Sexual Exploitation Final
Defining Exploitation: Exploitation through Physical Conduct Sexual Abuse of a Minor (1) ___________ and ________________ are expansive words that do not limit "sexual abuse of a minor" to instances where the perpetrator is present in front of the minor, where the minor is aware of the abuse, or where the perpetrator makes contact with the minor. (2) Definitions are focused on the abuser's ____________ to gain sexual gratification rather than any apparent harm to the minor
(1) "Misuse" and "maltreatment" (2) purpose/intent
Grooming A variety of techniques used by a sex offender to access and control potential and actual child victims. Requires: (1) ? (2) ? (3) ? -Does not include the infliction of nonviolent _________, ___________, or ___________
(1) Access (2) Time (3) Interpersonal skill - stress, pressure, or pain
The Traveling Exploiter- Interstate travel United States v. McGuire (1) Intent to engage in prohibited sexual activity does not have to be the dominant reason for travel if the circumstances under which you would engage in prohibited sexual activity are ____________________. (a) sexual activity need not be "sole" purpose; but has to be ___________ (b) if a trip has dual purposes, one legal but intended to bolster an illicit sexual purpose, the sexual purpose is ______________ (c) look to whether the travel would have occurred _____________ the sexual purpose
(1) optimized by travel. (a) "a" purpose (b) "the" purpose" (c) "but for"
Grooming Different methodologies: (1) Those with preferences for younger children often seduce and groom the ______________ first to obtain their trust and therefore access to the intended victim. Rely on games and fun and play to manipulate children into sex. (2) Those with preferences for older children more likely to take advantage of time away from their family and focus on ___________ of sexual arousal, rebelliousness, inexperience, and curiosity. Can both befriend parents and work to alienate the child from the parents by telling the child the parents don't want him/her to have fun. *Any child can succumb to this and shouldn't be judged or mistrusted for feeling some loyalty to or cooperating with their offender.
(1) parents (2) ease
Sex Offender Registry- Registration of Juveniles In re C.P. (1) Found that statute automatically requiring sex offender registration for a minor was unconstitutional because it ...? (2) Court concluded that the social & economic effects of automatic, lifetime registration & notification, couples with increased chance of re-offense, do _______________ to the rehabilitative goals of the juvenile court process (3) Courts are generally divided on whether requiring a minor offender to register is ______________.
(1) violated the 8th amendment prohibition against cruel and unusual punishment. (2) violence (3) acceptable
Sexting- Minors (1) Sexting amongst minors has become an epidemic, and accordingly many states have adopted legislation that criminalizes sexting by minors. Since 2009, at least 20 states have enacted bills to address the problem of teen sexting. (2) Photographs that are merely "provocative" but do not depict ___________ or a __________ may not qualify. (3) Public policy considerations: (a) Do we want to criminalize sexual behavior amongst teenagers, and to what extent? What about the life-long sentence of the sex offender registry?
(2) nudity sexual act
Defining Child Pornography Child porn requires more than mere nudity: (3) Covers persons up to ________ years old (4) ____________ and ______________ not required (5) Categories (a) Indicative (b) Nudist (c) Erotica (d) Posing (e) Erotic posing (f) Explicit erotic posing (g) Explicit sexual activity (h) Assault (i) Gross assault (j) Sadistic/Bestiality (6) Reasons for use ??
(3) 18 (4) Nakedness physical contact (6) (a) Sexual arousal (b) Collecting (c) Facilitating social relationships (d) Avoiding real life (e) Other recreational purposes (i) Impulse (ii) Curiosity (iii) Short-term entertainment
Child Pornography- Ashcroft v. Free Speech Coalition (2) 18 USC 2256(8) prohibits any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture that is or appears to be of a minor engaging in sexually explicit conduct." (3) 18 USC 2256(8)(c) prohibits __________________, where rather than creating original images, pornographers can alter innocent pictures of real children so the children appear to be engaged in sexual activities. (4) 18 USC 2256(8)(D) defines child pornography as any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that ________________ it depicts a minor engaging in sexually explicit conduct. (5) Reasoning?
(3) computer morphing (4) conveys the impression (5) These images, though they don't harm actual children in the production process, still harm children by creating a market for child pornography, normalizing child pornography, and encouraging child pornography that may lead to contact with an actual child.
