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An Interstate Approach: Criminal Child Sexual Abuse & Exploitation Laws

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An Interstate Approach: Criminal Child Sexual Abuse & Exploitation Laws If you have issues viewing or accessing this file contact us at NCJRS.gov. An Interstate Approach: Criminal Child Sexual Abuse & Exploitation Laws in Eight Mid-Western States Kathi L. Grasso, Esq. Consultant, American Bar Association Center on Children and the Law Washington, D.C. Illino~ Department of Children and Family Services Interstate I-SEARCH Advisory Council 0 0 0 AN INTERSTATE APPROACH: CRIMINAL CHILD SEXUAL ABUSE & EXPLOITATION LAWS IN EIGHT MID-WESTERN STATES Kathi L. Grasso, Esq. Consultant, American Bar Association Center on Children and the Law Washington, D.C. 156264 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been gr~hois Department of Children ~d-F~Ifly Services to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner. 0 0 0 The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association. They should not be construed as representing the policy of the United States Government, the I-SEARCH Advisory Council, representatives of the Children's Justice Task Forces, or the state governments of Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, Ohio, and Wisconsin. For additional information regarding this report, contact Howard Davidson, Director, or Robert Horowitz, Associate Director, ABA Center on Children and the Law, 1800 M Street, NW, Washington, DC 20036. Telephone (202) 331-2250; FAX (202) 331- 2220. The ABA Center on Children and the Law, a program of the American Bar Association's Young Lawyers Division, was established in 1978. Its mission is to improve the quality of life for children through advancement in law, justice, and public policy. This project has been made possible by a Children's Justice Act Grant to Illinois from the United States Department of Health and Human Services, Administration for Children and Families, National Center on Child Abuse and Neglect. 1/7/94 ® 0 Q ii INTRODUCTION In 1985, the Governors of Illinois, Indiana, Iowa, Kentucky, Minnesota, Missouri, Ohio and Wisconsin created the I-SEARCH Advisory Council in accordance with the Interstate Agreement on Missing and Exploited Children. The Council is comprised of representatives of state law enforcement and criminal justice agencies from each of these states. Its purpose is to enhance interstate cooperation in addressing the problems of missing and exploited children. Council bylaws define an exploited child as "any child who may be victimized through any activities and/or actions which include, but are not limited to: child pornography, child prostitution, child sexual abuse, and drug and substance abuse." Over the past eight years, the Council has proven instrumental in overcoming obstacles to recovering and reuniting children with their families. The Council continues to serve as a training, resource, and advisory body to: the National Center For Missing and Exploited Children, the United States Justice Department's Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the University of California at San Francisco's Center for the Study of Trauma. In 1992, the Interstate I-SEARCH Advisory Council requested funding assistance from the Illinois Department of Children and Family Services under the Children's Justice Act Grant to support the networking of collective expertise of the Council, state Children's Justice Task Forces, and the American Bar Association's Center on Children and the Law. As a result, this guide has been developed to assist law enforcement and child welfare personnel in their efforts to investigate and prosecute child sexual exploitation and abuse. The guide delineates laws of Council member states related to child pornography, prostitution, and criminal sex offenses. The laws are examined by way of a question-and- answer format with accompanying statutory analysis and further highlighted in attached tables. Included in the appendix are statutory summaries of child abuse reporting laws and verbatim excerpts of relevant federal laws. Unless stated otherwise, laws cited are current through July 31, 1993. In addition, recommendations as to legislative reform are presented in a separate document which can be obtained from the I-SEARCH Advisory Council, the Illinois Children's Justice Task Force, and the American Bar Association's Center on Children and the Law. Q 0 0 111 ACKNOWLEDGMENTS Many thanks are extended to the following individuals for their invaluable contributions to this project: