Child Pornography: - Center for Problem-Oriented Policing

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Japan, as an example, enacted the Law for Punishing Acts Related to Child Prostitution and Child Pornography and for Protecting Children in 1999 379 in response to reports that 80 percent of the child pornography distributed worldwide is made in that country. 380 The new law makes it illegal to produce, distribute, or sell child pornography, yet it does not make possession a crime. Those who display child pornography on the Internet also face imprisonment of up to three years. 381 In the first three months after the law went into effect, 22 Japanese men were arrested for violations of the pornography prohibitions. 382 In addition a trade organization of Internet providers developed guidelines to curb child pornography under which the providers can warn, delete materials, or suspend service to those who put illegal materials on the Internet. 383 Even when statutes prohibit all three offenses, certain provisions may be open to challenge. Ruling on a case that challenged Canada's 1993 federal law banning possession of child pornography, the Supreme Court of Canada recently upheld the constitutionality of the ban on possession but carved out two exceptions for expressive material privately created and kept by the accused. 384 The law's bans on production and distribution of child pornography were upheld by lower courts and not challenged in the Supreme Court case. 385 The defendant challenged the possession prohibition on constitutional grounds of freedom of expression and liberty. While he conceded that the prevention of harm to children might justify limitations on these freedoms, he argued that the statute in question is too broad because it catches material that poses no risk of harm to children. After a detailed review of the constitutional questions raised by the appeal, the Canadian Supreme Court found the law "substantially constitutional and peripherally problematic." 386 It ruled that the appropriate remedy would be to read into the law two exceptions for the possession of • self-created expressive material (any written material or visual representation created by the accused alone and held by the accused alone exclusively for his or her own personal use) • private recordings of lawful sexual activity (any visual recording, created by or depicting the accused, provided it does not depict unlawful sexual activity and is held by the accused exclusively for private use) 387 The Canadian Supreme Court stressed that courts should make these determinations objectively on a case-by-case basis. Were a defendant to hold such materials for any purpose other than personal use, their possession would fall outside the exceptions and fully within the prohibition of the statute including possibly manufacturing and distribution offenses. 388 The European Union Progress and increased attention to child pornography is also evident in the European Union. The European Parliament recently voted 453 to 1 in favor of proposals to create a pan-European register of child sex offenders; introduce laws in each member state for prohibitions against participation in or the production, sale, distribution, or trafficking of pornographic images of children; and increase coordination of laws and sharing of information and law-enforcement expertise through the international law-enforcement service Europol. 389 The report, containing the proposals noted below, stresses that CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE - 35
• member states must encourage users of the Internet to inform relevant authorities ( i . e., law enforcement when they find child pornography • member states should facilitate the detection and investigation of offenses by establishing specialized law-enforcement units staffed around the clock by qualified persons • member states should ensure that law-enforcement authorities intervene quickly and cooperate fully among themselves • member states should make necessary changes to and regularly reassess their penal codes based on technological developments • Europol must be informed of all reported cases 390 In addition to increased scrutiny of national laws, numerous treaties, United Nations (UN) conventions and programs, and other international initiatives address the commercial sexual exploitation of children. All attest to the importance placed on eradication of child pornography by the international community. Unfortunately the international instruments have varying degrees of enforceability and often rely entirely on the voluntary cooperation of nations. | United Nations Charter-Based Mechanisms United Nations charter-based mechanisms, which bind all UN members, 391 include the UN Commission on Human Rights, its Sub-Commission on Prevention of Discrimination and Protection of Minorities, and the Working Group on Contemporary Forms of Slavery. In 1989 the Working Group began an investigation into the sale of children, child prostitution, and child pornography. In 1990 the Commission on Human Rights appointed a Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography to monitor and assess the current status of nations regarding these matters worldwide and make specific recommendations for action. The Special Rapporteur receives information from member countries and submits annual reports to the Commission on Human Rights containing general and specific recommendations for consideration by UN bodies, states, and national organizations. These efforts culminated in the Programme for Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, adopted by the UN Commission on Human Rights in 1992. 392 The Programme calls for better cooperation among law-enforcement agencies including INTERPOL, information and education about child pornography, increased penalties for offenders, and increased international cooperation on all levels. 393 In addition the Commission on Human Rights in 1994 set up a special session of the Working Group to examine drafting a convention specifically on the sale of children, child prostitution, and child pornography. 394 International Conventions and Covenants | The International Labor Organization (ILO) has several conventions addressing forced labor including the sexual exploitation of children. These include the Forced Labor Convention (No. 29) of 1930, later reinforced by the Abolition of Forced Labor Convention (No. 105) of 1957, 395 andt he International Program on the Elimination of Child Labour (IPEC), a group whose mandate includes efforts to end child pornography. 396 36 - 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 and 32: State Law Every state and the Distr
Page 33 and 34: As demonstrated by Alaska's statute
Page 35 and 36: may only be prosecuted for a single
Page 37 and 38: Affirmative Defenses A number of st
Page 39: the state Court of Appeals has foun
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
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139. RONALD B. FLOWERS, CHILDREN AN
Page 135 and 136:
207. See 18U.S.C. § 2252(a)(4) (19
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117, or under the laws of any State
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(a) Whoever knowingly persuades, in
Page 141 and 142:
267. Id. 268. U.S.S.G. § 2G2.2 (b)
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pornography via Internet did not vi
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376. Sexual Abuse of Children, Chil
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424. INVESTIGATION AND PROSECUTION
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473. Id. at 31. 474. Id. 475. Id. 4
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541. Whitcomb & Eastin, supra note
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Fergusson, David M., L. John Horwoo
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McLeer, Susan V., et al., Psychopat
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Resources on the Topic of Child Por
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Enough is Enough (888) 2Enough (1.8
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Maryland Maryland State Police Atte
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National Center for Missing & Explo
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Child Pornography: - Center for Problem-Oriented Policing

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