Child Exploitation and Obscenity Section n n What

Child Exploitation and Obscenity Section n n What we do. . . Assist 93 federal prosecution offices nationwide on child exploitation and child pornography prosecutions. Coordinate international investigations. Train investigators and prosecutors. Legislation and policy.

Child Exploitation Crimes In the United States n Child Prostitution – Domestic Sex Trafficking of Minors; n Sex Tourism; n Child Pornography; n Sexual Abuse of Children; n International Parental Kidnapping; and n Child Custody and Support.

Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 n n Known as the PROTECT ACT. Important tool in U. S. law enforcement arsenal – response to increased awareness of the exploitation of children. n Passed by Congress on April 9, 2003. n Signed by President Bush on April 30, 2003 (effective date of the ACT).

Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 n Contains many important provisions reforming statutes that criminalize the sexual exploitation of children, including: n Child Pornography provisions fixing constitutional challenges to U. S. child pornography laws. n Sentencing Reform – sentences higher for these crimes. n Expansion of the Sex Tourism Statute – to target U. S. citizens that travel abroad and for tour operators. n Expansion of International Parental Kidnapping Statute.

The Adam Walsh Child Protection and Safety Act of 2006 n Signed by President Bush and effective on July 27, 2006. n Increased penalties for federal sex abuse and child sexual exploitation crimes. n Added 18 U. S. C. § 3509(m), which requires child pornography to remain in the care, custody, and control of the government or the court in criminal proceedings.

The Adam Walsh Child Protection and Safety Act of 2006 n n n Created new federal offense for failure to register as a sex offender– 18 U. S. C. Section 2250 Applies where the person is required to register on the basis of a federal, D. C. , tribal, or territorial offense OR travels in interstate or foreign commerce (or enters or leaves or resides in Indian country), AND knowingly fails to register or update a registration as required. Maximum sentence= 10 years

The Adam Walsh Child Protection and Safety Act of 2006 n n Created new federal offense which imposes a term of imprisonment upon registered sex offenders who commit a qualifying offense with a minor– 18 U. S. C. Section 2260 A. Maximum sentence= 10 years

The Adam Walsh Child Protection and Safety Act of 2006 n 18 U. S. C. Section 3299 provides that a prosecution may be instituted at any time without limitation for any offense under Section 1201 involving a minor victim, and for any felony under chapters 109 A, 110 (except for 2257 and 2257 A), 117 or Section 1591.

Child Prostitution – U. S. Domestic Sex Trafficking of Minors n n Estimated that 293, 000 American youths are currently at risk of becoming victims of commercial sexual exploitation. Runaway or throwaway victims. Not a victimless crime! Recruited into prostitution through forced abduction, pressure, or deceptive arrangements. Transported within United States for prostitution.

Child Prostitution – U. S. Enforcement Efforts n n n Operation Innocence Lost – CEOS and FBI partnership, along with assistance from the National Center for Missing and Exploited Children. Nationwide initiative to focus on child victims of interstate sex trafficking in the U. S. 14 targeted cities – establishing taskforces and focus on multi-jurisdictional approach to problem.

Child Prostitution – U. S. Enforcement Efforts n n Since 1910, it has been a federal crime to transport minors over state lines for purpose of committing illegal sex acts. Four primary statutes – 18 USC § 1591, and 18 USC §§ 2421 -2423.

18 USC § 1591 – Sex Trafficking of Children or by Force, Fraud, or Coercion n Knowingly recruit, entice, harbor, transport, provide or obtain by any means a person, or to benefit from such activities, knowing that the person will be caused to engage in commercial sex acts. n Person must either be a child under 18 or n Where force, fraud or coercion exists. n Statute does not require that either offender or victim actually travel. n Penalty = mandatory minimum of 15 years and maximum of life imprisonment where offense effected by force, fraud or coercion OR if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14. n If no force, fraud, or coercion and victim was at least 14 and under 18, man min=10 yrs and maximum sentence is life imprisonment. n Prior to Adam Walsh Act, no mandatory minimum sentences.

18 USC § 2421 – Transportation for Illegal Sexual Activity n Knowing transportation of any individual in interstate or foreign commerce with the intent that such individual engage in prostitution, or in any illegal sexual activity. n Federal jurisdiction = proof of actual travel in interstate commerce. n Penalty = 10 year statutory maximum.

