Possession Of Child Pornography Research Articles

Możliwość orzeczenia zakazu zajmowania stanowiska (stanowisk), wykonywania zawodu (zawodów) lub prowadzenia działalności związanej z wychowaniem, leczeniem, edukacją małoletnich lub opieką nad nimi za przechowywanie lub posiadanie treści pornograficznych z udziałem małoletniego – analiza empiryczna i formalno-dogmatyczna

The objective of this study is to answer the question whether adjudicating a ban on holding a position (or positions), practicing a profession (or professions) or conducting activities related to the upbringing, treatment, education or care of minors for storing or possessing pornographic content with the participation of a minor child is legally justified de lege lata. The authors present their standpoint on the basis of a detailed analysis of the elements of penal measures under Articles 39(2) and 39(2a) of the Polish Criminal Code and the conditions for adjudicating these measures provided for in Articles 41(§1) and 41(§1a) of the Criminal Code. For this purpose, a review of Canadian, American, Swiss, German and Czech studies on the correlation between crimes involving child pornography and physical sexual abuse of minors has been conducted. At a later stage, a formal-dogmatic exegesis of rights protected by the types of prohibited acts criminalizing the possession or storage of child pornography, the concept of ‘damage to a minor’ and the collision arising from the application of Article 41(§1) and Article 41(§1a, sentence 2) of the Criminal Code has been undertaken. The conclusion that emerges from both the hitherto achievements of empirical research and the appropriately made formal-dogmatic analysis indicates that at present there are no legal grounds to adjudicate the said criminal ban in the case of possessed or stored, and not self-created, child pornography. Nonetheless, a possible social unrest arising from the fact of a professional contact with children by persons having or storing such materials may be accommodated by a simple amendment to the Article 41(§1a, sentence 2) of the Criminal Code, as proposed by the authors.

The regulation of child pornography in China and the United States: A comparative review of laws

AbstractGrounded in comparative law research, this paper compares differences in the regulation of online child pornography in China and the United States. The United States began regulating child pornography through criminal law in the 1970s, gradually refining the laws to distinguish between child pornography and obscenity and prohibit the possession of child pornography and virtual child pornography. In contrast, China treats child pornography on an equal footing with adult pornography, but imposes more lenient penalties on disseminating child pornography, which has led to the proliferation of child pornography. By comparing the two countries' policies and laws on child pornography, this review makes four recommendations for other countries: (i) define child pornography in criminal law; (ii) distinguish between obscenity and child pornography; (iii) prohibit virtual child pornography on the internet; and (iv) increase criminal penalties for child pornography.

Child Pornography Is Showing Participation a Person Under the Age of 18 in Sexual Intercourse

Child pornography means any video or image showing a person under the age of 18 engaging in sexual intercourse, showing the genital or anal area of a person under the age of 18 for sexual reasons, or any document supporting sexual intercourse with minors. Child pornography is among the most widespread forms of crime on the Internet. Child pornography is spread by pedophiles to create a personal collection, exchange material with other pedophiles, or create new material and child prostitution. Child pornography is illegal in most world jurisdictions. Convictions for possession of child pornography also usually include prison sentences, but these sentences often translate into suspended sentences for perpetrators.

Getting to Proportionality: The Trouble with Sentencing for Possession of Child Pornography in Ontario

