Child Pornography: - Center for Problem-Oriented Policing

the state Court of Appeals has found that forfeitable "criminal instruments" are not limited to
objects that could be used only for criminal purposes. In that case a computer had been specially
adapted with programs and image files to facilitate promotion of child pornography.
The computer and accessories were all subject to forfeiture even though the obscene data
could be easily deleted from the hard drive and other storage media. 370
At least 13 states have forfeiture provisions under their child-pornography statutes; 371
however, general forfeiture statutes may also apply.
Restitution and Civil Causes of Action Restitution to the victim is often part of sentencing. When a
child victim has been identified and located, prosecutors can recommend that the defendant,
as part of the sentence, pay the victim's medical or counseling expenses. 372 Victims also should
be encouraged to take advantage of victim-assistance services available through the court.
And, where applicable, they should be made aware of civil causes of action they can file to
recover for damages suffered as a result of their victimization.
Minnesota, for instance, has a cause of action for injury caused by the use of a minor in a
sexual performance. 373 The cause of action can be brought against a person who promotes,
employs, uses, or permits a child to be used, posed, or modeled alone or with others in a
sexual performance. New Jersey also has civil cause of action for victims of child
pornography. 374 The statute allows recovery of three times the financial gain of the defendant
from the child-pornography activities as well as full costs and reasonable attorneys' fees.
National Laws and International Treaties,
Conventions, and Programs
While state and federal laws prohibit certain child-pornography-related activities in the United
States, the production and distribution of child pornography is a global danger to children.
Maj or child pornography markets exi st throughout North America and Western Europe, Eastern
Europe has emerged as a new market, and Asia is an area of great concern regarding
transnational trafficking of children for sexual purposes. 375
Most countries already have laws against the sexual abuse of children, including child
pornography, although these national laws vary considerably. 376 Child pornographers increasingly
use advanced technologies such as the Internet; however, most countries have not yet
addressed computer transmission of child pornography in their laws. Child pornography therefore
continues to be a significant problem.
National Laws
Often the countries where laws against child pornography are weak or not strictly enforced
become "source countries." These are countries in which large amounts of child pornography
are produced to supply the demand from abroad. Other countries must address the larger
number of recipients and distributors of child pornography within their borders. In the wake
of the United Nations Convention on the Rights of the Child, discussed below, many countries
recognized that weak child-pornography laws and lax enforcement do not adequately
protect children and have strengthened their responses in recent years. 377 Mexico, for instance,
now categorizes crimes related to child pornography as "grievous." 378 Yet not every country
outlaws all three offenses of production, distribution, and possession.
34 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE