The Child Pornography in the USA

Displaying child pornography or "kiddie porn" on the Internet is illegal in the United States. "Child pornography" is easier to define than more elusive concepts such as "obscenity," but several categories of content exist that may or may not constitute child pornography, depending upon the circumstances. By using this webpage in any way you agree that you accept our Terms and Conditions.

1. Introduction:

Producing, possessing or distributing images of minors (anyone under the age of 18) engaged in sexual conduct is illegal. Some states in the United States and many countries allow sexual conduct and marriage between adults and minors, but visual depictions of that conduct are prohibited in the United States by federal law. Similarly, sexual conduct between minors or by a minor is often tolerated but visual depictions of that conduct are also prohibited. Child Pornography laws in the United States exist to protect children and are strictly enforced - websites that display any content that might be considered child pornography should expect to be prosecuted.

2. The First Amendment:

Unlike pornographic images of adults, the First Amendment does not protect the possession or distribution of child pornography. Content that depicts children engaged in sexual conduct is "a category of material outside the protection of the First Amendment." New York v. Ferber, 458 U.S. 747 1982. The First Amendment does protect some material that could be considered child pornography, for example images in a medical textbook that show a child's genitalia. Although the possession or distribution of such images might be protected by the First Amendment when used in a pediatric context, the same images would probably not be protected if they were displayed on an adult website. Unless you have the resources of, for example, Calvin Klein, and can afford the legal battle, play it safe and do not display any questionable images of minors on your website.

3. Federal Statutes:

Title 18 of the United States Code governs child pornography. See Chapter 110, Sexual Exploitation and Other Abuse of Children. 18 U.S.C. § 2256 defines "Child pornography" as:
"any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where - (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct . . ."
Section 2256 clearly defines images of minors engaged in sexually explicit conduct as "Child Pornography." It also, however, adds to that definition images that appear to depict a minor engaged in sexually explicit conduct, and images or advertisements that suggest images of minors engaged in sexually explicit conduct. Does that mean that adult websites that display sexually explicit images of legal-age models in pigtails with a lollipop, while surrounded by stuffed animals, can be prosecuted under Child Pornography laws? The short answer is yes. Future prosecutions will determine which direction the law is going. See our Website Prosecutions page for a few examples of current adult website legal issues.
If your adult website displays images that arguably appear to have minors engaged in sexually explicit conduct, make sure that you are prepared. You should have the proper legal forms that you need to comply with federal record keeping requirements, and you should have a lawyer who has already seen your adult website(s) and has some idea about what arguments he or she will make if you are prosecuted. You should also have plenty of money and a desire to make the headlines. Remember, if you are prosecuted for violating child pornography laws, a jury will decide whether the content on your adult website is child pornography. Without a doubt, some juries will see child pornography where there is none.

4. Sexually Explicit Conduct:

18 U.S.C. § 2252 prohibits the production, transportation, or knowing receipt or distribution of any visual depiction "of a minor engaging in sexually explicit conduct." For the purposes of Title 18, 18 U.S.C. § 2256 defines a "minor" as any person under the age of eighteen years, and "sexually explicit conduct" as actual or simulated:
"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic abuse; or (E) lascivious exhibition of the genitals or pubic area of any person"
"Sexual intercourse" and "bestiality" (sex with an animal) seem pretty clear - if your website displays images that a prosecutor believes involve minors engaged in sexual intercourse or bestiality, expect to be prosecuted. Which acts constitute "masturbation" or "sadistic or masochistic abuse" may be more difficult to define, because participants engaged in such activities tend to do so for a sexual purpose. Clearly a child could appear to be engaged in such activities without intending a sexual purpose. What a child intends by his or her actions is irrelevant, however, because Federal law prohibits "simulated" as well as actual acts. Many states also address this issue by prohibiting images of minors touching or displaying their bodies "for the purpose of sexual stimulation of the viewer." (See, for example, California Penal Code §§ 311.3-312.7).
Section (E) prohibits images of "lascivious exhibition of the genitals or pubic area." Courts that have interpreted this section have done so broadly - "as used in the child pornography statute, the ordinary meaning of the phrase "lascivious exhibition" means a depiction which displays or brings forth to view in order to attract notice to the genitals or pubic area of children, in order to excite lustfulness or sexual stimulation in the viewer." See United States v Knox (1994). You may risk prosecution if your website displays images of minors depicted in a way that excites viewers.