Exploitation through Non-Physical Conduct: Enticement *There is a circuit split on the meaning of "sexual activity" and whether it requires _____________. (1) United States v. Taylor (7th Circuit) -Charged with 18 USC 2422(b): anyone who uses the mail or any facility or means of interstate or foreign commerce, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined and imprisoned. (ii) Not certain if "sexual activity" and "sexual act" are synonymous so have to apply rule of lenity (iii) Definition of sexual activity: under federal code, sexual activity requires ________________ or _______________ with the victim. (iv) 7th Circuit here ______________ physical contact & will do so until congress says otherwise & defines "sexual activity" more broadly (d) Only have to ______________ the act, not actually do it, so doesn't matter that "girl" was actually PO
* physical contact (ii) contact intended/attempted contact (iv) requires (d) attempt to do
Exploitation through Non-Physical Conduct: Enticement *There is a circuit split on the meaning of "sexual activity" and whether it requires _____________. (2) United States v. Fugit (4th Circuit) · Court says that the term is plain and pertains to activities that don't include physical touching · Court says the psychological evil that Congress meant to avert by the statute was the psychological sexualization of children, and this evil can surely obtain in situations where the contemplated conduct does not involve interpersonal physical contact · Sexual activity ______________ physical contact · Sexual activity is any conduct connected to the _______________ of libidinal gratification
* physical contact does not require active pursuit
Grooming -One common variable of grooming behavior is the use of _______ to either stimulate a child to sexual activity or to desensitize a child to accept other, more direct forms of sexual conduct. a) 18 USC § 2252(A)(a)(6) criminalizes the use of ___________ "for the purposes of inducing or persuading a minor to participate in any activity that is illegal..." -statute??
- porn a) child porn -18 USC § 2252(A)(a)(6)
Responses to Exploiters- Public Perceptions -There is a moral panic regarding these offenders, and society focuses more on the _________________________ than on the impact on victims and moving-forward solutions. -Sex offenders are generally viewed as __________________ a) When sex offenders are civilly committed, they are often never released and if they are released they are never ________________. b) Some regulations are extreme (1) Laws prohibiting sex offenders from using social networking sites, instant messaging services, and chat programs are unconstitutional because they are not narrowly tailored to ______________________. (2) Permanent bans of convicted sex offenders from city parks have been upheld
-criminal deviance and fear and confusion -untreatable a) accepted by society b) (1) serve a significant government interest
The Acquaintance Exploiter -About 50% of offenses committed against children younger than 6, 42% of offenses committed against children 6-11, and 24% of offenses committed against children 12-17 are committed by ________________ -Female and younger victims are often molested in their __________ whereas male and older victims are often molested _________________ in areas such as roadways, fields, woods, schools, or motels
-family members -own home outside their home
Child Sex Trafficking- United States v. Brooks (DIDN'T read this)- but did point out a distinction -Sex trafficking provision 18 USC 1591 includes a ____________ requirement that "the person has not attained the age of 19 years and will be caused to engage in a commercial sex act." -However, this does not require the state to prove that the defendant had actual knowledge but only that the defendant __________________ the victim's age. -Where the defendant has the opportunity to observe the victim and assess his or her age, 18 USC 1591 provides for strict liability with respect to knowledge of the victim's age. *Compare this to the travel provision in 18 USC 2423, which does not require an actual minor or knowledge of the victim's age, but only that the defendant ____________ the minor to engage in ________________. -Valid defense if the defendant __________________ that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.
-knowledge -recklessly disregarded *intended prostitution -reasonably believed
The Exploiter- Pedophiles -Pedophiles are usually either _______________ by these urges or they ___________ -Pedophiles usually report that their attraction to children begins around the time of their ___________________. But these urges can also develop later in life
-severely distressed act on them -puberty or adolescence
The Exploiter- Pedophiles -If the clinical diagnosis of pedophilia is based on a _______________, it usually is not solely the result of intoxication or caused by another state or condition that may affect judgment, such as mania. a) As many as ____________% of pedophiles also have a substance abuse or dependence diagnosis, but their attraction to children exists when they are ____________ as well.
-specific act a) 50-60% sober
Grooming- Morris v. State: grooming affects not only children, but parents and law enforcement, and courts and public perception. It muddles and confuses the systemic abuse and the motives behind it. Courts struggle with how to bring in evidence of grooming, experts on grooming, and then with how to apply that to the case. 1) Expert testimony does not have to be based on science at all. Rule 792 applies to technical or other specialized knowledge & permits even _____________________ expert testimony. 2) Court says: a) Grooming, as a phenomenon, exists. b) Law enforcement official with ______________ is qualified to discuss it c) may take judicial notice of ________________ but not reliability d) danger is in unscientific expertise posing as science
1) nonscientific 2) b) experience c) "legitimacy"
Commercial Exploitation of Children- Backpage.com LLC v. Hoffman Human Trafficking Prevention, Protection, and Treatment Act (New Jersey) -It is not a defense if the defendant 1. Did not know the ______________ depicted in the advertisement 2. ______________ the age of the person depicted, unless there is appropriate proof of age obtained and produced -It shall be a defense to a violation of this section that the defendant made a _______________, ____________ to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, ___________________________________________________________________________________________ of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minor's age or the apparent age of the minor as depicted. *The defendant shall maintain, and upon request, produce a record of the ________________________ of the person depicted in the advertisement.
