RECOMMENDATION 48

Part: 
Three
Chapter: 
3

State legislatures should amend, if necessary, child pornography laws, to create a felony offense for advertising, selling, purchasing, bartering, exchanging, giving or receiving information as to where sexually explicit materials depicting children can be found.

Many people who produce and exchange child pornography have created intricate networks for information. They may join together for the purpose of trading children or trading information about the children.[591] Some pedophiles and child pornographers have formed associations which have national membership.[592]

Since child pornography is primarily a covert cottage industry, pedophiles who are child sexual abusers may use various underground publications or child pornography publications to place advertisements for children or child pornography.[593] Advertisements often are presented in coded language[594] or they may be explicit and direct.[595] The ability to easily obtain information regarding the location of children and child pornography allows pedophiles and child pornographers who collect child pornography to continue the exploitation of children.

Legislation is needed to prohibit the advertising, selling, purchasing, bartering, exchanging, given or receiving of information as to where children or child pornography may be found. The penalty for a violation of the new legislation should be a felony. Legislation directed at curbing the flow of child pornography and information related to its production and distribution will enable law enforcement agents to attack the methods of child sexual abusers.

It is well recognized that the advertisement of material which is illegal constitutionally may be prohibited.[596] Since child pornography is illegal, states may enact statutes to prohibit the advertising of such material. States may enact legislation which would regulate the exchange of this information and would assist in impeding the flow of child pornography. The Congress addressed this issue on an interstate level in the Child Protection Act of 1984.[597]

Notes

  1. Washington, D.C. Hearing, Vol. I. Daniel Mihalko, pp. 147-48.
  2. The North American Man-Love Boy Association is commonly referred to as NAMBLA. NAMBLA publishes the Bulletin and supports laws that would abolish the minimum age for consensual sexual acts. This group is recognized as an association of and for pedophiles. The Rene Guyon Society of which Tim O'Hara is founder and president, has the motto of "Sex before eight (years of age), or it's too late:" PIE: Pedophile Information Exchange, has a worldwide newsletter which serves as a contact agency for pedophiles.
  3. Miami Hearing, Vol. I. R.P. "Toby" Tyler, p. 176A5.
  4. Coded advertisements may provide:
  5. "Family man seeks other with similar interest." Swing. Issue 45, p. 18. Dawn Media, San Diego, CA (1982);

    "Pretty mother with pretty daughters invites inquiries from gentlemen anywhere, who are interested in meeting us or in photography." Lolita. Issue 48; Id.

  6. "Love them young and innocent! Will buy photos, magazines, video tapes of young girls or boys . . . ." (Display advertisement) Wonderland: Newsletter of the Lewis Carroll Collectors Guild, No. 6:6(1984). Id.
  7. See, Central Hudson Gas & Electric Corp. v. Public Utility Service Commission of New York, 447 U.S., 557 (1980). In addressing the issue of regulating commercial speech, the Court formulated a four-part test:
  8. At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advanced the governmental interest asserted and whether it is not more extensive than is necessary to serve that interest. 447 U.S., p. 466.

  9. 18 U.S.C. SS2251-2252(1985).