Images Depicting Sexual Exploitation of Minors
Images depicting the sexual exploitation of minors are illegal contraband. The images are commonly called child pornography and also as child sexual abuse material (CSAM). Contact a law enforcement agency when you encounter such images.
Is the image lawful or unlawful?
The best thing to do is to contact law enforcement for a determination about whether or not an image is unlawful. Pornography (often involving consenting adults)is generally protected speech, unless it is obscene, as the US Supreme held in 1973 in Miller v. California.
What is child pornography? Federal law under US Code:
Federal Law. 18 U.S. Code 2256 - Definitions for chapter
Child pornography
Child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Reference:
Legal Information Institute. (2017). Cornell Law School. Retrieved from https://www.law.cornell.edu/uscode/text/18/2252A
What is erotica?
Erotica consists of written works, usually fiction, dealing with sexual love. Erotica also includes sexually explicit art, sculptures, or the like, depicting human sexuality. Erotica involving adults is not a crime. Where minors are involved, a law enforcement officer can make a determination.
Miller v. California
Miller v. California, 413 U.S. 15
Obscene materials are defined as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; and that the work, taken as a whole, lack serious literary, artistic, political, or scientific value.
Case citation: Marvin Miller v. State of California Citations 413 U.S. 15(more)93 S. Ct. 2607; 37 L. Ed. 2d 419; 1973 U.S. LEXIS 149; 1 Media L. Rep. 144.1
United States v. Dost
The Dost test is a six-factor guideline about child pornography. The case occurred in 1986 in the United States District Court case United States v. Dost, 636 F. Supp. 828 (S.D.Cal. 1986).
-Whether the focal point of the visual depiction is on the child's genitalia or pubic area.
- Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity.
- Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child.
- Whether the child is fully or partially clothed, or nude.
- Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.
- Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.
Reference:
Justia. (2017). United States v. Dost, 636 F. Supp. 828 (S.D. Cal. 1986). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/636/828/1757784/
US v. Stephen A. Knox (3rd Circuit)
United States Court of Appeals for the Third Circuit. No. 92-7089. United States of America v. Stephen A. Knox. Appellant
The principal question presented by this appeal is whether videotapes that focus on the genitalia and pubic area of minor females constitute a "lascivious exhibition of the genitals or pubic area" under the federal child pornography laws, 18 U.S.C. ºº 2252(a)(2), (4) and 2256(2)(E) (1988 & Supp. IV 1992), even though these body parts are covered by clothing.
When this case first came before us, we held that such visual depictions do qualify as lascivious exhibitions and that this interpretation does not render the statute unconstitutionally overbroad.
United States v. Knox, 977 F.2d 815, 820-23 (3d Cir. 1992), vacated and remanded, __ U.S. __, 114 S. Ct. 375 (1993).
At the Supreme Court's instruction, we have further considered this case "in light of the position asserted by the Solicitor General in his brief for the United States," Knox v. United States. In that brief and in its subsequent brief filed in this court after the Supreme Court remand, the government argues that the plain language of the statute requires the genitals or pubic area exhibited to be at least somewhat visible or discernible through the child's clothing. We hold that the federal child pornography statute, on its face, contains no nudity or discernibility requirement, that non-nude visual depictions, such as the ones contained in this record, can qualify as lascivious exhibitions, and that this construction does not render the statute unconstitutionally overbroad. Finally, we again conclude that the government presented sufficient evidence at the bench trial to establish both the necessary mens rea and the delivery of the films through interstate mail. We thus will reaffirm Knox's conviction.
Reference:
The Villanova Center for Information Law and Policy. (2017). US v. Knox. Retrieved from http://www.mit.edu/activities/safe/safe/cases/knox/94a0734p.htm
Contact one or more of the following law enforcement agencies:
Contact a law enforcement agency if you are unable to determine the lawfulness of an image.
Internet Crimes Against Children Task Force
Each state in the US has an Internet Crimes Against Children (ICAC) Task Force.
Find your local ICAC at this web site:
https://www.icactaskforce.org/pages/contactstaskforce.aspx
Federal Bureau of Investigation (FBI)
The Federal Bureau of Investigations (FBI) operates the Innocent Images National Initiative.
Find your local FBI Field Office at this web site:
https://www.fbi.gov/contact-us/field-offices
Homeland Security Investigations (HSI)
Homeland Security Investigations (HSI) conducts investigations of contraband images.
Find your local HSI Field Office at this web site:
https://www.ice.gov/contact/hsi
State, County, Municipal law enforcement agencies
Find your local law enforcement agency through your local directory. Most of the USA has 911 service for emergency service and check your local directory for the non-emergency number.
Why are the images harmful?
Unlawful images and videos that depict the sexual exploitation of minors are commonly called child pornography. In most jurisdictions, unlawful images are serious crimes. What is wrong with such images? Beyond sexual self-gratification, possessors and traffickers of unlawful images use them for one or more reasons including (Child pornography, 1986):
- To blackmail children into keeping silent about the abuse.
- To preserve a child's youthful image at the age preferred by the pedophile.
- To establish trust and camaraderie with other pedophiles.
- To gain access to other markets and children by exchanging material with other pedophiles.
- To duplicate, produce and sell for profit.
- To reassure themselves that their deviant behavior is shared by others and therefore not abnormal.
- To seduce children and lower the child's inhibitions as part of the grooming process intended to model deviant sexual behavior.
Reference:
Child pornography and pedophilia: Report made by the Permanent Subcommittee on Investigations of the
Committee on Governmental Affairs, United States Senate. (1986). 99th Congress, Second session.
Washington: U.S. G.P.O.1986. iii. 54: 24 cm.
For those who are exposed to traumatic images
Exposure to child sexual abuse materials can have widespread and serious negative effects on professionals. The Innocent Justice Foundation partnered with the Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP), Internet Crimes Against Children (ICAC) Task Force Commanders, and leading global mental health experts in the child sexual abuse field to develop and provide one of the first comprehensive and foundational training programs in the United States to address this exploding problem. The program, including several basic and advanced level trainings, is called the Supporting Heroes in Mental Health Foundational Training (SHIFT).
Reference:
SHIFT Wellness. (2017). Retrieved from http://www.shiftwellness.net/
Should I copy the unlawful image?
No, Do not reproduce the image or copy it. Any media that contains an image of child pornography is considered unlawful contraband. Law enforcement digital forensics analysts will copy evidentiary data for investigative purposes. Other non-law enforcement persons should not reproduce contraband.
What happens when I notify law enforcement?
Typically a law enforcement officer will respond and review the same image(s) that you are reporting. The officer will make a determination as to whether or not the image is unlawful. If the image is unlawful it is likely that the media containing the image will be seized. The investigator will likely prepare an affidavit and search warrant to fully review the entire contents of the seized media.
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