In this article we examine sentencing in 14 Ontario cases of possession of child pornography between 2007 and 2017 with the purpose of understanding the sentencing process in relation to the fundamental principle of proportionality and other principles employed to arrive at a fair, individualizing process as set out in Canadian sentencing law. In all cases the offenders are charged with possession only and have no prior offences. We situate these cases within the context of sentencing reform in general and child pornography law specifically, including the evolution of mandatory minimums, as they have evolved in both legislation and case law. Our cases cover two periods of mandatory minimums, 45 days and six months. Although we consider numerical sentences, probation and ancillary conditions awarded when examining our cases, we are interested in the process of determining the sentencing components. We analyse this process in two ways: by observing the judicial reasoning in calculating the seriousness of the crime and the blameworthiness of the offender and the balancing of other purposes and principles, particularly rehabilitation and parity; and, by considering three pairings of cases, each with similar quantity and quality of images, to compare the calculation of risk and its effect on determining the blameworthiness of the particular offender. Our findings reveal a polarization in judicial reasoning between a punitive process in which overemphasis of denunciation and deterrence and extreme versions of the reasoned apprehension of harm add weight to the seriousness of the crime on a par with contact abuse, and a more tempered and restrained one in which possession is considered on its own and other purposes and principles are weighed, such as rehabilitation and parity, to arrive at a more individualizing process. Mandatory minimums are no constraint as sentencing is much lengthier, especially under the 45-day mandatory minimum. In pairing like cases in terms of collections of images and videos we find a very subjective process in the calculating of risk in which like offenders are treated differently in terms of assessments of blameworthiness, based on questionable forensic methods and assumptions. Finally, we note the resources involved in investigative time, incarceration and the supervising of probation as well as lengthy ancillary conditions that may last decades after sentencing.

Cyber Safety of Children in the Association of Southeast Asian Nations (ASEAN) Region: a Critical Review of Legal Frameworks and Policy Implications.

The present study aimed to critically review the legal frameworks on cyber safety of children living in the member countries of the Association of Southeast Asian Nations (ASEAN) and related policy implications. Data for the present research were collected from secondary sources. The results revealed numerous inconsistencies among the ASEAN countries in legislation pertaining to the online safety of children. The present study argues that these inconsistencies could be used by criminals to easily exploit children. The study identified loopholes in legislation on age of consent, possession of child pornography, cyber bullying and sexual grooming of children. Indonesia, Laos, Malaysia, Myanmar, Singapore and Vietnam have no clear definition of the term child pornography, which means it may be possible for criminals to evade conviction for production, possession and distribution of child pornography. Legislation in Cambodia, Laos, Malaysia, Myanmar and Vietnam does not prohibit an individual from possessing child pornography. Only three ASEAN nations have a legal framework regarding child grooming for sexual purposes, while only two have policies regarding cyberbullying, and just three ASEAN nations have a formal global alliance with international law enforcement initiatives. Based on these findings, the study argues that the legal inconsistencies among ASEAN nations might result in cross-border sexual abuse and exploitation of children. Accordingly, it is suggested that countries in the ASEAN region need to urgently identify these legal inconsistencies and collaborate to improve the safety of their children in cyberspace.

Social Media and Sexting Intervention: A New Juvenile Diversion Program

Between consenting adults, the private electronic sharing of nude photos is generally not illegal. However, when adolescents mimic this adult behavior they are in possession of child pornography and/or engaging in the pandering of child pornography, both of which are crimes in the United States. To address this fairly new adolescent social “sexting” problem, the Social Media & Sexting Intervention Program was created. This is a curriculum based juvenile diversion program recently established in two counties in Wisconsin. The purpose of the current study was to provide a preliminary evaluation assessing the impact of the program. During the first year of the program, 66 adolescents were referred to the program by school resource officers and courts in the two counties. Of those 66 referrals, 61 adolescents were able to participate in the program. A pre/post-test design was used to assess knowledge gained and attitude changes. Overall, the results of the assessment indicate that the program is educationally promising. Perhaps just as importantly, the program protects adolescents from an overly punitive justice system.

Online child pornography offender risk assessment using digital forensic artifacts: The need for a hybrid model.

The prevalence of online child pornography is a major societal issue. The criminal justice system has struggled with assessing the risk of individuals involved in online sexual offenses against children, especially when it involves the possession of child pornography. Research suggests there are different categories of offenders involved in this type of behavior (e.g., Online Child Pornography Offenders, Dual Offenders, Contact Offenders), with each category having different motivations, contributing factors, and levels of risk to re-offend or escalate their criminal behavior to more serious offenses (i.e., collecting pictures to contact offending). Determining the risk that individuals involved in online sexual offenses against children pose to re-offend or escalate their criminal behavior has been problematic. Traditional sexual offender risk measures have lower predictive validity when dealing with online child pornography offenders. This article discusses the need for a formalized hybrid risk assessment model that combines the current online sex offenses against children risk measures with digital forensics artifact analysis. The evidence derived from digital forensics artifact analysis can supplement the predictive risk factors obtained from these risk assessment tools, thus increasing the reliability and validity of the risk assessment.

