Child Pornography: - Center for Problem-Oriented Policing

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Investigating Child Pornography Cases: Policy and Practice Issues | Conducting Proactive Investigations The law-enforcement response to child pornography must reflect the realities of its evolving character. The production, dissemination, and possession of child pornography has changed dramatically over the past several years especially with the increased accessibility created by the Internet, world wide web, and other technologies. Investigators must know not only their own state laws but also be familiar with federal statutes and the possibility of dual prosecution. In fact some state laws may be more restrictive than the federal law, and in other states federal charges will carry a greater penalty. Investigators must be aware of the different statutory definitions and how they apply. In Texas, for instance, the age of consent for sexual conduct is 16 while the child pornography law covers visual depictions of children younger than 18. Thus an adult offender may not be criminally prosecuted for sexual conduct with a 16-year-old, but if he took photographs or videotape of the sexual conduct, he may possibly be charged under the possession statute. 408 Similar nuances may exist in other states. Investigators should understand that child pornography does not exist "in a vacuum." 409 There are real victims involved even though not all collectors of child pornography molest children and not all children in child pornography have been sexually abused. That is, some children are photographed without their knowledge while dressing, undressing, or engaged in normal activities. Yet depending on how the offender uses the material, all these children can be considered exploited. 410 Investigators must therefore be knowledgeable about the dynamics of exploitation. Specialized training of individual officers or, to the extent resources allow, specialized units within a department to investigate child-pornography cases can help accomplish this goal. In addition multidisciplinary, multijurisdictional teams are essential to a coordinated, informed response. 411 Furthermore investigators may come across child pornography in the investigation of another crime such as sexual abuse. When this occurs it is important to identify any additional victims and examine the child pornography to determine whether it corroborates the victim's account in any way. Officers should also investigate thoroughly when pornography, alcohol, or drugs are made available to children. 412 Again, understanding the dynamics of sexual exploitation can aid such an investigation. For instance adolescent boys are likely to deny certain types of sexual activity, and, even when they do disclose, the information may be incomplete or minimize their involvement. 413 In fact some children may never disclose or their disclosures may be delayed, partial, accidental, or initiated by someone else. 414 The criminal-justice system should support the children who testify against offenders in court. Staff members should be specially trained in interview techniques with child victims and implement interview protocols. Investigative interviews are critical to case success. Not only do they require specialized training, but they must also be legally defensible (e.g., no leading questions) and developmentally appropriate for that child. 415 Child interviews is another area in which a multidisciplinary approach can produce a more effective response. CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE - 39
Seized child pornography may help guide the forensic interview of a child or serve to bolster his or her testimony about other sexual offenses. Even if no known pornography exists, investigators should routinely ask children they interview whether anyone took their picture. 416 Investigators should also ask when the photographs or videotapes were made, when the victim last saw them, where exactly the victim saw them, and how they were marked or packaged. 417 Well-trained staff members can employ additional proactive investigative techniques. For instance officers can contact photolabs or computer repair shops that may encounter child pornography in the course of their business. 418 Such businesses should be encouraged to comply with any laws requiring them to report child pornography to local law enforcement or voluntarily establish a reporting policy. On a more general level law enforcement should proactively seek increased training, funding, and legislative change. 419 | Obtaining and Executing Search Warrants Before any of the federal or state child-pornography statutes can be applied, the criminal investigation must identify the evidence to support the charges. Such evidence can also corroborate the victim's account, identify other victims or offenders, uncover other crimes, or provide additional information about the offender. 420 Investigators should therefore obtain the offender's consent to search his premises and belongings whenever possible and obtain a search warrant. 421 In addition a noncustodial, nonconfrontational interview of the subject during execution of the warrant may lead to additional valuable information. 422 Through skilled interrogations most offenders will confess. 423 Knowledge of the laws governing search and seizure of evidence is essential in childpornography investigations. Probable cause to search a suspect's home or office may often exist long before probable cause to arrest, and any delay in obtaining evidence may result in its destruction. 424 Legal requirements and procedures for preparing search warrants may vary among jurisdictions, so investigators and prosecutors should work together to ensure their legal sufficiency. 425 Furthermore certain federal statutes that apply to investigators' conduct, especially those related to search and seizure of computers, may impose civil liability on the officers or their agency if mistakes are made. 426 Investigators also need specialized training on the use of computers in child-pornography cases especially legal considerations in obtaining search warrants, the proper handling of computer equipment and stored communications, and the use of privileged and confidential communications. 427 Investigators should identify experts and other resources to assist them in cases involving computers. While child-pornography cases involving computers present many challenges, they also present an opportunity to uncover important corroborative and other evidence. 428 A search warrant may be used to obtain photographs, negatives, undeveloped film, videotapes, or movies as well as cameras, developing and printing equipment, or computers. If the child victim has been identified, a search warrant may also cover personal items the child left with the suspect, weapons or other implements used to threaten the child into participating, or toys or other items the child saw or played with while with the suspect. 429 Any evidence may be a proper target of a search warrant if it corroborates the criminal conduct of the suspect. 40 - 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 and 42: • member states must encourage us
Page 43: First World Congress Against Commer
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
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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
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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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