RECOMMENDATION 47

Part: 
Three
Chapter: 
3

State legislatures should enact legislation, if necessary, to make the conspiracy to produce, distribute, and give away, or exhibit any sexually explicit visual depictions of children or exchange or deliver children for such purposes, a felony.

Individuals involved in the child pornography trade may often form networks with local, national and international connections.[586] A clergyman who operated a farm for wayward boys used the boys who lived on the farm to engage in sexual acts with sponsors of the farm. The sexual activities episodes were filmed and sold as souvenirs to the sponsors.[587]

In another circumstance, a Boy Scout troop of forty boys was created to provide sexual services to the adult men who accompanied them on outings. The troop leaders also filmed the activities.[588]

Pedophile offenders and child pornographers use such networks as a means to trade, exchange, and traffic in child pornography.[589] They may also use the contacts they make through this network to locate potential child victims.[590]

The existence of these networks of pedophile offenders and child pornographers along with the magnitude of the harm they may inflict makes it imperative that state legislatures act, where existing laws are deficient, to make the conspiracy to produce, distribute, give away or exhibit any sexually explicit visual depictions of children or to exchange or deliver children for such purpose a felony.

Notes

  1. Miami Hearing, Vol. II. Seth Goldstein, p. 285X6; During an investigation in Los Angeles California, police found a mailing list of 5,000 customers of child pornography distributor Catherine Wilson. Miami Hearing, Vol. II, Joyce Karlin, p. 149.
  2. Id.
  3. Id. at 285X18.
  4. Id.
  5. Id.