Stopping Child Pornography: Protecting Our Children and the Constitution : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, October 2, 2002U.S. Government Printing Office, 2003 - 156 strani |
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actual child actual children adults affirmative defense Amendment Armagh Ashcroft Center for Missing Chairman LEAHY child molesters child porn child pornography laws child sexual abuse child victims Committee Congress constitutional constitutionally contact sex crimes contact sexual crimes CPPA Earl Pomeroy effective engaging in sexually Exploited Children Ferber Free Speech Coalition harm House bill ICAC ICAC Task Forces identified illegal image depicts Internet Service Providers investigation involved IP address issue law enforcement legislation Miller minor Missing and Exploited National Center NCMEC obscenity Offender Treatment Program pandering pedophiles pornography and child possession of child problem production Professor Schauer prosecutors PROTECT Act protect our children provision re-offense real child real children recidivism recidivism rates reported risk Senator Hatch sentencing sex crimes Sex Offender Treatment sexual abuse sexually explicit conduct sexually explicit materials SOTP statute Supreme Court U.S. Customs Service underlying prohibition virtual child pornography visual depictions
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Stran 41 - Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.
Stran 39 - In all kinds of litigation it is plain that where the burden of proof lies may be decisive of the outcome. . . . There is always in litigation a margin of error, representing error in factfinding, which both parties must take into account. Where one party has at stake an interest of transcending value — as a criminal defendant his liberty — this margin of error is reduced as to him by the process of placing on the other party the burden of producing a sufficiency of proof in the first instance,...
Stran 39 - The limits are in substance these, that the state shall have proved enough to make it just for the defendant to be required to repel what has been proved with excuse or explanation, or at least that upon a balancing of convenience or of the opportunities for knowledge the shifting of the burden will be found to be an aid to the accuser without subjecting the accused to hardship or oppression.
Stran 89 - While we have not had occasion to consider the question, we may assume that the apparent age of persons engaged in sexual conduct is relevant to whether a depiction offends community standards. Pictures of young children engaged in certain acts might be obscene where similar depictions of adults, or perhaps even older adolescents, would not.
Stran 89 - Court concluded that, because of its breadth, the prior law was "much more than a supplement to the existing federal prohibition on obscenity." 122 S. Ct. at 1399. But it did not foreclose the possibility that supplemental legislation aimed specifically at obscene depictions of children could properly be enacted. On the contrary, the Court went out of its way to note that obscenity doctrine may give the Government greater leeway when it comes to graphic depictions of sexual acts involving very young...
Stran 99 - ... advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct...
Stran 86 - The Government has shown no more than a remote connection between speech that might encourage thoughts or impulses and any resulting child abuse. Without a significantly stronger, more direct connection, the Government may not prohibit speech on the ground that it may encourage pedophiles to engage in illegal conduct.
Stran 104 - ... such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is...
Stran 50 - ... not-for-profit corporation, mandated by Congress and working in partnership with the US Department of Justice as the national resource center and clearinghouse on missing and exploited children. NCMEC is a true public-private partnership, funded in part by Congress and in part by the private sector. Our federal funding supports specific operational functions mandated by Congress, including a national 24-hour toll-free hotline; a distribution system for missing-child photos; a system of case management...
Stran 113 - The study also indicated that, "these offenders target children in Cyberspace in a similar manner as offenders who prey on children in their neighborhood or nearby park. They seek vulnerable children, gradually groom them, and eventually contact them to perpetrate sexual abuse.