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Child Sexual Exploitation Background and Legal Analysis (From Exploitation of Children, P 101-131, 1981 - See NCJ-87283)

NCJ Number
87285
Date Published
1982
Length
31 pages
Annotation
The problems of child pornography and child prostitution are analyzed, and State and Federal laws to counter them are discussed, followed by recommendations as to how legislation may be improved.
Abstract
Children are commonly being exploited as prostitutes and models for pornographic photographs and films. The market for such child exploitation lies with pedophiles, people who are predisposed to sexually use children. Typically the victims are runaways who need money or are children who live with abusing or indifferent parents. Prior to 1977, there were few laws, either Federal or State, that addressed the sexual exploitation of children. Today, virtually all States and the Federal Government have laws that deal specifically with the problem. In 1978, Congress enacted the Protection of Children Against Sexual Exploitation Act. This act extends the Federal Government's authority to prosecute both the producers and distributors of child pornography and prohibits the transportation of children across State lines for the purpose of sexual exploitation. State legislative approaches to the problem vary, but they generally address both the production and distribution of child pornographic materials. One common approach has been to amend the existing obscenity statutes by including penalties for both the use of children in the production of obscene materials and for its distribution or sale. Notwithstanding the obscenity controversy, child sexual exploitation laws appear to be working. Child pornography, which only a few years ago was readily available in most adult bookstores, is increasingly difficult to obtain. All States should have separate provisions with higher penalties for persons promoting child prostitution. Most importantly, the legislatures as well as the police and child protection agencies should focus on the services required for the victims of these forms of abuse. A table is provided to show the components of relevant laws for each State, and 99 footnotes are provided along with 40 bibliographic listings.