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Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is It Really What It "Appears to Be?" Wade T
University of Richmond Law Review Volume 35 | Issue 2 Article 6 2001 Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is it Really What it "Appears to Be?" Wade T. Anderson University of Richmond Follow this and additional works at: http://scholarship.richmond.edu/lawreview Part of the Other Law Commons Recommended Citation Wade T. Anderson, Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is it Really What it "Appears to Be?", 35 U. Rich. L. Rev. 393 (2001). Available at: http://scholarship.richmond.edu/lawreview/vol35/iss2/6 This Comment is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. COMMENTS CRIMINALIZING "VIRTUAL" CHILD PORNOGRAPHY UNDER THE CHILD PORNOGRAPHY PREVENTION ACT: IS IT REALLY WHAT IT "APPEARS TO BE?" David is 11 years old. He weighs 60 pounds. He is 4 feet, 6 inches tall. He has brown hair. His love is real. But he is not. -Advertisement for Steven Spielberg's June 2001 film, Artificial Intelligence.' Years after his death, John Wayne sells beer in television commercials. 2 Eons after their extinction, lifelike dinosaurs con- tinue to terrorize actors and thrill moviegoers.3 The highest- grossing film of all time4 employs "virtual" passengers aboard the 1. AL. Artificial Intelligence, at http:/aimovie.warnerbros.com (last visited Apr. 3, 2001). 2. Robert Lemos, Virtual Actors: Cheaper, Better, Faster Than Humans?, ZDNET NEWS, June 15, available at 1998, 1998 WL 28812578 ("John Wayne and Fred Astaire, or at least the computer-enhanced images of the deceased stars, are starring in commer- cials."). -
Child Pornography Is Sex Trafficking
Child Pornography is Sex Trafficking January 31, 2017 By Human Trafficking Collaborative Network (HTCN) 1 On December 30, 2011, Former President Obama declared January to be National Slavery and Human Trafficking Prevention Month. The general public’s awareness of human trafficking has improved considerably over the past years. At the time of this writing, the last day of the 2017 Human Trafficking Awareness Month, we are grateful that many community activities have been held in St. Louis and surrounding areas. Some activists participated in a series of anti- human trafficking campaigns at the Missouri Capital; some held a vigil for survivors and victims who lost their lives; some held resource dissemination events to better inform service providers, concerned citizens and students. In light of a very recent high-profile indictment of a St. Louis County child pornography case, we are compelled to providing regional information on child pornography in the context of human trafficking. As defined by the Victims of Trafficking and Violence Protection Act of 2000 (TPVA, 2000), [i] human trafficking includes recruitment, harboring, provision, receipt, transportation and/or obtaining of individuals by using force or threats, coercion, fraud and/or using systems of indebtedness or debt bondage for purposes of sexual or other forms of economic exploitation. Coercion includes threats of physical or psychological harm to the 1. The Human Trafficking Collaborative Network (HTCN) core members include: Rumi Kato Price (WU School of Medicine); Andrea Nichols (WU Brown School of Social Work & Women Gender and Sexuality Studies; St. Louis Community College Forest Park); Kathleen Thimsen (Goldfarb School of Nursing at BJC); Tonya Edmond (WU Brown School of Social Work); Richelle Clark & Matthew Brown (IPH Center for Community Health Partnership & Research; Sundari Balan (WU School of Medicine); Natalie Palmer (Goldfarb School of Nursing at BJC); and Porpong (Paul) Boonmak (McDonnell International Scholars Academy, Master of Population Health Sciences; WU School of Medicine). -
Alternative to What? the Rise of Loslyf Magazine Is My Own and That It Has Not Previously, in Its Entirety Or in Part, Been Submitted at Any University for a Degree