5. United States v Knox:

In Knox, a man who had previously been convicted of receiving child pornography through the mail ordered video tapes (by mail) of girls between the ages of ten and seventeen who, in the Court's words, "were dancing or gyrating in a fashion not natural for their age." The girls wore bikini bathing suits, leotards, or underwear - none of the girls in the videos was nude. The videos were set to music, and it appeared that someone off-camera was directing the girls. The photographer videotaped the girls dancing, and zoomed in on each girl's pubic area for an extended period of time. Knox was prosecuted under United States Child Pornography laws.
Legal counsel for Knox argued that "lascivious exhibition of the genitals or pubic area" meant that the girls had to be nude - wearing clothing meant that that genitals and pubic area were clearly not exhibited. The Court disagreed and held that there was no nudity requirement in the statute: "the statutory term "lascivious exhibition of the genitals or pubic area," as used in 18 U.S.C. ? 2256(2)(E), does not contain any requirement that the child subject's genitals or pubic area be fully or partially exposed or discernible through his or her opaque clothing."

6. Unanswered Questions:

The Courts will likely continue to define what is prohibited under the child pornography laws. For example, if a website displays legal images of children, perhaps scanned from magazines and other legal sources, in a way that a prosecutor believes could excite some viewers, can that website be prosecuted under the child pornography laws? In many states and countries the age of consent is younger than 18. Can the USA prosecute a webmaster in another country who is displaying images of a 16 year old nude model, even if the images are not illegal in the webmaster's home country? The USA invades other countries to enforce its drug laws, so it's possible that webmasters in other countries might find themselves hauled to the USA to face criminal charges if they violate USA child pornography laws.

7. Conclusion:

If you want to be safe, do not display any images of minors on your adult website and do not advertise or suggest that your models are minors. If your website displays any arguably sexual images of minors, you may risk prosecution if it appears that your site exists for the sexual stimulation of viewers. If you display any questionable images of minors on your website, make sure you have a good lawyer. If you have any questionable images on your site, but you know that the model depicted is of legal age, make sure that you have the necessary legal records you will need to produce if you are prosecuted.

Rules guidelines for Internet safety

Important rules

1) Teach your children to never give personal information over the Internet, such as real name, birthday, address, telephone number, password, parents' names, the name of any club or team he/she is involved in, name of his/her school, or after school job.

2) Teach them to avoid all personal identifiers and avoid postings about parties, events, or activities where a stranger could find them. Screen names should be gender neutral.

(In January of 2005 in Lafayette, Louisiana, a 16-year-old girl was attacked by a 37-year-old man who read her profile on a popular social networking site and tracked her down at her after-school job).

3) Pay Attention to Online Photos: Know the type of photos your child is posting online. It is wisest to encourage your child not to post any photos online. Children use various forms of technology to post information and photos online, such as videos and web cams. Photos from camera phones can also be uploaded. Parents and guardians should be aware of the imagery their children post on the Web--these images may pose a risk to their children, exposing them to online predators and people they don't know. Even innocent photos can attract a predator. Check with your child's school to see if students' projects, artwork, or photos are being put on school websites. Schools need to be reminded of the risk and encouraged to allow access to student activities posted on the school's website by password only or posted on the school's Intranet. Webcams should only be used under close parental supervision and sent only to trusted friends and family.

Even innocent pictures of school activity on a school Web site have attracted the attention of one predator who became obsessed and kidnapped a child from his school (Burkey, Martin. "Martin Says Child Exploitation is 'Epidemic'." The Decatur Daily News 23 May 2006).

4) Supervise Computer Use: Keep your child's computer in an open area of your home and find out what other computers and Internet-enabled mobile devices (cell phones and PDA's) children may be using outside of the home. Placing the computer in an area, such as the kitchen or family room, gives parents and guardians the ability to supervise a child's online navigation.

30% of parents allow their teenagers to use the computer in private areas of the house such as a bedroom or a home office. Parents say they are more vigilant about where their teen(s) go online if the computer is in a public area of the household (Ketchum Global Research Network. Parents' Internet Monitoring Study. National Center for Missing & Exploited Children and Cox Communications, 2005).

5) Keep the Lines of Communication Open: Spend time on the Internet alongside your child and establish an atmosphere of trust. This provides an opportunity for parents and guardians to engage in dialogue about websites their children visit and programs they are using. Parents and guardians should be open to learning about technology so they can keep up with their children. Understanding how children use the Internet will give parents and guardians a better idea of the risks they may face, and how they can better safeguard their children.

65% of all parents and 64% of all teens say that teens do things online that they wouldn't want their parents to know about (Family, Friends & Community: Protecting Teens Online, Amanda Lenhart. March 17, 2005. Pew Internet & American Life Project. December 12, 2005).

6) Know your kids' online activities and friends. Know each of your child's passwords, screen names, and all account information. Regularly ask your kids about who they are communicating with online and their activities. Be Proactive. Role-play with your child the various dangerous scenarios they could encounter online, and remind them that the people they meet online are not their "friends." Children should be cautioned to only communicate online with people they know by sight and who have been approved by you.

