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Child Pornography: - Center for Problem-Oriented Policing

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Inadequate training and education <strong>for</strong> law-en<strong>for</strong>cement agents and supervisors, as well as<br />

others who may work with sexually exploited children, also pose significant barriers to effective<br />

intervention. 533 The unique nature of child-sexual-exploitation crimes necessitates<br />

specialized training and education programs <strong>for</strong> law-en<strong>for</strong>cement agents and others working<br />

to investigate and prosecute perpetrators.<br />

<strong>Child</strong> pornography investigations generally tend to be labor-intensive and require<br />

proactive approaches. 534 The growth of the Internet has also generated new challenges <strong>for</strong> the<br />

law-en<strong>for</strong>cement community. 535 New technology has dramatically increased the potential<br />

<strong>for</strong> children to be sexually exploited by adults and child pornography to be instantly<br />

produced and distributed around the world. 536 The speed and global nature of the Internet<br />

compounds the problems, making investigation and prosecution more difficult and driving up<br />

the cost of identification and prevention ef<strong>for</strong>ts.<br />

Finally a perception of judicial leniency <strong>for</strong> perpetrators of child sexual exploitation also<br />

serves to discourage law-en<strong>for</strong>cement agencies from comprehensively targeting these crimes.<br />

Despite extensive investigations, significant evidence, and even admissions of guilt, many<br />

defendants convicted of child sexual exploitation serve little or no jail time. 537 In fact average<br />

sentences <strong>for</strong> the FBI's Innocent Images cases average between 18 to 24 months. 538 Defense<br />

attorneys argue that the meager sentences reflect judicial discom<strong>for</strong>t with child-sexual-exploitation-investigation<br />

practices including having adults pose as children online. 539 Whatever the<br />

reason, judicial reluctance to impose stiff sentences may be undermining law-en<strong>for</strong>cement<br />

ef<strong>for</strong>ts in this area. 540<br />

General Principles <strong>for</strong> Effective Intervention<br />

While individual states and the federal government have taken strong positions in passing<br />

laws to prohibit the sexual exploitation of children, there is considerable room <strong>for</strong> improvement<br />

in many areas including en<strong>for</strong>cement, prosecution, and the provision of services to child<br />

victims. 541 Based on the model law-en<strong>for</strong>cement approaches profiled above and other in<strong>for</strong>mation<br />

about best-practices in child-sexual-exploitation cases, the general principles described<br />

below can help guide a more proactive and comprehensive approach to child pornography. 542<br />

Enact New Legislation<br />

Not all states have enacted comprehensive child-pornography legislation. In several states<br />

possession of child pornography is not illegal, and in others the age of consent <strong>for</strong> sexual<br />

activity is as young as 13. 543 Many model law-en<strong>for</strong>cement programs have been active in<br />

drafting and supporting legislation that would enhance their ability to investigate and prosecute<br />

child-sexual-exploitation cases. 544 Public awareness of and institutional support <strong>for</strong> such<br />

legislative changes may facilitate needed re<strong>for</strong>ms.<br />

I Promote Multijurisdictional<br />

and Multidisciplinary Approaches<br />

The increase in prosecution and conviction of offenders in model programs around the<br />

country suggests that the most effective means of identifying, investigating, and pros-<br />

CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE- 55

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