RECOMMENDATION 46

Part: 
Three
Chapter: 
3

State legislatures should amend, if necessary, laws making the sexual abuse of children, through the production of sexually explicit visual depictions, a felony.

The sexual exploitation of children is the basis for the production and distribution of child pornography.[584] The production and distribution of child pornography is done in a largely clandestine fashion which makes law enforcement efforts to curb the dissemination more difficult.[585]

The classification of an offense of the sexual abuse of children in connection with child pornography as a felony gives notice to child pornographers and child sexual abusers who produce child pornography that they will be dealt with in a serious manner. An offense classified as a felony receives more attention within the prosecutor's office than the same offense classified as a misdemeanor. The enhanced priority will undoubtedly lead to more effective enforcement and prosecution.

Notes

  1. Miami Hearing, Vol. I. William Dworin, p. 30.
  2. Washington, D.C., Hearing, Vol. I. Daniel Mihalko, p. 145.