ALTERNATIVE TO WHAT? THE RISE OF LOSLYF MAGAZINE Marnell Kirsten Thesis presented in fulfilment of the requirements for the degree of Master of Visual Studies at Stellenbosch University Supervisor: Dr. Stella Viljoen April 2014 Stellenbosch University http://scholar.sun.ac.za I, the undersigned, hereby declare that the work contained in Alternative to what? The rise of Loslyf magazine is my own and that it has not previously, in its entirety or in part, been submitted at any university for a degree. All the sources that I have used or quoted have been indicated and acknowledged by means of complete references. Marnell Kirsten November 2013 Student number: 14353938 i Stellenbosch University http://scholar.sun.ac.za What is pornography to one man is the laughter of genius to another. - DH Lawrence (1936: 11) ii Stellenbosch University http://scholar.sun.ac.za SUMMARY In this study I analyse the first year of publication of Loslyf, the first and, at the time of its launch in June 1995, only Afrikaans pornographic magazine. The analysis comprises a historical account of its inception as relayed mainly by Ryk Hattingh, the first editor of Loslyf and primary creative force behind the publication. Such an investigation offers valuable insights into an aspect of South African media history as yet undocumented. As a powerful contributor to an Afrikaans imaginary, emerging at a time of political renewal, Loslyf provides a glimpse into the desires, tensions and tastes of and for an imagined community potentially still shaped by a censorial past. The magazine is worth studying, in part, as an example of an attempt at reinvesting the prescriptive and seemingly generic genre of pornography with cultural specificity and political content, with a view to making it more interesting and relevant. -
Sex in the Sexy Workplace Lua Kamál Yuille
Northwestern Journal of Law & Social Policy Volume 9 Article 4 Issue 1 Fall 2013 Fall 2013 Sex in the Sexy Workplace Lua Kamál Yuille Recommended Citation Lua Kamál Yuille, Sex in the Sexy Workplace, 9 Nw. J. L. & Soc. Pol'y. 88 (2013). http://scholarlycommons.law.northwestern.edu/njlsp/vol9/iss1/4 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2013 by Northwestern University School of Law Volume 9 (Summer 2013) Northwestern Journal of Law and Social Policy Sex in the Sexy Workplace Lua Kamál Yuille* ABSTRACT This article presents yet another problem that cannot be addressed adequately either through an honest application of existing sexual harassment paradigm under Title VII of the Civil Rights Act of 1964 or through any of the solutions to that paradigm’s deficiencies that have been proffered since its inception: hostile environment sexual harassment of the non-sexualized worker in the “sexy” workplace. It offers a comprehensive doctrinal illustration of how both existing sexual harassment doctrine and popular critiques of that doctrine fail to respond to the unique case of the sexual harassment of a non-sexualized worker in the sexual titillation industry (e.g. a secretary at a pornographic magazine publisher). The article offers a doctrinal fix that draws inspiration from the “bona fide occupational qualification” and “business necessity defense” exceptions to Title VII’s prohibition on workplace discrimination. -
IMAGES of WOMEN in PORNOGRAPHY and Mediat
IMAGES OF WOMEN IN PORNOGRAPHY AND MEDIAt TERESA HOMMEL If a solution is to be found to the culture-wide violence towards women that we accept as part of our normal everyday society, we must first character- ize this violence as a problem and then change the attitudes we hold towards men, women, and violence. We can begin to change our attitudes by changing the images with which we surround ourselves that teach, reinforce, and perpet- uate these attitudes. Physical and psychological violence towards women is the norm in our cul- ture. Many men clearly believe that they should commit these acts, whether to enjoy themselves or to assert their masculine identity. But where do these men learn that violence towards women is a form of enjoyment or a way to assert masculinity? Feminists believe that today the primary source of images of such violence is the mass media, especially pornography. The purpose of the slideshow you are about to see is to help the audience recognize the hatred of women expressed in pornography, and to increase un- derstanding of the destructive consequences of these images. Many feminists believe that portrayals of women being bound, raped, tortured, killed, or de- graded for sexual stimulation