18 USC § 2422 – Coercion and Enticement n n n Knowingly persuade, induce, entice or coerce any individual to travel in interstate or foreign commerce to engage in prostitution or any illegal sexual activity, or attempts to do so; Penalty = maximum of 20 years. Using the mail or any facility or means of interstate or foreign commerce to knowingly persuade, induce, entice, or coerce any child under 18, to engage in prostitution or any illegal sexual activity, or attempts to do so; n Penalty = mandatory minimum of 10 years, maximum of life. n Prior to Adam Walsh Act, man min of 5 years, maximum of 30 yrs.

18 USC § 2423(a) – Transportation of Minors n n n Knowingly transport a child under 18 in interstate or foreign commerce with the intent that the child engage in prostitution or illegal sexual activity. Adam Walsh Act provided for mandatory minimum of 10 years, maximum of life (current penalty). PROTECT Act provided for man min of 5 years, maximum of 30 yrs.

18 USC § 2423(b) – Travel with Intent to Engage in Illicit Sexual Conduct n n n A person who travels in interstate commerce or travels into the U. S. , or a U. S. citizen or alien admitted for permanent residence in the U. S. who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct. “Illicit sexual conduct” includes engaging in a sexual act with a child under the age of 16, or a commercial sex act with a child under the age of 18. PROTECT Act provided for statutory maximum of 30 years (current penalty).

18 USC § 2423(c) – Engaging in Illicit Sexual Conduct in Foreign Places n Created by the PROTECT Act n Any U. S. citizen or alien admitted for permanent residence in the U. S. who travels in foreign commerce and n Engages in any illicit sexual conduct with another person. n n “Illicit sexual conduct” includes engaging in a sexual act with a child under the age of 16, or a commercial sex act with a child under the age of 18. Penalty = Statutory maximum of 30 years.

Defense to 18 U. S. C. § 2423(b), (c) Where “illicit sexual conduct” is a commercial sex act with a child under 18 years, the defendant must prove by a preponderance of the evidence that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.

18 USC § 2423(d) – Ancillary Offenses – Tour Operator n n Created by the PROTECT Act Whoever for purpose of commercial advantage or private financial gain arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct. n Targets sex tour operators. n Penalty = maximum of 30 years.

18 USC § 2423(e) – Attempt and Conspiracy n n n Created by the PROTECT Act Whoever attempts or conspires to violate subsection (a), (b), (c) or (d). Penalty = maximum of 30 years.

Child Pornography is a form of Child Exploitation n U. S. federal prosecutors enforce the laws that make it a crime to possess, receive, distribute, or produce child pornography in a way that affects interstate or foreign commerce. Child Pornography = visual depiction of person under the age of 18 engaged in sexually explicit conduct. Sexually explicit conduct does not require that the visual depiction of the child show the child engaged in actual sexual activity; i. e. , can be a lascivious exhibition of the genitals or pubic area.

Child Pornography is a form of Child Exploitation n 18 USC §§ 2251, 2252 A – prohibit the production, distribution, receipt, and possession of child pornography. n Most often an Internet crime. n Recent Developments: n n Anti-Web Surfing Provision Web Cams/Live Transmission of Images of Child Abuse

Child Pornography is a form of Child Exploitation n U. S. Bureau of Prisons Study – approximately 76% of individuals incarcerated for child pornography offenses admitted to child molestation. U. S. Postal Inspection Service Study – approximately 40% of individuals arrested for a child pornography offense admitted to molesting a child. Child Pornography feeds the market and often used to desensitize victims.

Child Pornography Penalties n Production of Child Pornography – 18 USC § 2251 = mandatory minimum of 15 years and not more than 30 years. n n Distribution, Sale, Receipt or Transportation of Child Pornography – 18 USC § 2252 = mandatory minimum of 5 years and not more than 20 years. n n If defendant has prior similar conviction, penalty = minimum of 25 years and maximum of life imprisonment. Two prior convictions, penalty = minimum of 35 years. If prior similar conviction, penalty = not less than 15 years or more than 40 years. Possession of Child Pornography – 18 USC § 2252 = imprisonment of not more than 10 years. n If prior similar conviction, penalty = not less than 10 years nor more than 20 years.

Justice for All Act, 18 U. S. C. § 3771 n Recognizes that a crime victim has the following rights. . . n n n Reasonable protection from the accused Right to be present at court proceedings Right to be heard at any public proceeding – release, plea, sentencing, or any parole proceeding Timely restitution Proceedings free from reasonable delay Right to be treated with fairness and with respect for the victim’s dignity and privacy

Child Exploitation and Obscenity Section Department of Justice 1400 New York Ave, Suite 600 Washington, DC 20530 (202) 514 -5780 Email: Alecia. Riewerts@usdoj. gov