1. age of the minor 2. Claims to know the age - reasonable, bona fide attempt production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper *identification used to verify the age
Commercial Exploitation of Children Backpage.com LLC v. Hoffman Human Trafficking Prevention, Protection, and Treatment Act (New Jersey) A person commits the offense of advertising commercial sexual abuse of a minor if 1. The person knowingly ___________, ____________, or ___________, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in this State and which include the depiction of a minor OR 2. The person knowingly ______________ advertising in this State for a commercial sex act which includes the depiction of a minor **For the purposes of this section a. Advertisement for a commercial sex act- any advertisement or offer in electronic or print media, including the Internet, which includes either an ______ or _________ _________ for a commercial sex act to occur in this State. b. Commercial sex act- any act of sexual contact or sexual penetration or any prohibited sexual act for which ____________ is given or received by any person c. ______________ - any photograph or material containing a photograph or reproduction of a photograph d. _____________- a print, negative, slide, digital image, motion picture, or videotape, and includes any tangible or intangible produced by photographing.
1. publishes, disseminates, or displays 2. purchases ** a. explicit or implicit offer b. something of value c. Depiction d. Photograph
Child Molester- Not a medical diagnosis and not necessarily synonyms with pedophile. (1) 40% of assaults against children younger than 12 were committed by juveniles--usually juveniles who are ____ years old. (2) 40% of child molesters who were later diagnosed as having pedophilia had molested a child by the time they were ___ years old.
14 15
Pedophile - The perpetrator must be at least _________ years old and ________ years older than the juvenile to meet criteria for pedophile
16 5
The Traveling Exploiter- Interstate travel (Mann Act (Protect Act in Child Sex Tourism)) Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than ten years or both. ???
18 USC 2421 (a) Transport required (b) Not specific to children
The Traveling Exploiter- Interstate travel (Mann Act (Protect Act in Child Sex Tourism)) Transportation with intent to engage in criminal sexual activity: a person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life. ???
18 USC 2423(a) (a) Transport required (b) Specific to children (c) Higher sentence
The Traveling Exploiter- Interstate travel (Mann Act (Protect Act in Child Sex Tourism)) Travel with the intent to engage in illicit sexual conduct--A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. ???
18 USC 2423(b) (a) Transport not required. Only the offender needs to travel with intent. (b) Not specific to minors
The Traveling Exploiter- Interstate travel (Mann Act (Protect Act in Child Sex Tourism)) Engaging in illicit sexual conduct in foreign places--Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. (a) Must actually travel and engage in sexual activity, but no need for intent when initially traveling. (b) Not specific to minors
18 USC 2423(c) (a) Must actually travel and engage in sexual activity, but no need for intent when initially traveling. (b) Not specific to minors
Exploitation through Non-Physical Conduct Exhibitionism/Indecent Exposure KY statute, offered as model
A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen years.
Production of Child Pornography 18 U.S.C. § 2251 (read over)
Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, / or who has a minor assist any other person to engage in, / or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, / with the intent that such minor engage in, any sexually explicit conduct / for the purpose of producing any visual depiction of such conduct / or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), / if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
attempting to secretly or surreptitiously videotape, film, photograph, or otherwise record person under or through the clothing being worn by him or her for the purpose of viewing the body of, or the undergarments worn by person or child ????
Attempted voyeurism
Defining Exploitation: Exploitation through Physical Conduct Sexual Abuse of a Minor · There does not need to be a specific physical contact by the abuser or a threshold level of resulting harm to the child for sexual abuse to have occurred. o Example: --> - The child does not have to be aware of the _____________ of the perpetrator or aware that the action ____________
Example: In an AR case (in notes on pg. 128) a defendant father was found guilty of sexual abuse of a minor where he forced his 7 year old autistic son, who suffered with cerebral palsy and was restricted to wheel chair, to watch pornography on television. - action is wrong
______________ are now able to identify common characteristics of both victims and perpetrators of child exploitation -Victims- ______________ behaviors, responsive ______________ mechanisms, and other behavioral cues -Perpetrators- _______________ responses to the exploited and their families, decision to continue or discontinue perpetrating the abuse, and other defensive behaviors.
Experts -disclosure defense -common
Influencing the minor or the family of the minor to be more acceptable to sexual behavior ?
Grooming
Production of Child Pornography Use of Materials that have Traveled in Interstate Commerce i) United States v. Foley: production is defined broadly and the types of storage had been used in international commerce. (1) ________________ of whether the items have traveled in interstate or international commerce is not required.
Knowledge
Protect Act in Child Sex Tourism?
Mann Act
Dating Exploitation a) Should legislatures draw exceptions or limitations when the sexual activity involves two minors who voluntarily engage in sexual activity rather than an adult who takes liberties with a minor?
Smith v. Jones (1) Where two minors are engaged in a sexual relationship, abuse exists where there is duress or threat or force--not because there is a sudden regret and claim of involuntariness.
