COMMENT - PREYING ON PLAYGROUNDS - THE SEXPLOITATION OF CHILDREN IN PORNOGRAPHY AND PROSTITUTION

• NCJ Number: 52508
• Journal: Pepperdine Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 809-846
• Author(s): C D BAKER
• Date Published: 1978
• Length: 38 pages
• Corporate Author: Pepperdine University
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

CHILD PORNOGRAPHY IS A RAPIDLY GROWING INDUSTRY GROSSING A HALF BILLION DOLLARS ANNUALLY. THE INDUSTRY AND ITS VICTIMS ARE DESCRIBED AND PROPOSED LEGISLATION AND JUDICIAL DECISIONS AFFECTING THE INDUSTRY ARE DISCUSSED.

Abstract

IT IS ESTIMATED THAT 30,000 JUVENILES, OF WHICH 3,000 ARE UNDER THE AGE OF 14, ARE INVOLVED IN CHILD PORNOGRAPHY IN LOS ANGELES, CALIF., THE MAJOR CENTER OF THE CHILD PORNOGRAPHY INDUSTRY IN THE U.S. SEVERAL AUTHORITIES HAVE FOUND A CLOSE RELATIONSHIP BETWEEN CHILD PORNOGRAPHY AND THE PRACTICE OF CHILD PROSTITUTION. THE SEXUALLY EXPLOITED CHILD IS OFTEN A RUNAWAY OR THE CHILD IN A BROKEN HOME, BETWEEN THE AGES OF 8 AND 17, AND AN UNDERACHIEVER IN SCHOOL OR AT HOME. THE CHILD HAS NO STRONG MORAL OR RELIGIOUS AFFILIATION, SUFFERS FROM POOR SOCIAL DEVELOPMENT, AND HAS PARENTS THAT ARE ABSENT EITHER PHYSICALLY OR PSYCHOLOGICALLY. PRESENT LEGISLATION PROHIBITING THE DISTRIBUTION OF OBSCENE MATERIALS IS INADEQUATE TO COMBAT CHILD PORNOGRAPHY. CHILD WELFARE PROVISIONS IN STATE EDUCATION LAWS OFTEN REGULATE THE EMPLOYMENT OF CHILDREN IN SEXUAL ACTIVITIES, BUT THEY ARE EITHER NONAPPLICABLE WHEN THE CHILD IS WORKING FOR A PARENT OR THE PENALTIES ARE SO LIMITED THAT THEY POSE NO DETERRENT. STATE STATUTES COVERING SEX CRIMES ARE INSUFFICIENT TO PROSECUTE CHILD PORNOGRAPHY CASES, AND THE ABUSED CHILDREN ARE DIFFICULT TO IDENTIFY. PROPOSED LEGISLATION DIRECTED AT CHILD EXPLOITATION AND DISTRIBUTION OF CHILD-PORNOGRAPHIC MATERIALS IS REVIEWED, AS WELL AS JUDICIAL DECISIONS IN THIS AREA. MOST OF THE LEGISLATION IS FLAWED BECAUSE IT CONFLICTS WITH THE FIRST AMENDMENT AND BECAUSE THE AREA OF PARENTAL CRIMINAL RESPONSIBILITY IN CHILD PORNOGRAPHY IS UNCLEAR. PRODUCTION OF CHILD PORNOGRAPHY MUST BE CONTROLLED THROUGH STRONG CHILD ABUSE LAWS AND THE MARKET MUST BE DISCOURAGED THROUGH EFFECTIVE LEGISLATION THAT OFFERS HARSH PENALTIES FOR MATERIALS DEPICTING CHILDREN IN ANY SEXUALLY EXPLICIT MANNER. (DAG)