, exhibits, commercially distributes, gives away, offers to give away, or has in his possession with intent to sell, commercially distribute, exhibit, give away, or offer to give away any...child pornography or gives information stating when, where, how, or from whom, or by what means... child pornography can be purchased or obtained... shall be [imprisoned, fined, or both]. 28 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE
Page 1 and 2: Child Pornography: The Criminal-Jus
Page 3 and 4: Acknowledgments This publication wo
Page 5 and 6: Investigating Child Pornography Cas
Page 7 and 8: eing is the subject. With the help
Page 9 and 10: The Child Pornographer: Consumer, C
Page 11 and 12: professions and social classes. Des
Page 13 and 14: victims are being recruited, seduce
Page 15 and 16: coupled with extortion, can make re
Page 17 and 18: Legal Analysis How does the legal s
Page 19 and 20: the court ruled that the requiremen
Page 21 and 22: such as paintings, drawings, and sc
Page 23 and 24: Another area of legislative action
Page 25 and 26: For instance Section 2251 may apply
Page 27 and 28: Other Applicable Federal Statutes C
Page 29 and 30: For example federal sentencing guid
Page 31: State Law Every state and the Distr
Page 35 and 36: may only be prosecuted for a single
Page 37 and 38: Affirmative Defenses A number of st
Page 39 and 40: the state Court of Appeals has foun
Page 41 and 42: • member states must encourage us
Page 43 and 44: First World Congress Against Commer
Page 45 and 46: Seized child pornography may help g
Page 47 and 48: When the warrant is based on the su
Page 49 and 50: United States Customs Service Unite
Page 51 and 52: Federal Bureau of Investigation: Cr
Page 53 and 54: Sexual Assault Felony Enforcement T
Page 55 and 56: Child Sexual Exploitation Strike Fo
Page 57 and 58: Benefits of Law-Enforcement Network
Page 59 and 60: it seeks new ways to control the fl
Page 61 and 62: ecuting child-sexual-exploitation c
Page 63 and 64: 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 and 138:
117, or under the laws of any State
Page 139 and 140:
(a) Whoever knowingly persuades, in
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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