Almost one in eight youth ages 8-18 discovered that someone they were communicating with online was an adult pretending to be much younger (Internet safety: Realistic Strategies & Messages for Kids Taking More and More Risks Online. December 21, 2005. Polly Klaas Foundation. February 17, 2006)

7) Instruct your child never to plan a face-to-face meeting. Children should also be advised to come to you if anyone makes them feel scared, uncomfortable, or confused or suggests meeting them.

One-third of youth ages 8-18 have talked about meeting someone they have only met through the Internet (Omnibuzz.Research. Nationwide Poll of Teens and Tweens. Polly Klaas Foundation, December 21, 2005).

8) Talk to your children about chat rooms. Recognize that chat rooms are the playground of today's sexual predator. EIE strongly urges parents to disallow chat rooms because it's impossible for a parent, child, or technology tool to recognize a disguised predator.

30% of teenage girls polled by the Girl Scout Research Institute said they had been sexually harassed in a chat room. Only 7% told their parent because they were worried that their parents would ban them from going online (Girl Scout Research Institute. The Net Effect: Girls and New Media. 2002).

9) Limit your child's Instant Messaging to a parental or guardian-approved buddy list. Regularly check your child's buddy list to ensure that it has not been altered.

42% of parents do not review the content of what their teenager(s) read and/or type in chat rooms or via instant messaging (Ketchum Global Research Network. Parents' Internet Monitoring Study. National Center for Missing & Exploited Children and Cox Communications, 2005).

10) Limit and monitor the amount of time your child spends on the Internet, and at what times of day. Excessive time online, especially at night, may indicate a problem. Remind your child that Internet use is a privilege, not a right.

23% of youth reported being "very" or "extremely upset" by exposures to sexual material (The Victimization of Children: Emerging Issues. Ed. J.L. Mullings, J.W. Marquart, and D.J. Hartley. New York: Haworth Maltreatment &Trauma Press, 2003).

11) Establish online rules (see Youth Internet Safety Contract) and an agreement with your child about Internet use at home and outside of the home (i.e., at a friend's house, at school, at the library, etc.).

77% of parents do not have rules about what their kids can do on the computer, such as restricting the amount of time their kids spend on the computer (Generation M: Media in the Lives of 8-18 Year-Olds. Kaiser Family Foundation Study, March 2005).

12) Virtual Parenting: Set-up the family's Internet service accounts. Parents should take an active role in setting up Internet service accounts, including any online community services children may join. Parents should regularly monitor accounts to supervise online friends, chat areas and blogs. It is safest to block all chat rooms and limit instant messaging to a parent-approved buddy list.

One third of Internet users ages 10-17 were exposed to unwanted sexual material (University of New Hampshire. Online Victimization of Youth: Five Years Later. National Center for Missing and Exploited Children. August, 2006).

13) Think Like the Child: Search blog sites children visit to see what information they are posting. To ensure that children are not engaging in risky online behavior, we recommend that parents and guardians do a simple online search. Parents and guardians can type in their child's name, nickname, school, hobbies, grade, or residence to determine information availability. Supervise blogs and be aware of not only what your child is posting, but what other kids are posting about your child.

86% of the girls polled said they could chat online without their parents' knowledge, 57% could read their parents' e-mail, and 54% could conduct a cyber relationship (Girl Scout Research Institute. The Net Effect: Girls and New Media. 2002).

14) Report any content or activity that you suspect as illegal or criminal to local law enforcement and to the Peruvian Net against Child Pornography at denuncias@red.org.pe

All about sexual abuse of children

Possible physical indicators of child abuse include:

• Unusual or excessive itching or pain in the genital or anal area
• Torn, stained of bloody underclothes
• Unexplained burns, fractures or dislocations and bruises, swelling, lacerations, redness or bleeding in the genital, vaginal or anal area
• Blood in urine or stools
• Sexual transmitted diseases
• Multiple fractures at different stages of healing
• Bald patches or bruises on the head
• Bruising around the mouth
• Malnutrition and eating disorders
• Difficulty in walking or sitting

Possible behavioural indicators of child abuse include:

• Age inappropriate play with toys, eg. replication of explicit sexual acts and age inappropriate sexually explicit drawings
• Sophisticated or unusual sexual knowledge
• Refusal to go home or to the home of a relative or friend for no apparent reason
• Bed wetting; withdrawl from peer group activities; deterioration of school work
• Drastic changes in the character of the child eg. used to be even tempered and suddenly extremely aggressive

Please note:

These indicators do not necessarily prove that a child has been abused. They are merely clues to alert us. If these signs are observed, the child must be questioned in a calm and peaceful atmosphere and manner. The person asking the questions must be calm, rational and be prepared to get possible horrifying answers. Always stay calm and do not show signs of disgust, shock or extreme emotions as this might adversely affect the child’s behaviour. The child victim needs protection, understanding, assurance and support. The child should be encouraged to discuss his or her experience.