Sexual Exploitation of a Minor purpose of the sexual exploit statute ?? · Sexual exploitation is usually described in specific statutes o Federal: §2251, 2252, 2256
The purpose of this statute is to distinguish between taking an innocent picture, say of an infant in the tub, and prohibited activity.
Responses to Exploiters- Public perceptions Flannery's Article a) Sex offenders appear to be human but don't act in ways that we recognize as human, so we find them repulsive. Compare to robots: when it looks like and behaves like a robot, it's not troubling. But the more that it looks like a human, the creepier we find it--until it surpasses human and becomes superhuman. Sex predators fall into that creepy category.
Uncanny Valley read over
Production of Child Pornography- Extraterritorial Production o (United States v. Kaporadelis) Issue: can a D be charged with producing, receiving, and possession of child pornography when all activities happened in another country? -18 USC 2251(a) and 2251(c) both apply to acts committed ______________________. These acts contribute to the production and dissemination of child pornography that is likely to become part of the ______________________.
YES -outside the United States stream of interstate commerce
Can paraphilia NOS (here it is hebephilia) satisfy the sexually dangerous person statute and have the person civilly committed? o The Court looks to ___________________________ and weighs all of it to make the determination o It is ultimately the ___________ decision Whether a paraphilia counts as a mental illness is _______________. (1) Problematic for consistent results
YES, can qualify as a mental illness if the judge decides o testimony of the experts o judge's subjective
Does the child pornography statute apply to minors?
YES- applies to all minors because we want to protect from all harm. A child would not be less traumatized if the pornography was created or transmitted by a child rather than an adult
Receipt v. Possession of Child Porn Hypo: What if I know that Destiney has sent me child pornography to my email, but I do not open it. Am I still guilty of receipt?
Yes, I knew what she sent me and I retain control of the file so I still received it and I now possess it.
SVP- Three categories of sex offenders a) Risk-Elevating Factors ??? b) Risk-Mitigating Factors ???
a) (1) Mental abnormality (2) Repetitive and compulsive behavior (3) Adult offender with a child victim (4) Age at first offense (5) Adjudicated sexually dangerous person or released from civil commitment (6) Maximum term of incarceration (7) Relationship between offender and victim (8) Weapon, violence, or infliction of bodily injury (9) Alcohol and substance abuse (10) Contact with criminal justice system (11) Violence unrelated to sexual assaults (12) Behavior while incarcerated or civilly committed (13) Non-compliance with community supervision (14) Recent threats (15) Hostility toward women (16) Public place (17) Male offender against male victim (18) Extra-vulnerable victim (19) Level of physical contact (20) Diverse sexual behavior (21) Diverse victim type (22) Number of victims (23) Victim access (24) Less than satisfactory participation in sex offender treatment (25) Prostitution of children (26) History of abusing children (27) Age of victim (b) (1) Supervision by probation or parole (2) Offense-Free time in the community (3) Advanced age (4) Physical condition (5) Sex offender treatment (6) Home situation and support systems (7) Materials submitted by the sex offender regarding stability in the community
Paraphilia Deviant sexual gratification that medical profession qualifies as mental illness; through a particular behavior, act, or object such as ?? *not mental disorders but ______________.
a) Children (Pedophilia) (1) Most common form of paraphilia b) Animals c) Undergarments d) Sadism e) Voyeurism f) Exhibitionism g) Frotteurism h) Residual category: NOS (not otherwise specified) *atypical behaviors
Characteristics of Pedophiles??
a) Feelings of inferiority, isolation, loneliness b) Low self esteem c) Internal dysphoria d) Emotional immaturity e) Passive aggressiveness f) Increased anger or hostility g) Difficulty dealing with painful affect, resulting in defense mechanisms like intellectualization, denial, cognitive distortion, and rationalization h) Difficulty with interpersonal relationships (though about 50% marry) i) Social alienation j) Emotionally unstable k) Lack remorse/understanding l) May have severe underlying personality disorders (1) Narcissism (2) Sociopathy (3) Antisocial personality disorder m) Compulsive aggressive (plan actions with the intention of relieving internal pressures or urges) n) Frequently victims of abuse themselves--victim-to-abuser cycle o) Often have mothers who have received psychiatric treatment p) Likely to have repeated a grade or required special education courses
Sexually Violent Predator- o Actuarial tools- tests to determine whether perpetrator is likely to reoffend (tests are questionable—no more reliable than the flip of a coin). Relevant factors that determine if the predator is likely to reoffend?
a) Offender's age b) Offender's prior criminal record regarding all offenses, including but not limited to sexual offenses c) The age of the victim d) Whether there are multiple victims e) Whether the offender used drugs or alcohol to impair the victim or to prevent resistance f) Whether the offender previously has been convicted of or pleaded guilty to any criminal offenses, whether the offender completed any sentence imposed for the prior offense, and if the prior offense as a sex offense or sexually oriented offence, whether the offender participated in available programs for sexual offenders g) Any mental illness or mental disability of the offender h) The nature of the offender's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense and whether the sexual conduct, sexual contact, or interaction was part of a demonstrated pattern of abuse. i) Whether the offender, during the commission of the sexually oriented offense displayed cruelty or made one or more threats of cruelty j) Any additional behavioral characteristics that contribute to the offender's conduct.
