Child Pornography: - Center for Problem-Oriented Policing

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In June 1999, in conjunction with the IPEC, the ILO General Assembly unanimously approved a Convention Concerning the Worst Forms of Child Labor (No. 182) designed to prevent work which, by its nature or circumstances, is likely to harm the health, safety, or morals of children. 397 Convention 182 specifically deplores the involvement of children in the production of pornography and pornographic performances. The United States was active in supporting its development 398 and one of the first countries to ratify the Convention. The UN Convention on the Rights of the Child A significant international instrument is the 1989 United Nations Convention on the Rights of the Child (UNCRC). The Convention expressly condemns the sexual exploitation of minors in prostitution, pornography, and illegal sexual practices. 399 Despite the United States' failure to ratify the Convention (it became a signatory in 1995), the UNCRC enjoys universal support around the world—191 nations are parties to its terms. 400 Under Article 1 of the UNCRC, a child is defined as every person younger than 18 unless majority is obtained earlier under national law. Article 19 protects children from all forms of abuse, neglect, and exploitation by parents and others and obligates states to undertake prevention and treatment programs to this end. Most importantly Article 34 specifically requires states to protect children from sexual exploitation and abuse including involvement in pornography. The UNCRC established a Committee on the Rights of the Child for the purpose of monitoring the progress of the parties who must make periodic reports to the Committee. The Committee, however, lacks authority to receive petitions from states or individuals alleging violations of the Convention, and the Convention offers no remedies. 401 Despite these limitations, the Committee is useful to nongovernmental children's rights organizations as an international framework through which they can more effectively pursue their agenda, and the Convention helps establish a uniform international standard. 402 In addition to the UNCRC, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography draws special attention to sexual-exploitation issues. Adopted through the UN Economic & Social Council on March 26,2000, 403 the Optional Protocol calls on party states to cooperate with other states to further the prevention, detection, prosecution, and punishment for crimes of sexual exploitation of children. 404 As adopted the Optional Protocol is open for signature and subject to ratification or accession by any state that is either a party to the Convention or has signed it. Thus, as a UNCRC signatory, the United States may sign and ratify the Protocol even though it has not ratified the Convention itself. 405 Article 3(1) of the Protocol provides that states agree to pass national legislation making certain offenses illegal regardless of whether they are committed domestically or transnationally or on an individual or organized basis. Included among these offenses are specific provisions for the production, distribution, dissemination, import, export, offer, sale, or possession of child pornography. 406 CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE - 37
First World Congress Against Commercial Sexual Exploitation of Children Programs and initiatives under the auspices of international organizations help raise the level of awareness regarding child sexual exploitation worldwide and promote action on both national and international levels. In 1996 the First World Congress Against Commercial Sexual Exploitation of Children was convened in Stockholm, Sweden, as a forum to develop strategies for an international response. The Congress was organized by End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes International (ECPAT International) and hosted by the government of Sweden in collaboration with the United Nations Children's Fund (UNICEF) and the Group for the Convention on the Rights of the Child, a nongovernmental organization (NGO). The World Congress adopted a Declaration and Agenda for Action that calls upon states to • accord high priority to action against the commercial sexual exploitation of children and allocate adequate resources to the effort • promote stronger cooperation between states and all sectors of society and strengthen the role of families • criminalize the commercial sexual exploitation of children • condemn and penalize the offenders while ensuring the child victims are not penalized • review and revise laws, policies, programs, and practices • enforce laws, policies, and programs • promote adoption, implementation, and dissemination of laws, policies, and programs against the sexual exploitation of children • develop and implement comprehensive, gender-sensitive programs to protect and assist child victims and facilitate their recovery and reintegration into society • create a climate to ensure parents and others protect children • mobilize political and other partners, national and international communities including NGOs and intergovernmental organizations (IGOs) to assist other countries in elimination of commercial sexual exploitation of children • enhance popular participation including that of children 407 The Agenda for Action highlights existing international commitments, identifies priorities for action, and assists in the implementation of relevant international instruments. It calls for action from governments; all sectors of society; and national, regional, and international organizations against the commercial sexual exploitation of children. As a follow-up to the First World Congress, the Japanese government, in collaboration with UNICEF, ECPAT, and the NGO Group for the Convention on the Rights of the Child, will host the Second World Congress in Yokohama, Japan, in December 2001. The combination of these various international efforts aimed at eradicating the commercial sexual exploitation of children brings increased attention to the issues, heightens public awareness, and places greater international pressure on governments to take definitive action. 38 - 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 and 40: the state Court of Appeals has foun
Page 41: • member states must encourage us
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
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Endnotes 1. The Internet isaglobal
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48. Lanning, CHILD MOLESTERS, supra
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99. Belanger, Albert J. et al., Typ
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139. RONALD B. FLOWERS, CHILDREN AN
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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
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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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