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What is Child Pornography?
Under federal law (18 U.S.C. §2256), child pornography1 is defined
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
- the production of the visual depiction involves the use of a minor
engaging in sexually explicit conduct; or
- the visual depiction is a digital image, computer image, or computer-generated
image that is, or is indistinguishable from, that of a minor engaging
in sexually explicit conduct; or
- the visual depiction has been created, adapted, or modified to appear
that an identifiable minor is engaging in sexually explicit conduct.
Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing,
distributing, receiving, or possessing with intent to distribute, a visual
depiction of any kind, including a drawing, cartoon, sculpture or painting,
that
- depicts a minor engaging in sexually explicit conduct and is obscene,
or
- depicts an image that is, or appears to be, of a minor engaging in
graphic bestiality, sadistic or masochistic abuse, or sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex and such depiction
lacks serious literary, artistic, political, or scientific value.
Sexually explicit conduct is defined under federal law (18 U.S.C. §2256)
as actual or simulated sexual intercourse (including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex), bestiality, masturbation, sadistic or masochistic
abuse, or lascivious exhibition of the genitals or pubic area of any
person.
Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is
defined as a person under the age of 18.
Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute,
or access with intent to view child pornography (18 U.S.C. §2252). In
addition, all 50 states and the District of Columbia have laws criminalizing
the possession, manufacture, and distribution of child pornography. As
a result, a person who violates these laws may face federal and/or state
charges.
Where Is Child Pornography Predominantly Found?
Child
pornography exists in multiple formats including print media, videotape,
film, CD-ROM, or DVD. It is transmitted on various platforms within
the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant
Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.
What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography
suggests that child pornography possessors are a diverse group, including
people who are
- sexually interested in prepubescent children or young adolescents,
who use child pornography for sexual fantasy and gratification
- sexually “indiscriminate,” meaning
they are constantly looking for new and different sexual stimuli
- sexually
curious, downloading a few images to satisfy that curiosity
- interested
in profiting financially by selling images or setting up web sites
requiring payment for access2
Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography
possessor because there is not just one type of person who commits
this crime.
In a study of 1,713 people arrested for the possession of child pornography
in a 1-year period, the possessors ran the gamut in terms of income,
education level, marital status, and age. Virtually all of those
who were arrested were men, 91% were white, and most were unmarried
at the time of their crime, either because they had never married (41%)
or because they were separated, divorced, or widowed (21%).3
Forty percent (40%) of those arrested were “dual offenders,” who
sexually victimized children and possessed child pornography, with
both crimes discovered in the same investigation. An additional 15%
were dual offenders who attempted to sexually victimize children by
soliciting undercover investigators who posed online as minors.4
Who Produces Child Pornography?
Based on information provided by law enforcement
to NCMEC’s
Child Victim Identification Program, more than half of the child victims
were abused by someone who had legitimate access to them such as parents,
other relatives, neighborhood/family friends, babysitters, and coaches.
What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia
to graphic sexual abuse, such as penetration by objects, anal penetration,
and bestiality.
Of the child pornography victims identified by law enforcement, 42%
appear to be pubescent, 52% appear to be prepubescent, and 6% appear
to be infants or toddlers.
What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they
are a permanent record of the abuse of a child. The lives of the children
featured in these illegal images and videos are forever altered.
Once these images are on the Internet, they are irretrievable
and can continue to circulate forever. The child is revictimized as the
images are viewed again and again.
End Notes
1 As stated by Janis Wolak, Kimberly Mitchell, and David Finkelhor in
Internet Sex Crimes Against Minors: The Response of Law Enforcement (Alexandria,
Virginia: National Center for Missing & Exploited Children, November
2003, page vii), “The term ‘child pornography,’ because
it implies simply conventional pornography with child subjects, is an
inappropriate term to describe the true nature and extent of sexually
exploitive images of child victims. Use of this term should not be taken
to imply that children ‘consented’ to the sexual acts depicted
in these photographs; however, it is the term most readily recognized
by the public, at this point in time, to describe this form of child
sexual exploitation. It is used in this [document] to refer to illegal
pictorial material involving children under the standards developed by
statute, case law, and law-enforcement-agency protocols. It is hoped
a more accurate term will be recognized, understood, and accepted for
use in the near future.”
2 Janis Wolak, David Finkelhor, and Kimberly Mitchell. Child-Pornography
Possessors Arrested in Internet-Related Crimes: Findings From the National Juvenile
Online Victimization Study (Alexandria, Virginia: National Center for Missing & Exploited
Children, 2005, page x) citing Eva J. Klain, Heather J. Davies, Molly A.
Hicks. Child Pornography: The Criminal-Justice-System Response (Alexandria,
Virginia: National Center for Missing & Exploited Children, March 2001)
and M. Taylor and E. Quayle. Child pornography: An Internet crime. Hove: Brunner-Routledge,
2003.
3 Id., pages 1-3.
4 Id., page viii.
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