I-SEARCH Council Members, including Ron Ellis (Illinois), Sandra Ellis (Illinois Associate Member), Ned Bandy (Illinois), Linda S. Filmey (Minnesota), Wendie Nerem (Iowa), Mary Ann Hurrle (Indiana)(former member), Terry Linza (Indiana), Cathy Wilson (Kentucky), Kurt Mueller (Missouri), Don Perretz (Wisconsin), Nan Hanlde Cecil (Ohio), Sharon Murphy (Illinois; Naperville I-SEARCH Unit) Children's Justice Task Force Representatives, including Cheryl Peterson (Illinois), Tom Ward (Illinois), Ron Ellis (Illinois), Sandra Ellis (Illinois), Lori S. Holmes (Minnesota), Wayne McCracken (Iowa), Betsy Farley (Kentucky), Carol Latham (Wisconsin), Carrie Anthony (Ohio), Charleta Tavares (Ohio)(former member), Shannon Marsch (Missouri), I_nta Sellers (Minnesota) The staff of the American Bar Association's Center on Children and the Law, including Director Howard Davidson, Associate Director Robert Horowitz, Noy Davis, Josephine Bulkley, and Laura Atkins Gina Cirincion, National Association for the Prosecution of Child Abuse Marcia J. McKinley, National Clearinghouse on Child Abuse and Neglect Information Peter Banks and Judith Drazen Schretter, National Center For Missing and Exploited Children Mary Thiesen, Special Assistant, Minnesota's Office of the Attorney General Michelle Zavos, Coordinator AIDS/HIV Project, American Bar Association Gerald J. Dal Pan Christy Scott, Project Director, MetriTech, Inc. ® 0 Q iv TABLE OF CONTENTS CHILD PORNOGRAPHY OVERVIEW Child Pornography Statutes . 1 Age of Protection ..... 2 Commentary ..... 2 Prohibited Activities .... 3 Production/Creation of Child Pornography . 3 Employment/Solicitation of Child For Production 5 Dissemination/Promotion of Child Pornography 6 Possession of Child l~ornography . 9 Commentary. 10 Pornographic Medium . 12 Commentary. 15 Sexual Conduct Defined 15 Commentary. 18 Parental/Guardian Complicity . 21 Commentary. 22 Defenses/Evidentiary Considerations 23 Commentary. 25 Forfeiture .... 26 Commentary. 26 0 0 0 O ¥ Mandatory Reporting by Commercial Film Processors. 26 Commentary ...... 27 Mandatory Reporting of Suspected Child Exploitation 27 Commentary ...... 31 Exposure of Children to Pornographic/Obscene Materials 31 Commentary ..... 32 Unique/Relevant Statutes ..... 32 II JUVENILE PROSTITUTION OVERVIEW Juvenile Prostitution Statutes .... 34 Commentary ..... 35 General Prostitution Statutes .... 36 Conduct Constituting Prostitution . 36 Commentary ...... 39 Prohibited Conduct Under Juvenile Prostitution Statutes 40 Patronizing ...... 40 Soliciting ...... 41 Pandering/Pimping/Promoting . 42 Confining/Compelling .... 44 Keeping Place of Juvenile Prostitution . 45 Prohibited Conduct Under General Prostitution Statutes 46 0 0 0 vi Age of Protection ...... 54 Commentary ...... 55 Defenses/Evidentiary Considerations . 56 Commentary ...... 57 HIV/STD Transmission ..... 58 Forfeiture ....... 59 Unique/Relevant Statutes ..... 60 IIl CRIMINAL SEX OFFENSES IMPACTING ON CHILDREN Extra-familial Criminal Sex Offense Statutes . 61 Familial Criminal Sex Offense Statutes 62 Commentary. 62 Prohibited Conduct/Definitions . 63 Commentary. 74 Age of Protection . 75 Commentary . 75 General Sex Offense Statutes . 76 Defenses/Evidentiary Considerations 77 Commentary. 81 Sex Offender Registration . 82 Commentary. 82 HIV/STD Testing/Transmission . 83 Q ID 0 vii Va_a Unique/Relevant Statutes 87 IV NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE/AMERICAN PROSECUTORS RESEARCH INSTITUTE: STA'I~I'E COMPILATIONS Criminal Child Abuse Proceedings Admissibility of Videotaped Depositions and/or Testimony . 91 Admissibility of Videotaped Interviews and/or Statements . 91 Child Hearsay Exceptions ...... 92 Closed-Circuit Television ...... 92 Courtroom Closure ....... 93 Use of Leading Questions ...... 93 Use of Anatomical Dolls ...... 94 Limiting Length of Child's Testimony .... 94 Limiting Number of Interviews with Child . • 94 Speedy Disposition of Cases ..... 94 Competency of Child Witnesses .... 95 Appointment of Support Persons ..... 95 Limiting Release of Identifying Information on Child Abuse Victims ....... 96 Joint Investigations Between Law Enforcement and Child Protection Agencies ....... 96 Creation of Multi-Disciplinary/Multi-Agency Child Protection Teams ....... 97 Mandating or Authorizing Creation of Child Death Review Teams 97 0 0 tD ooo VIII Pa_a Statutes of Limitations for Offenses Against Children . 98 Criminal Parental Abduction ..... 98 TABLES AND STATUTE SUMMARIES Appendix h Child Pornography and Related Offenses Appendix II: Juvenile Prostitution Appendix IIh Criminal
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