Female exploiters: Victims are more often a) ____________ b) _____________ c) ____________ to the offender d) Abused in the ____________
a) male b) pubescent c) related d) home
Female exploiters: Different from male offenders a) Rarely target _____________ b) Rarely ___________ offenders c) Rarely exhibit an ________________ for children d) _______________ factors less applicable to females
a) strangers b) serial c) exclusive preference d) recidivism
a. 18 USC 2252A(a)(2): prohibits the __________ or _____________ of child pornography that has been mailed or shipped or transported in interstate or foreign commerce by any means, including by computer. b. 18 USC 2252A(a)(5)(B): prohibits the ________________ of any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed or shipped or transported in interstate or foreign commerce by any means, including by computer.
a. knowing receipt distribution b. knowing possession
Defining Child Pornography Sexually explicit conduct means ________ or ______________ a. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex b. Bestiality c. Masturbation d. Sadistic or masochistic abuse e. Lascivious exhibition of the genitals or pubic area of any person i. Includes pictures focused on a child's _________________, even where the subject is alone and clothed
actual or simulated e. i. pubic region
Producing Child Pornography- Interstate Commerce Requirement Intent: (1) 18 USC 2251(a): any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct shall be punished as provided under this section if such visual depiction has __________________ using any means or facility of _________________. (a) Does not have to be a single-minded purpose or the ____________ purpose.
actually been transmitted interstate commerce dominant
Pedophiles usually have a particular ___________ and/or _______ of child they prefer.
age range sex
Child Pornography (Ashcroft v. Free Speech Coalition) · Child Pornography Prevention Act (CPPA)- Extends the federal prohibition against child pornography to sexually explicit images that appear to depict minors but were produced without using _________________. Can be done by (1) ? (2) ? · Respondents argue that it violates First Amendment Free Speech · Categories of unprotected speech: o Miller v. California: Bans obscenity o New York v. Ferber: bans use of real children (even if not obscene) · Statute made legal speech a crime—so overbroad and unconstitutional o Statute said "is or appears to be" which would make legal things like movies, art, medical diagrams, or adults that look like children criminal
any real children (1) Adults who look like minors (2) Computer-generated images
Sexual exploitation may be perpetrated by _____________, against _________, and in a variety of contexts
anyone any child
Voyeurism Federal statute addressing video voyeurism: 18 USC 1801 - governs anyone who has intent to ______________________ of an individual without their consent, and knowingly does so under circumstances in which the individual has a ____________________ (includes both public and private settings). a. Although some jurisdictions exempt public places, holding that this statute does not prohibit "upskirt" photography, etc.
capture an image of a private area reasonable expectation of privacy
Commercial Exploitation of Children The Commercial Market for Children 18 USC 2251A criminalizes buying or selling a child for purposes of ___________________. 18 USC 2422(a) criminalizes buying or selling a child for purposes of ________________. However, the internet has dramatically changed the human trafficking landscape in the United States, and over the last ten years, prostitution has slowly but persistently migrated to an _________________. Online classified services are vehicles for advertising the victims of the child sex trade to the world. Revenue from US online prostitution advertising totaled 45 million in 2013, most of which has been generated by Backpage.com, a general classifieds site that has succeed Craigslist as the nation's online prostitution advertising leader.
child pornography prostitution online marketplace
A person that a court or jury finds beyond a reasonable doubt is a SVP is then __________________ and can only be released conditionally or unconditionally if the Dept. authorizes a petition for release and the state does not oppose it or fails to prove beyond a reasonable doubt that the individual still meets the definition of SVP, or if the individual, petitioning the court on his own, is able to bear the burden of proving by a preponderance of the evidence that he is no longer an SVP
civilly committed
Pedophile is a ______ diagnosis.
clinical
Grooming The process gains the victim's initial cooperation and decreases the likelihood of _______________ and increases the likelihood of ongoing, repeated ______________.
disclosure access (1) Attention (2) Affection (3) Kindness (4) Privileges (5) Recognition (6) Gifts (7) Alcohol/Drugs (8) Money
Pedophile - Adolescent offenders' cases involve factors such as ___________ and _______________________ before pedophilia diagnosis is made
emotional and sexual maturity
Exploitation through Non-Physical Conduct Permitting Exploitation A person commits the crime of using a child in a display of sexually explicit conduct if the person ____________, ______________, ______________, _____________, or ______________ a child to participate or engage in sexually explicit conduct for any person to observe or record in a photograph, motion picture, videotape, or other visual recording. -Court employed broad application of statutory terms & ruled that "Permits" can mean something less than _____________, such as "tolerate" or "make possible." Permit does not require ______________, and especially not legal authorization, as suggested by the defendant. (i) No __________________ to the child required.