Examples of crimes committed against children under the age of 18 are:

• Rape
• Incest
• Indecent assault
• Murder
• Neglect
• Common assault and assault with the physical intention to do grievous bodily harm
• Abduction, kidnapping and removal
• Crimes regarding the abuse or exploitation of children, under the Preventionof Family Violence Act, Domestic Violence Act, Sexual Offences Act, ChildCare Act and the Films and Publication Act.

Procedure that will be followed in Perú if a case of child abuse is reported:

• The peruvian National Police, in particular the DIVINDAT (Investigation division of high technology crimes), and the Public Ministry are responsible for the investigation of these crimes.
• Once any of these crimes are reported to the DIVINDAT or the Public Ministry, the investigation will, depending on the nature of the specific crime, follow a certain pattern.
• The investigation will usually start with the taking of a statement from the person accompanying the child.
• The next step will be to interview the child. This will be done by a police member specifically trained for this purpose and can be done at the home of the child or at any other place that will be comfortable for the child. During the investigation, which will follow, circumstantial evidence and other evidence such as fingerprints will be gathered at the crime scene. Statements from possible witnesses will also be taken.
• If the child was a victim of a sexual offence, a medical examination should be conducted. This is also the case when the child was physically assaulted and signs of any injuries can be observed. In this case, the external injuries will also be photographed.
• The police will then send the completed docket with all the information to the prosecutor. The prosecutor presents the case to court as the lawyer for the victim. The prosecutor will consult the child complainant before the case is heard and refer the child for counseling and therapy.
• When cases of crime against children are reported to the DIVINDAT or the Public Ministry, the reporter must request a case number, the charges that were laid and the name, rank and telephone number of the investigating officer. It is also your right to get feedback on the progress of the investigation.
• Depending on the circumstances of the case, the investigating officer can suggest to the prosecutor that bail be denied to the accused. However, the final decision will be made by the presiding officer in court. If bail is granted, specific conditions can be set. These can include that the perpetrator is not allowed to make contact with the victim. If the conditions are not complied with, the investigating officer must be notified immediately.
• Facilities are available for the child to testify by means of closed circuit television when necessary.
• Prosecutors encourage children to speak out against abuse. It is safe for children to do so.
• In 83,5% of all crimes against children reported to the Public Ministry the perpetrators are known to the child. These criminals are thus not always unknown strangers lurking in the dark but may even be parents, friends, neighbours or other family members.
• The crimes are usually committed over weekends and during school holidays when children are usually alone at home. The perpetrators usually make contact with the victims in either the victim, or the perpetrator’s home. In the majority of cases the crime is even committed at the child’s home.

Stolen Innocence: Inside the Shady World of Child Sex Tourism

U.S.A.- (By Britanny Bacon - World Vision / ABC News) The tales of child victims of the sex tourism overseas are heartbreaking and disturbing, and as the international industry booms its legal effects are being felt right here in the United States.
In fact, North America accounts for a quarter of all child sex tourism around the globe, according to humanitarian experts. This week a New Jersey millionaire goes on trial for allegedly recruiting destitute boys for sex meetings abroad, and a New York sex tour operator will be sentenced wednesday to up to seven years in prison for promoting prostitution. The multimillion dollar child sex tourism industry is supported by foreigners who travel to developing countries where widespread poverty and corrupt law enforcement foster an illicit environment in which they can have sex with children as young as 5 for as little as $5, often with little recourse, said Geoffrey Keele, a child protection spokesperson at UNICEF, the world's largest child care organization.
According to Department of Justice figures, child prostitutes serve between two and 30 clients per week, totaling 100 to 1,500 sex clients per child, per year. But some sex tourists claim that far from abusing the children, they are helping to support them.
ABC News took a look into the shadowy world of desire and exploitation that authorities say victimizes about 2 million children every year.

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The Secret Digital World of Child Sex Tourism

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Tapping into child sex tourism is about as easy as going online, booking a flight and taking a taxi, said child protection experts.
Before even setting foot on foreign soil, "tourists" can surf the Web for everything they need to know about having sex with a child abroad.
Pedophiles, which make up a large group of the sex tourists that exploit children, mainly under 12, keep track of news articles that mention the locations of kids and schools in particularly poor areas. They then share their stories and plan sex tours, said Carol Smolenski, the executive director at ECPAT-USA, the U.S. branch of an international network that combats child sex tourism.
"This is about the purchase of child's body as a commodity, and the Internet just makes the sale even easier," she said.
Web sites provide pornographic accounts written by experienced child sex tourists and tour operators, including specific information about how to access a child prostitute and how much to spend.