RECOMMENDATION 52

Part: 
Three
Chapter: 
3

State legislatures should enact or amend legislation, if necessary, which require photo finishing laboratories to report suspected child pornography.

Pedophile offenders privately produce a great quantity of the child pornography.[616] Some child pornographers may have facilities in their homes to develop the photographs, but many producers must use commercial photo finishing laboratories.[617]

Effective law enforcement practices should include efforts to reach the photo finishing process. One Federal prosecutor told this Commission, ". . . there can be little doubt that photo finishers provide a key link in the chain of distribution of child pornography."[618] The photo finishers should be told clearly by law enforcement agencies the type of materials which are sought. The description may mirror the definition found in the Child Protection Act or their respective state laws.[619]

Photo finishers also should be clearly told what responsibilities they have as well as the sanctions they may face for neglect of duty.

In an attempt to address this problem the California legislature amended the Child Abuse Reporting Law.[620] The California law has resulted in an increased effectiveness in law enforcement efforts without a noticeable incidence of spurious reporting.

Although state and local law enforcement officials must be aware of the special problems associated with automated photo finishers these establishments should not be excused from compliance.

Notes

  1. Washington, D.C., Hearing, Vol. I. Daniel Mihalko, p. 145.
  2. Id.
  3. Chicago Hearing, Vol. II. Frederick Scullin, p. 44.
  4. 18 U.S.C. S2252(1985).
  5. The statute provides in part.
  6. Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, videotape, negative or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3. Cal. Penal Code. S11165 (West 1985).