employs, authorizes, permits, compels, or induces express consent authorization legal relationship
Adair v. State of Texas: Demonstrates that _________ are able to predict or explain exploitation behavior patterns. -Many exploited children dismissed by first person they tell, makes them _______________ to report again in future
experts -less likely
Sexting- State v. Stuckey · Statute: Wisconsin Stat. § 948.10 o Whoever, for the purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes or pubic area to a child is guilty... · Court says that this statute is a variable obscenity statute · The statute criminalized certain activity directed toward children that could be considered legal when directed toward adults · Court held that since this is variable obscenity statute then it only applies when there is _________________
face-to-face contact
Sexting- Minors Miller v. Skumanick a) Boys at school had pics of girls in bikinis, towels, etc., sent them around to others at school- Prosecutor wanted to charge girls in photos c) Charged under state statute prohibiting the distribution of images depicting a prohibited sexual act, and defined "prohibited sexual act" to mean sexual intercourse, masturbation, sadism, masochism, bestiality, fellatio, exhibition of genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction. d) Parents successfully received TRO in this case e) Parents have a 14th Amendment substantive due process right to be free from state interference with ______________
family relations
-A pedophile is an individual who ______________ about, is ______________ by, or experiences ______________ toward prepubescent children under the age of 13 for a period of at least 6 months.
fantasizes sexually aroused sexual urges
The Exploited -Abused children experience the greatest psychological damage when the abuse occurs from __________________ or the abuse involves __________ or _________________.
father figures force or genital contact
Traveling Exploiter- Foreign travel a) United States v. Pendleton: Congress can regulate the channels of ______________ and therefore the United States can prosecute someone who has sex with a child in a foreign country. (1) Congress enacted statute to stop people from going to foreign countries to exploit children & escape prosecution (2) Congress can regulate noncommerical activity outside of the US if regulation bears a ________________________________
foreign commerce (2) "constitutionally tenable nexus with foreign commerce"
Responses to Exploiters- Treatment of Pedophilia -Focused on stopping ___________________ rather than altering the pedophile's sexual orientation toward children -Findings suggest that urges can be managed but _______________ does not change
further offenses against children -core attraction a) Careful forensic and therapeutic monitoring and reporting b) Testosterone-lowering medications c) Use of serotonin reuptake inhibitors d) Surgical castration e) Psychotherapy (1) Aversion conditioning (2) Masturbatory reconditioning
Interstate Commerce Requirement: Factors for determining the constitutionality of a statute based upon Commerce Clause authority i) Whether the prohibited activity is _____________ or _____________ in nature ii) Whether the statute's reach was limited by an ____________________ iii) Whether Congress _______________ about the effects of the prohibited conduct on interstate commerce iv) Whether there exists a _______ between the prohibited conduct and the effect on interstate commerce
i) commercial or economic ii) express jurisdictional element iii) made findings iv) link
Child Porn Statute: 18 U.S.C. 2256 a. Child porn 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 sexual explicit conduct, where— i. The _________________ of such visual depiction involves the use of a minor engaging in sexually explicit conduct; ii. Such visual depiction is a _____________ image, ____________ image, or _________________ image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or iii. Such visual depiction has been __________, _________, or ____________ to appear that an identifiable minor is engaging in sexually explicit conduct.
i. production ii. digital image, computer image, or computer-generated image iii. created, adapted, or modified
Sex Offender Registry- Registration of Juveniles a) Miller v. Alabama a. Court held that juveniles may not automatically be sentenced to life without possibility of parole under 8th amendment, but may be subject to ___________________ & ________________
individualized consideration & punishment
Sexual Abuse of a Minor In re A.B. (13 year old boy poked 14 year old girl in the booty) · The conduct was held to constitute sexual abuse, not because the abuser obtained sexual gratification from the conduct, but because he touched an ______________________ of his victim, without her consent, for the purpose of _________________________... which is a _______________.
intimate body part insulting or humiliating her. sexual battery
The Exploited -Pedophiles may target certain types of families when looking for children to abuse examples??
lower overall education, high rates of absenteeism, vulnerable children
Child Pornography (Ashcroft v. Free Speech Coalition) e) The constitutional balance continues to shift in favor of expansive restrictions within the child pornography industry. As One measure implemented is the record-keeping, labeling, and inspection requirements of the Child Protection and Obscenity Enforcement Act (18 USC 2257). These provisions require producers of sexually explicit media--in all genres--to ________________ regarding the location and content of all sexually material (primarily the _____________ of the participating models) and to submit to ____________________ at all reasonable times.
maintain records age inspections of their private business premises
Notice or Advertisement for Child Pornography 18 USC 2251(c) makes it a crime to "knowingly __________ . . .__________. . .or ________ . . .any notice or advertisement seeking or offering . . . any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct.