Delitos informáticos en el Código penal argentino

La evolución de la tecnología de la información y la comunicación (TIC) ha propiciado el nacimiento de un contexto criminógeno y, con ello, la incorporación de nuevos tipos penales. Este trabajo se propone analizar los tipos penales regulados en el Código penal argentino que se cometen mediante el uso de TIC. Estos tipos penales son producción, distribución y tenencia de pornografía infantil; ciberacoso sexual de menores; violación de correspondencia digital; acceso ilegítimo a datos o a sistema informático; publicación ilegal o abusiva de comunicación electrónica; revelación de secretos oficiales; acceso ilegítimo, difusión o alteración de datos personales; estafa o fraude informático; daño en datos y sistemas informáticos; interrupción o entorpecimiento de comunicaciones electrónicas; y alteración de medios probatorios

The dark figure of sexual offending: A replication and extension.

Studies of the dark figure of sexual offending using federal correctional clients reported significant evidence of previously unknown or hidden sexual violence, often among clients with no official criminal history. Unfortunately, research has produced variable estimates of how large the dark figure is. The current study sought to replicate recent studies of federal sexual offenders about the dark figure of sexual offending. We also extended the knowledge base by providing additional correlational analyses to see whether self-reported and official sexual offending have shared or divergent correlates. Overall, 73.8% of federal sexual offenders reported prior contact victims, which is higher than, but generally consistent with, prior prevalence estimates of 55-69% in studies of federal correctional clients. In the current data, clients convicted of child pornography possession or receipt and who had no official record of sexual abuse nevertheless reported contact sexual offenses in more than 59% of cases.

Characteristics of Older Adult First-Time Sex Offenders: Insights From the Missouri Registry

To explore the characteristics of older adult first-time sex offenders (who offended for the first time at the age of 65 years or above). The authors retrieved and analyzed data from the publicly available Missouri sex offender registry database up to December 2018 and the Missouri public case management system website. Registered older (≥65 years) sex offenders in the state of Missouri, United States. Sociodemographic characteristics of the offender, offense type(s), offense, and conviction dates; age and sex of the victim(s); and case disposition information (whether the trial was waived or not and what were the sentences imposed). One hundred and ninety-four older adult sex offenders all males were identified, of which 172 were first-time offenders. The majority were white; the median age of offense was 68.6 years old. One hundred and thirty-nine (80.8%) first-time offenders were convicted strictly of non-pornography offenses, with prepubescent girls the predominant victim pool. The most prevalent charge in this subgroup was Child Molestation, First Degree (36.5%). Twenty-eight (16.3%) offenders were convicted strictly of pornography offenses, the most prevalent one being Possession of Child Pornography (96.6%). The recidivism rate among first-time offenders was close to 1%. A substantial proportion of older registered sex offenders are first-time sex offenders and most of them have underage victims. Although the offense and recidivism rates seem to be low, future longitudinal studies should focus on the predictors of sexual offending in the older population, in order to design targeted preventive measures, risk assessment, and treatment options.

From Playboy to Prison: When Pornography Use Becomes a Crime

ABSTRACT This study explores pornography use across the lifespan for a sample of registrants convicted of child pornography related offenses. We conducted qualitative life history interviews with nine offenders to examine how offender, victim, and situational factors interact to produce pornography-related criminal events. Using a hybrid analytic approach, themes related to persistence in pornography use and the social acceptability of pornography are identified. These themes relate to transitions from legal pornography use to illegal child pornography possession.