or pleasure create a psychological association of sexuality and violence, and teach men that women are easy targets and fair game, that women enjoy being pushed around, and that violence itself is a sex- ual turn-on. In addition, such images teach women to accept victimization as inevitable, and to feel helpless and passive. The important thing to watch for throughout the slideshow is the repetition of certain themes: the association of sexuality and violence, the macho image projected as appropriate for men, the weak, passive image projected as appro- priate for most women, the joking attitude in many of the images of rape or battering, and finally, the constant suggestion that women are less than human. -
Quick Facts on Child Pornography Offenses
Quick Facts — Child Pornography Offenders — Fiscal Year 2018 Offender and Offense Characteristics2 • 45.5% of child pornography offenders were sentenced for IN FY 2018, 69,425 CASES WERE REPORTED TO trafficking child pornography; 43.3% were sentenced for THE U.S. SENTENCING COMMISSION. possessing child pornography; and 11.2% were sentenced for receiving child pornography. 1,414 OF THESE INVOLVED CHILD PORNOGRAPHY.1 • 99.3% of child pornography offenders were men. CHILD PORNOGRAPHY OFFENDERS HAVE DECREASED • 83.3% were White, 9.5% were Hispanic, 4.2 % were Black, and 3.0% 12.4% SINCE FY 2014. were Other races. Number of • Their average age was 41 years. Child Pornography Offenders • 97.8% were United States citizens. 2,000 • 76.5% had little or no prior criminal history (Criminal History 1,613 1,557 1,591 1,403 1,414 Category I). 1,500 ♦ 9.5% were CHC II; ♦ 8.0% were CHC III; ♦ 3.2% were CHC IV; 1,000 ♦ 1.8% were CHC V; ♦ 1.0% were CHC VI. 500 • The top six districts for child pornography offenders were: ♦ Southern District of Texas (54); ♦ Eastern District of Virginia (51); 0 ♦ Western District of Missouri (50); FY FY FY FY FY ♦ 2014 2015 2016 2017 2018 Eastern District of Missouri (38); ♦ Middle District of Florida (38); ♦ Western District of Texas (35). Length of Mandatory Minimum Penalties for Punishment Child Pornography Offenders FY 2018 • 99.1% of child pornography offenders were sentenced to prison; More than their average sentence was 104 months. 15 Years 20 Years 7.4% 0.2% • The average sentence for offenders convicted of trafficking in child pornography was 136 months3: 10 Years ♦ 86.6% of these offenders were convicted of an offense 8.2% carrying a five-year mandatory minimum penalty; their average sentence was 116 months. -
Criminalization Downloads Evil: Reexamining the Approach to Electronic Possession When Child Pornography Goes International
\\jciprod01\productn\B\BIN\34-2\BIN203.txt unknown Seq: 1 2-JUN-16 14:19 CRIMINALIZATION DOWNLOADS EVIL: REEXAMINING THE APPROACH TO ELECTRONIC POSSESSION WHEN CHILD PORNOGRAPHY GOES INTERNATIONAL Asaf Harduf* INTRODUCTION ................................................... 280 R I. THE LADDER OF CRIMINALIZATION ....................... 281 R A. The Matter of Criminalization ......................... 282 R B. The Rungs of the Ladder of Criminalization ........... 284 R 1. First Rung: Identifying the Conduct, Causation, and Harm ......................................... 285 R 2. Second Rung: Examining the Ability to Achieve Goals ............................................. 286 R 3. Third Rung: Examining Alternatives to Criminalization .................................... 287 R 4. Fourth Rung: Assessing the Social Costs of Solutions and Striking a Balance .................. 288 R C. Towards an Analysis of Child Pornography Possession ............................................. 288 R II. APPLICATION TO THE ELECTRONIC POSSESSION OF CHILD PORNOGRAPHY ............................................ 289 R A. First Rung: The Offensive Conduct of Electronic Possession ............................................. 292 R 1. Conduct of Electronic Possession .................. 292 R 2. Harms to Children ................................ 294 R 3. Causation: Four Possible Links .................... 295 R 4. Offensiveness: Summation ......................... 302 R B. Second Rung: Criminal Law’s Ability to Reduce Harm to Children ........................................... -
Precedential United States Court Of