make print publish
Possession of Child Porn United States v. Haymond (pg. 343) o D is 18 years old. LEO found 62 child pornography files on his computer. He got them from a peer to peer network (P2P). No evidence of whether he knew he was deleting the images o Can have possession by fact that you have it in a stored P2P file and don't have to do anything with it or even view it yourself. You just have to ...?
make it viewable to others
Possession of Child Pornography State v. Ritchie o Court holds that person controls image when person discovers that image or recording on the internet and caused that recording or image to appear on a specific computer monitor and that person _____________ the images in some way after they are shown on the computer screen o Apparently for this court, enlarging the pictures is not enough to constitute ____________ o Once you have it, and do something with it, that's possession so all you can do is _______________. You exercised control over it by accessing it from somewhere else by bringing it to your computer screen.
manipulates manipulation exit out of it
Use of Materials that have Traveled in Interstate Commerce (United States v. Jeronimo-Bautista) ii) D and 2 other men took a 13 year old girl to a vacant residence and raped her and took photos of the encounter. They never left Utah. The camera was manufactured somewhere other than Utah. The lab people saw the photos while developing the film and called the police. iii) D charged under 18 U.S.C. § 2251 iv) Connected/related to interstate commerce b/c camera was _____________________ thru interstate commerce and was ___________________.
moved into Utah used to produce the photos
Minor Exploiters- Is it proper to use sexual offender statutes against minor offenders? B.B. v. State (privacy right) o 16 year old was charged with sexual battery for having sex with another 16 year old under Florida's unlawful carnal intercourse statute. o Statute in question made it unlawful to have intercourse with any unmarried person of previous chaste character under 18 (no age limit for the perpetrator) o Court held that the statute is unconstitutional as applied to minors sought to be prosecuted pursuant to the statute because it was not _________________ to accomplish the state's goal. § the statute was not being used to protect minors but to adjudicate minors o Minors have a ______________ when it comes to having sex.
narrowly tailored -privacy right
Exploitation through Non-Physical Conduct: Voyeurism Delagrange v. State of Indiana -Voyeurism charges were dismissed because relevant state statute only covered "peeping Tom" activities & not activities in public places that violated a private interest. a) To cover such intrusions in a public place, state legislatures must expressly address the ____________________________, rather than the forum in which the intrusion takes place. But child exploitation statute still applied b/c of intent to capture uncovered genitals
nature of the intrusion into the private interest
Grooming- United States v. Penton (1) First case regarding porn as grooming (2) Temporal proximity of porn & molestation—goes toward grooming i) If you show the child porn in January & then molest that child in May, the temporal proximity is ____________
not enough
Distribution of Child Pornography United States v. Caparotta (pg. 349) o D has child pornography on P2P file. He argues that he did not distribute because the images are just there and he did not have anything to do with who took the images. o Court says that you don't have to be active in the distribution of child pornography, you just have to ____________. Even if no one takes the pictures, he would still be guilty of distribution because he _________________. o Providing ___________ = distribution
o make it accessible made it available to take o access
Sexting- Adults (State v. Stuckey) When adults text sexually explicit material to a minor, courts must often rely on other criminal offenses involving ____________ and other forms of _____________________. *such as ...?
obscenity photographic exploitation *(i) Sexual exploitation (ii) Knowingly disseminating obscene material to a minor (iii) child pornography
The Exploiter- Pedophiles About 44% of pedophiles are between 40-70 years old. This indicates that pedophiles more frequently _____________________.
offend in their later years
The Exploiter -Child sexual exploitation is any form of sexual abuse or other child sexual offense including those that are performed not just for commercial gain, but for the __________________________.
offender's own sexual gratification
Production by a Parent, Guardian, or Custodian- Hoggard v. Arkansas 18 USC 2251(b): Any ________ or person having __________ or _______ of a minor who KNOWINGLY permits such minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct shall be punished as provided if that visual depiction was produced using materials that have been transported in interstate commerce. b. Intrastate possession of child pornography may substantially affect __________________. c. No need to prove that the parent knew the depiction would be ____________________.
parent custody control b. interstate commerce c. transported in interstate commerce
Exhibitionism/Indecent Exposure State statutes must be careful to not prohibit ________________. For instance, exposure of the buttocks but not the anus is not prohibited, showering in a public facility intended for that purpose is not prohibited, or using a urinal in a public men's bathroom is not prohibited.
permissible conduct
Child Pornography- United States v. Ward (important case) Dost Factors · Ward focused mainly on "picture intended or designed to elicit a sexual response in view' o He positioned her to be able to see her genital area and made the video for sexual gratification in the future when he or others watched it. Court said that the other child pornography in the trailer was evidence that it was made to illicit sexual response
read over
Distribution of Child Pornography United States v. Caparotta 18 USC 2252(a)(2) criminalizes any person who knowingly ____________ or ________________ any visual depiction using any means or facility of interstate or foreign commerce by any means including by computer if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct.
receives distributes a. Placing files in a shared folder accessible to others via a peer-to-peer program is distribution because that is an act of disbursement. It doesn't matter if he didn't know who was accessing them or if anyone was. He knew that they could.