The contributory role of autism symptomology in child pornography offending: why there is an urgent need for empirical research in this area

Purpose As recently highlighted by Creaby-Attwood and Allely (2017) it is crucial that the possible innate vulnerabilities that contributed to sexual offending behaviour in an individual with an autism spectrum disorder (ASD) are taken into consideration for the application of a diversion program to avoid the stigma of a criminal conviction or during sentencing for a non-custodial outcome. Specifically, in those defendants with a diagnosis of what used to be referred to as Asperger's Syndrome (AS) and now is recognised as an ASD and who are charged and convicted of a non-contact sexual offence, education and mental health intervention will best serve the interests of justice. Design/methodology/approach This paper focuses on one particular type of sexual offending behaviour, namely, possession of child pornography. A systematic PRISMA review was conducted. Findings The authors linked examples of child pornography in the research literature to the ASD symptomology and describe how the symptomology explains such behaviour as not reflecting actual sexual deviance. Originality/value Downloading and viewing of child pornography by individuals with ASD has received relatively little research outside the mental health field. This review is of particular importance to those in the criminal justice system who may not have much knowledge and understanding of ASD. It is suggested that diversion programmes and mental health courts should be set up for this particular population charged with this particular crime in mind so that the necessary treatment/intervention/support and care can be given to this particular group. Keywords: Autism Spectrum Disorder; Asperger’s syndrome; child pornography; child exploitative material; pretrial diversion

Sexual Interests of Child Sexual Exploitation Material (CSEM) Consumers: Four Patterns of Severity Over Time.

This study analyzed the evolution over time of the activity of consumers of child sexual exploitation material (CSEM). To this end, images and metadata were extracted from the hard drives of 40 individuals convicted of possession of child pornography and analyzed. A sample of these images ( N = 61,244) was categorized by the age of the subjects depicted and-using the Combating Paedophile Information Networks in Europe (COPINE) scale-by severity of the acts depicted. Collecting activity was observed to follow four patterns. The most prevalent pattern was a progressive decrease in the age of the person depicted and a progressive increase in the severity of the sexual acts. In light of the results, we propose four explanations of the nature of, and variations in, child-pornography collections.

대학생들의 아동음란물 경험에 대한 질적 연구

이 연구는 대학생들의 아동음란물 경험에 대하여 심층적 인터뷰를 통하여 연구 참여자인대학생의 아동음란물에 대한 개별적이고 구체적인 경험을 이해하고 이들의 음란물 경험 여부, 아동음란물 경험에 따른 변화, 아동음란물 경험 후 현상, 아동음란물 소지에 대한 인식을확인하고 문제점을 확인하기 위한 것이다. 이를 위해 민법상 성인인 대학교 3, 4학년 학생 중에서 아동음란물 접촉 경험이 있다고 보고한 대학생 20명(남학생 16명, 여학생 4명)을 심층면담하였고, 수집된 자료는 질적 연구 도구인 Nvivo 프로그램을 이용하여 분석하였다. 분석결과 이 연구에 참여한 대학생은 컴퓨터나 스마트폰을 통해 아동음란물을 경험하고, 아동음란물 경험에 따른 심리적 변화와 행동적 변화를 경험하였다. 아동음란물 경험 후 단속강화의필요성과 아동음란물에 대한 실질적인 교육의 필요성을 인식하게 되었다. 아동음란물에 대해서는 위법하다는 인식을 가지고 있었으며 규정의 객관성이 약하고 재량의 범위가 넓다고 인식하였다. 아동음란물 소지와 실제 범죄 발생과의 상관관계는 다소 있다고 인식하였고, 아동음란물 자체가 범죄라는 인식도 있었다. 현행 「아동･청소년의 성보호에 관한 법률」상의 아동음란물소지죄 처벌의 위하효과는 다소 있다고 생각했으나 그 효과는 절대적인 것은 아니라고 응답하였다.

A Review on the Punishment of Child Pornography Possession Crime in Korea - Focusing on the comparison with Japanese law -

A Review on the Punishment of Child Pornography Possession Crime in Korea - Focusing on the comparison with Japanese law -

The characteristics of federal offenders sentenced for sexual exploitation of children within a large urban metropolitan region

ABSTRACTThis study reviewed federal court transcripts of 24 offenders sentenced for violating Title 18, United States Code (USC) § 2251 and § 2252, which included offense charges involving the sexual exploitation of children, and receipt, reproduction, production, transportation, and distribution of visual depictions of minors engaged in sexually explicit conducts; possession of child pornography; and other related federal offenses under these statutes. The offender characteristics suggest diversity within age, education, and occupations. Similar to existing research, offenders were generally white males whose offending involved some aspect of digital recording and storage. Victim ages ranged from infancy to late adolescence.