Case: 19-2424 Document: 79 Page: 1 Date Filed: 12/11/2020 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ Nos. 19-2424 & 19-2932 _______________ UNITED STATES OF AMERICA v. DYLAN HEATHERLY, also known as Daniel Sotherland, also known as John Doe-9, Appellant in No. 19-2424 _______________ UNITED STATES OF AMERICA v. WILLIAM STAPLES, also known as Bill Simpson, also known as John Doe-7, Appellant in No. 19-2932 _______________ On Appeals from the United States District Court for the Middle District of Pennsylvania (D.C. Nos. 1:16-cr-00082-010 & 1:16-cr-00082-008) District Judge: Honorable Yvette Kane _______________ Case: 19-2424 Document: 79 Page: 2 Date Filed: 12/11/2020 Argued: July 8, 2020 Before: McKEE, BIBAS, and FUENTES, Circuit Judges (Filed: December 11, 2020) _______________ Robert J. Daniels [ARGUED] Richard H. Katsifis Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17101 Counsel for Appellant Dylan Heatherly M. Jason Asbell [ARGUED] Gibbel, Kraybill & Hess 2933 Lititz Pike P.O. Box 5349 Lancaster, PA 17606 Counsel for Appellant William Staples Stephen R. Cerutti, II Office of United States Attorney Middle District of Pennsylvania 228 Walnut Street P.O. Box 11754 220 Federal Building and Courthouse Harrisburg, PA 17108 2 Case: 19-2424 Document: 79 Page: 3 Date Filed: 12/11/2020 Austin M. Berry [ARGUED] United States Department of Justice Criminal Division Child Exploitation and Obscenity Section 1400 New York Avenue, N.W. Washington, DC 20005 Counsel for Appellee _______________ OPINION OF THE COURT _______________ BIBAS, Circuit Judge. -
Pleasure, Pain and Pornography: a Gendered Analysis of the Influence of Contemporary Pornography on the Lives of New Zealand Emerging Adults
Pleasure, pain and pornography: A gendered analysis of the influence of contemporary pornography on the lives of New Zealand emerging adults By Samantha Maree Keene A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Criminology Social and Cultural Studies Victoria University of Wellington 2019 i ii Abstract Historically, concerns have been raised about violence in pornography and the influence that such portrayals may have on levels of violence against women and children. Today, pornography is pervasively available on the internet and viewed by both men and women in ever-increasing numbers. In New Zealand, violence against women and children remains at alarmingly high levels, and concerns about pornography’s influence on gendered violence are a common refrain. Research remains inconclusive about the impacts of pornography on viewers’ sexual scripts, behaviours and attitudes, yet the voices of those most affected by pornography – viewers and their partners – are often omitted from pornography studies. Few New Zealand studies employ a gendered analysis of men’s and women’s experiences with pornography. To provide research specific to New Zealand about these experiences, this thesis explores the reported influences of mainstream pornography on the lives of a self-selecting sample of (primarily) heterosexual New Zealanders between the ages of 18 and 30. It adopts a uniquely gendered analysis and critically interrogates both men’s and women’s experiences with pornography in the digital age. The findings of this research suggest that pornography research necessitates a gendered appraisal both in terms of how pornography is experienced individually, but also within intimate relationships. -
Federal Sentencing of Child Pornography: Non-Production Offenses I
Federal Sentencing of Child Pornography: Non-Production Offenses i United States Sentencing Commission June 2021 FEDERAL SENTENCING OF CHILD PORNOGRAPHY NON-PRODUCTION OFFENSES Federal Sentencing of Child Pornography: Non-Production Offenses CHARLES R. BREYER Acting Chair PATRICIA K. CUSHWA Ex Officio JONATHAN WROBLEWSKI Ex Officio KENNETH P. COHEN Staff Director JUNE 2021 United States Sentencing Commission Federal Sentencing of Child Pornography: Non-Production Offenses Table of Contents 1 Introduction & Key Findings 11 Chapter One: Overview of Sentencing Framework 15 Chapter Two: Data Overview 27 Chapter Three: Content, Community, and Conduct 47 Chapter Four: Sentencing Disparities 61 Chapter Five: Recidivism 67 Conclusion 71 Appendices 80 Endnotes United States Sentencing Commission This