Minors have a ____________ regarding their intimate acts.
right to privacy
Minors usually commit offenses in _________ or ___________
school or in home
Exploiters as Travelers- Interstate Travel United States v. McGuire -Court gives this hypothetical: a man who travels frequently abroad on business has 2 assistants. One is an older woman and the other is young and attractive. He only needs to take one on the trip and they are equally competent. He chooses to take the young assistant because he hopes to have sex with her. The purpose of his travel is business but the purpose of his travel with this assistant rather than the other one is sex. It would be different if he only had one assistant- the young one. He hopes to have sex with her on the trip, but he would have made the same trip regardless. In this event, _______ would not have been the purpose
sex
Exhibitionism/Indecent Exposure Exhibitionism is a non-contact offense, and so alone it may not qualify under state law standards as a ____________. However, when exhibitionism is determined, even though it is a non-contact offense, it may still satisfy the _________________ component of the requirements for _______________ as a sexually violent predator where there has been a history of other contact offenses associated with the act of exhibitionism.
sex offense mental illness civil commitment
Child Pornography- Use of Material that Traveled through Interstate Commerce United States v. Sturm: For the purposes of the visual depiction traveling in interstate commerce, it is not necessary that the specific digital image found on the defendant's computer travel in interstate commerce. It is only necessary that the _________________________ travel in interstate commerce.
substantive content of the image
Child Pornography: Use of Material that Traveled through Interstate Commerce United States v. Smith: Undeveloped film containing child pornography is a ____________________ such that the government may regulate it within interstate commerce a. Don't need the actual depiction when you ______________ b. The visual depiction _______________ so that was enough
sufficient visual depiction a. intend to produce it b. existed on the film
Sexual Exploitation of a Minor- State v. Chester (D put camera under his stepdaughter's bed to watch her change clothes/shower) o He was charged under section (b) under RCW 9.68A.040 o (b): aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance · All of the verbs in section (b) are active verbs so the D would have to ...? · Defendant would have to ..?
take affirmative steps to do the action · get the victim to engage in sexually explicit conduct (not just being photographed or videoed)
The minor exploiter- A.H. v. State There is no reasonable expectation of privacy between minors when they ______________________ of their intimate activities. o Court distinguished the right of sex from the right to record depiction of sexual acts § The privacy right does not extend to memorializing the sexual acts through photographs or videos o No expectation of privacy when it comes to recording sexual acts. o It doesn't matter whether the parties intended on the pictures to be released or shown to someone else o State has a compelling reason in protecting children from sexual exploitation (in this case of child pornography)
take pictures or videos
Exploitation through Non-Physical Conduct- Permitting Exploitation People v. Maness Statute: A parent or stepparent who knowingly allows or permits an act of criminal sexual abuse or criminal sexual assault . . . upon his or her child and fails to ________________________ to prevent its commission or future occurrences of such acts commits the offense of permitting the sexual abuse of a child. a) What are reasonable steps? Vague. Does this infringe on the parent's fundamental right to raise her child? (i) Many states expressly impose liability on parents who fail to prevent the sexual exploitation of their children. *Statute found unconstitutional. To satisfy vagueness doctrine, criminal statute must meet two requirements: (1) must be specific enough that a person of _________________ doesn't have to guess what is lawful/unlawful & (2) it must have _________________ to prevent arbitrary & discriminatory enforcement
take reasonable steps *ordinary intelligence explicit standards
Sextortion- Blacklund v. Stone a. Stone told Blacklund that if she did not message his friend that he would spam her "floppy titties" on the internet and Stone moved to strike Blacklund's complaint as a SLAPP suit i. Strategic lawsuit against public participation (SLAPP) is a lawsuit intended to censor, intimidate, and silence critics by burdening them with _________________________ until they abandon their criticism or opposition ii. Court denied motion
the cost of a legal defense
minor exploiter- Clark v. Roccanova (1) 18 U.S.C. 2252 (child pornography) applies to minors as well as adults. (a) No transporting, receiving, or distributing by computer, mail, or any other means, ___________________ involving the use of a minor engaging in sexually explicit conduct.
visual depictions
In order to determine if the offender is likely to engage in future sexually oriented offenses, the court must consider all relevant factors including??
§ The offender's age § The offender's prior criminal record § The age of the victim § Whether there were multiple victims § Whether the offender used drugs or alcohol to impair the victim § Any mental illness or mental disability of offender § The nature of the offender's sexual conduct § Whether the offender during the commission of the sexually oriented offense for which sentence is to be imposed, displayed cruelty or made one or more threats of cruelty or § Any additional behavioral characteristics that contribute to the offenders conduct
