NCJ Number
83807
Date Published
1982
Length
10 pages
Annotation
The Department of Justice is involved in prosecution of child pornography cases through enforcement of 18 U.S.C. 2251 and 2252, 18 U.S.C. 1461 and 1462, and 18 U.S.C. 2423.
Abstract
The department recognizes the potential for child abuse that is implicated in the violation of the controlling statutes. Sections 18 U.S.C. 2251 and 2252 deal with the production and distribution of material depicting minors engaging in sexually explicit conduct; 18 U.S.C. 1461 and 1462 prohibit the mailing and interstate transportation of obscene materials; and 18 U.S.C. 2423 is the portion of the White Slave Traffic Act which deals with minors. Since May 1977, 47 persons have been indicted under all available obscenity statutes for distribution of obscene materials depicting minors. Forty-three defendants have been convicted as a result of these prosecutions. The department continues to work closely with the Postal Service and the FBI, both of which share investigative jurisdiction for violations of these statutes. Section 18 U.S.C. 2252 is limited in usefulness because it requires that distribution of obscene material be for a commercial purpose. Similarly, the provisions of 18 U.S.C. 2251 and 2252 apply only to offenses involving children who are clearly under the age of 16. Revision of these provisions would facilitate prosecution of child pornography cases.