An approach to quantifying the plausibility of the inadvertent download defence

ABSTRACTA table of 95% confidence limits on the probabilities for randomly downloading relatively small numbers of illegal images or sensitive documents amongst a relatively large number of other images or documents has been computed. It is anticipated that these data will assist prosecution officials in arriving at a decision as to whether or not there is a reasonable likelihood of a successful criminal prosecution when the inadvertent download defence is employed in cases of possession of child pornography, terrorist material or espionage-related documents. The same data can also be used by defence counsels to assess the strength of the prosecution's case.

Investigative aspects of crossover offending from a sample of FBI online child sexual exploitation cases

Abstract The prevalence and availability of child pornography on the Internet has increased the number of cases investigated by law enforcement and public concern regarding the extent to which individuals who collect child pornography also commit contact sexual offenses against children. The Federal Bureau of Investigation (FBI) Behavioral Analysis Unit (BAU) III – Crimes Against Children conducted an archival review of 251 online Sexual Exploitation of Children (SEOC) cases to assess the range of offending behavior and the relationship between child pornography possession and other sexual offenses against children. Analysis revealed 38% of the cases ( n = 95/251) involved crossover offending, in which offenders who possessed child pornography also attempted or committed other SEOC crimes. Although 62% of the investigations uncovered possession-only offenses, the frequency of crossover offending observed in this sample indicates that the act of viewing child pornography does not always exist in isolation, and that a child sex offender's sexual interest in children may be part of a larger pattern of offending behavior. Awareness and understanding of potential crossover offending behavior offers additional investigative, prosecutive, supervisory, and assessment/treatment considerations when working with this population of offenders.

The dark figure of sexual offending: new evidence from federal sex offenders

Purpose– The purpose of this paper is to examine the dark figure of crime among federal sex offenders from the USA to quantify crime victims and sex crime events among those with no official criminal record.Design/methodology/approach– Using data on 119 offenders selected from a five-year census of sex offenders selected from a federal probation jurisdiction in the Midwestern United States, descriptive, partial correlations, and ROC-AUC models were conducted.Findings– In total, 69 percent of offenders self-reported a contact sexual offense during polygraph examination. In total, 34 offenders had zero official record of sexual abuse but non-zero self-reported history of sexual abuse. These 34 clients offended against 148 victims that potentially denoted a minimum number of 148 sex crime events, a median number of 1,480 sex crime events, a mean number of 32,101 sex crime events, and a maximum number of 827,552 sex crime events. Total paraphilias were not predictive of self-reported sexual offending but were strongly associated with prolific self-reported sexual offending.Originality/value– The dark figure of sexual offending is enormous and the revelation of this information is facilitated by polygraph examination of federal sex offenders. Ostensibly non-contact sex offenders such as those convicted of possession of child pornography are very likely to have a history of contact sexual offending. Consistent with the containment model, polygraph examinations of the sexual history of offenders convicted of sexual offenses should be required to facilitate public safety.

Australia's Child Abuse Material Legislation: Protecting Imaginary Children?

The production, circulation and possession of child pornography is a serious criminal activity that involves harm to the most vulnerable in society – children. Australian legislatures have rightfully attempted to prevent this harm by prohibiting child pornography through a range of child abuse material legislation. However, the definition of child pornography under the current legislation is broad enough to capture purely fictional representations of children and, thus, protects even imaginary characters who ‘appear to be’ a child. In doing so, the legislation targets not only the small minority of adults with paedophilic interests, but also persons who may inadvertently stumble on, or intentionally create such material, not knowing that it is illegal. Of concern is that the legislation potentially criminalises the very people it was designed to protect – young people – many of whom create and circulate sexually explicit fantasy material among peer groups on the internet. This article is one of a series of forthcoming research outputs that seeks to investigate the prohibition of purely fictional material under Australia’s child abuse material legislation, highlighting its problems and questioning whether the legislation meets its objectives of protecting real children from harm.