II. Recommendations for the Regulation of Child Pornography

Part: 
Three
Chapter: 
1
  1. Recommendations for Changes in Federal Law

    Recommendation 37. Congress should enact legislation requiring producers, retailers, or distributors of sexually explicit visual depictions to maintain records containing consent forms and proof of performers' ages.

    Recommendation 38. Congress should enact legislation prohibiting producers of certain sexually explicit visual depictions from using performers under the age of twenty-one.

    Recommendation 39. Congress should enact legislation to prohibit the exchange of information concerning child pornography or children to be used in child pornography through computer networks.

    Recommendation 40. Congress should amend the Child Protection Act forfeiture section to include a provision which authorizes the Postal Inspection Service to conduct forfeiture actions.

    Recommendation 41. Congress should amend 18 U.S.C. S2255 to define the term "Visual Depiction" and include undeveloped film in that definition.

    Recommendation 42. Congress should enact legislation providing financial incentives for the states to initiate task forces on child pornography and related cases.

    Recommendation 43. Congress should enact legislation to make the acts of child selling or child purchasing, for the production of sexually explicit visual depictions, a felony.

  2. Recommendations for State Legislation

    Recommendation 44. State legislatures should amend, if necessary, child pornography statutes to include forfeiture provisions.

    Recommendation 45. State legislatures should amend laws, where necessary, to make the knowing possession of child pornography a felony.

    Recommendation 46. State legislatures should amend, if necessary, laws making the sexual abuse of children through the production of sexually explicit visual depictions, a felony.

    Recommendation 47. State legislatures should enact legislation, if necessary, to make the conspiracy to produce, distribute, give away or exhibit any sexually explicit visual depictions of children or exchange or deliver children for such purpose a felony.

    Recommendation 48. State legislatures should amend, if necessary, child pornography laws to create an offense for advertising, selling, purchasing, bartering, exchanging, giving or receiving information as to where sexually explicit materials depicting children can be found.

    Recommendation 49. State legislatures should enact or amend legislation, where necessary, to make child selling or child purchasing for the production of sexually explicit visual depictions, a felony.

    Recommendation 50. State legislatures should amend laws, where necessary, to make child pornography in the possession of an alleged child sexual abuser which depicts that person engaged in sexual acts with a minor sufficient evidence of child molestation for use in prosecuting that individual whether or not the child involved is found or is able to testify.

    Recommendation 51. State legislatures should amend laws, if necessary, to eliminate the requirement that the prosecution identify or produce testimony from the child who is depicted if proof of age can otherwise be established.

    Recommendation 52. State legislatures should enact or amend legislation, if necessary, which requires photo finishing laboratories to report suspected child pornography.

    Recommendation 53. State legislatures should amend or enact legislation, if necessary, to permit judges to impose a sentence of lifetime probation for convicted child pornographers and related offenders.

  3. Recommendations for Federal Law Enforcement Agencies

    Recommendation 54. The State Department, the United States Department of Justice, the United States Customs Service, the United States Postal Inspection Service, the Federal Bureau of Investigation and other Federal agencies should continue to work with other nations to detect and intercept child pornography.

    Recommendation 55. The United States Department of Justice should direct the Law Enforcement Coordinating Committees to form task forces of dedicated and experienced investigators and prosecutors in major regions to combat child pornography.

    Recommendation 56. The Department of justice or other appropriate Federal agency should initiate the creation of a data base which would serve as a resource network for Federal, State and Local law enforcement agencies to send and obtain information regarding child pornography trafficking.

    Recommendation 57. Federal law enforcement agencies should develop and maintain continuous training programs for agents in techniques of child pornography investigations.

    Recommendation 58. Federal law enforcement agencies should have personnel trained in child pornography investigation and when possible they should form specialized units for child sexual abuse and child pornography investigation.

    Recommendation 59. Federal law enforcement agencies should use search warrants in child pornography and related cases expeditiously as a means of gathering evidence and furthering overall investigation efforts in the child pornography area.

    Recommendation 60. Federal law enforcement agents should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.

    Recommendation 61. The Department of Justice should appoint a national task force to conduct a study of cases throughout the United States reflecting apparent patterns of multi-victim, multi-perpetrator child sexual exploitation.

  4. Recommendations for State and Local Law Enforcement Agencies

    Recommendation 62. Local law enforcement agencies should participate in the Law Enforcement Coordinating Committees to form regional task forces of dedicated and experienced investigators and prosecutors to combat child pornography.

    Recommendation 63. State and Local law enforcement agencies should develop and maintain continuous training programs for officers in identification, apprehension, and undercover techniques of child pornography investigations.

    Recommendation 64. State and Local law enforcement agencies should participate in a national data base established to serve as a center for state and local law enforcement agencies to submit and receive information regarding child pornography trafficking.

    Recommendation 65. State and Local law enforcement agencies should have personnel trained in child pornography investigation and when possible they should form specialized units for child sexual abuse and child pornography investigations.

    Recommendation 66. State and Local law enforcement agencies should use search warrants in child sexual exploitation cases expeditiously as a means of gathering evidence and furthering overall investigation effort in the child pornography area.

    Recommendation 67. State and Local law enforcement officers should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.

  5. Recommendations for Prosecutors

    Recommendation 68. The United States Department of Justice should direct United States Attorneys to participate in Law Enforcement Coordinating Committee task forces to combat child pornography.

    Recommendation 69. Federal, State, and Local prosecutors should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.

    Recommendation 70. Prosecutors should assist State, Local, and Federal law enforcement agencies to use search warrants in potential child pornography and related child sexual abuse cases.

    Recommendation 71. State, Local, and Federal prosecutors should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.

    Recommendation 72. State and Local Prosecutors should use the vertical prosecution model in child pornography and related cases.

  6. Recommendations for the Judiciary and Correctional Facilities

    Recommendation 73. Judges and probation officers should receive specific education so they may investigate, evaluate, sentence and supervise persons convicted of child pornography and related cases appropriately.

    Recommendation 74. Judges should impose appropriate periods of incarceration for convicted child pornographers and related offenders.

    Recommendation 75. Judges should use, when appropriate, a sentence of lifetime probation for convicted child pornographers.

    Recommendation 76. Pre-sentence reports concerning individuals found guilty of violations of child pornography or related laws should be based on sources of information in addition to the offender himself or herself.

    Recommendation 77. State and Federal correctional facilities should recognize the unique problems of child pornographers and related offenders and designate appropriate programs regarding their incarceration.

    Recommendation 78. Federal, State, and Local judges should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.

  7. Recommendations for Public and Private Social Service Agencies

    Recommendation 79. Public and private social service agencies should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.

    Recommendation 80. Social, mental health and medical services should be provided for child pornography victims.

    Recommendation 81. Local agencies should allocate victims of crimes funds to provide monies for psychiatric evaluation and treatment and medical treatment of child pornography victims and their families.

    Recommendation 82. Clinical evaluators should be trained to assist children victimized through the production and use of child pornography more effectively and to better understand adult psychosexual disorders.

    Recommendation 83. Behavioral scientists should conduct research to determine the effects of the production of child pornography and the related victimization on children.

    Recommendation 84. States should support age appropriate education and prevention programs for parents, teachers and children within public and private school systems to protect children from victimization by child pornographers and child sexual abusers.

    Recommendation 85. A multi-media educational campaign should be developed which increases family and community awareness regarding child sexual exploitation through the production and use of child pornography.