report focuses on offenders sentenced under the non-production child pornography guideline. A subsequent report will analyze offenders sentenced under the production of child pornography guideline. Federal Sentencing of Child Pornography: Non-Production Offenses 1 Introduction This publication updates and expands upon the United States Sentencing Commission’s 2012 Child Pornography Report to the Congress: Federal Child Pornography Offenses (the “2012 Child Pornography Report”).1 In the 2012 Child Pornography Report, The 2012 Child Pornography Report sought the Commission analyzed offenders sentenced to contribute to the ongoing assessment by under the federal child pornography sentencing Congress and other stakeholders in the federal guidelines and -
Child Sexualization in the Media: a Need for Reform Punam Panchal Alam Seton Hall Law
Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2013 Child Sexualization in the Media: A Need for Reform Punam Panchal Alam Seton Hall Law Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Criminal Law Commons, and the First Amendment Commons Recommended Citation Panchal Alam, Punam, "Child Sexualization in the Media: A Need for Reform" (2013). Law School Student Scholarship. 75. https://scholarship.shu.edu/student_scholarship/75 Child Sexualization in the Media: A Need for Reform By: Punam Panchal I. INTRODUCTION II. MEDIA EXAMPLES OF CHILD SEXUALIZATION A. The Parry Case – A Teen Model Exposed B. Jour Après Lunes – Lingerie for Four- to Six- year olds C. Toddlers and Tiaras – Costumes Gone Too Far III. CURRENT NEW YORK LAW IS INEFFECTIVE IN CURBING CHILD SEXUALIZATION IV. NEW YORK LAW AS APPLIED TO THE GIVEN MEDIA EXAMPLES A. The Hailey Clauson Images B. Toddlers And Tiaras C. Jours Après Lunes (JAL) V. PROPOSED AMENDMENT TO NEW YORK PENAL LAW TO HELP PREVENT CHILD SEXUALIZATION A. The proposed amendment does not run afoul of the First Amendment of the United States Constitution. B. The proposed Amendment should be adopted as a matter of public policy to prevent psychological and social harm resulting from child sexualization. VI. CONCLUSION 1 CHILD SEXUALIZATION IN THE MEDIA: A NEED FOR REFORM BY: PUNAM PANCHAL I. INTRODUCTION She had already been featured on the covers of Russian and Japanese Vogue magazine, modeled for a Forever 21 catalogue, -
Harm Being Done to Australian Children Through Access to Pornography on the Internet
Harm being done to Australian children through access to pornography on the Internet That the following matter be referred to the Environment and Communications References Committee for inquiry and report by the first sitting day in December 2016: Harm being done to Australian children through access to pornography on the Internet, with particular reference to: trends of online consumption of pornography by children and their impact on the development of healthy and respectful relationships; current methods taken towards harm minimisation in other jurisdictions, and the effectiveness of those methods; the identification of any measures with the potential for implementation in Australia; and any other related matters Who we are The South Eastern Centre Against Sexual Assault (SECASA) provides sexual assault and family violence services in Victoria within the Mornington Peninsula, Frankston, Bayside, Port Phillip, Stonnington, Glen Eira and Kingston local government areas. We also work in the Greater Dandenong, Casey and Cardinia growth corridor. South Eastern Center Against Sexual Assault and Family Violence PO Box 72 East Bentleigh Victoria 3165 Prepared by: Carolyn Worth, Manager 10 March 2016 Phone: 03 99288741 Fax: 03 99288749 Introduction “Before the invention of the Internet, children and young people curious about sexual terms, phrases or the act itself were likely to talk to each other, or older siblings about it; these days they ‘Google it’. Even phrases which seem, on the face of it, innocent can lead children towards websites hosting adult content. Research also shows that young people are prone to seeking out sexual material, to discuss with friends or for their own sexual gratification.” (The Lucy Faithfull Foundation) “Exposure to pornography is routine among children and young people, with a range of notable and often troubling effects.