Printer Friendly
Dictionary, Encyclopedia and Thesaurus - The Free Dictionary
6,499,447,445 visitors served.
forum Join the Word of the Day Mailing List For webmasters
?
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms
 
Idioms
Encyclopedia
Wikipedia
encyclopedia
?

Child Pornography
(redirected from kiddy porn)

   Also found in: Dictionary/thesaurus, Medical, Wikipedia 0.01 sec.
Child Pornography

Child pornography is the visual representation of minors under the age of 18 engaged in sexual activity or the visual representation of minors engaging in lewd or erotic behavior designed to arouse the viewer's sexual interest.

Child pornography may include actual or simulated sexual intercourse involving minors, deviant sexual acts, bestiality, masturbation, sado-masochistic abuse, or the exhibition of genitals in a sexually arousing fashion. In most instances, however, the mere visual depiction of a nude or partially nude minor does not rise to the level of child pornography. Thus, home movies, family pictures, and educational books depicting nude children in a realistic, non-erotic setting are protected by the Free Speech Clause of the First Amendment to the U.S. Constitution and do not constitute child pornography.

Child pornography differs from pornography depicting adults in that adult pornography may only be regulated if it is obscene. In miller v. california, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973) the U.S. Supreme Court ruled that pornography depicting adults is obscene if (1) the work, taken as a whole by an average person applying contemporary community standards, appeals to the prurient interest; (2) the work depicts sexual conduct in a patently offensive way; and (3) the work, when taken as a whole, lacks serious literary, artistic, political, or scientific value. In contrast, child pornography can be banned without regard to whether the pornographic depictions of minors violate contemporary community standards or otherwise satisfy the Miller standard for Obscenity.

In New York v. Ferber, 458 U.S. 747, 102 S.Ct. 3348, 73 L.Ed.2d 1113 (U.S. 1982), the Supreme Court explained the rationale underlying the distinction between child pornography and adult pornography. The Court said that the government has a compelling interest in protecting minor children from Sexual Abuse and exploitation. Using the same rationale, the Supreme Court later said that even the mere possession of child pornography may be prohibited without violating the First Amendment. Osborne v. Ohio, 495 U.S. 103, 110 S.Ct. 1691, 109 L.Ed.2d 98 (U.S. 1990).

However, the Supreme Court drew the line with so-called "virtual" depictions of child pornography. In 1996 Congress passed the Child Pornography Prevention Act (CPPA), which expanded the federal prohibition on child pornography to include not only pornographic images made using actual children, but also "any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." 18 U.S.C. § 2256. Civil libertarians worried that the CPPA would be applied to ban a range of sexually explicit images that appeared to depict minors but were produced by means other than using real children, such as through the use of computer-imaging technology.

The Supreme Court agreed. In Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002), the Court ruled that the CPPA's provisions went too far by trying to ban speech that created no real minor victims of sexual abuse. Nor could the CPPA be sustained on grounds that pedophiles might use virtual child pornography to seduce actual children into participating in real child pornography. The prospect of crime, by itself, does not justify laws suppressing protected speech, the Court said.

In response to the Court's decision, the Senate and U.S. House of Representatives introduced almost identical bills that attempt to implement the substantive provisions of the CPPA in a way that would survive constitutional scrutiny. The Child Obscenity and Pornography Prevention Act of 2002 was approved by the House (H.R. 4623 § 3(a)) and as of early 2003 was pending before the Senate Judiciary Committee. S. 2511, § 2(a).

In the new bill, Congress changed the prohibition against images that "appear" to be of a minor engaging in sexually explicit conduct to a prohibition against "computer image or computer-generated image that is, or is indistinguishable" from a conventional image of child pornography. Similarly, the proposed legislation replaced language prohibiting electronic images that "convey the impression" that the pornographic material contains a visual depiction of a minor engaging in sexually explicit conduct with an Scienter requirement, which makes it an offense to advertise or promote material "with the intent to cause any person to believe that the material is, or contains, a visual depiction of a minor engaging in sexually explicit conduct."

Finally, the House and Senate included a number of "findings" that attempt to bolster the constitutionality of the proposed law. Section 2 of the bill details at length how the limitations placed on prosecuting child pornographers who pander both "real" and "virtual" child pornography have frustrated law enforcement efforts and meritorious prosecutions in the Ninth Circuit. These findings are plainly meant to provide any courts that might scrutinize the proposed legislation with a compelling interest necessary to uphold it over First Amendment objections. However, as of early 2003, Congress had not yet passed the bill.

Further readings

Clark, Matthew C., ed. 2002. Obscenity, Child Pornography and Indecency. New York: Novinka Books.

Tate, Tim. 1990. Child Pornography: An Investigation. London: Methuen.

U.S. Senate, Committee on the Judiciary. 2003 Stopping Child Pornography: Protecting Our Children and the Constitution: Hearing Before … 107th Congress, 2nd Session, October 2, 2002. Washington, DC: U.S. G.P.O.

Cross-references

Child Abuse; Computer Crime; First Amendment; Freedom of Speech; Obscenity; Pedophilia.



Want to thank TFD for its existence? Tell a friend about us, add a link to this page, or visit the webmaster's page for free fun content.
?Page tools
Printer friendly
Cite / link
Feedback
Add definition
Mentioned in?  References in periodicals archive?   Legal browser?   Full browser?
 
Byline: GEORGE TYNDALE * DISGRACED actor Chris Langham, jailed for downloading kiddy porn, really should slope off into a dark corner and keep his mouth shut.
As the first protest singer to rise from the streets of anti-war and WTO protests and get a major worldwide distribution deal, I felt compelled to explain that today's Dylans, Ochses, and Neil Youngs are here, but they're being silenced by an industry that has for years derived its profits from kiddy porn and dreamy boys.
The High Court in Edinburgh heard that when cops raided Jason Jordan's home in June 2004, the 42-year-old admitted his huge cache of kiddy porn was "sickening".
 
 
 
Legal Dictionary
?

Terms of Use | Privacy policy | Feedback | Advertise with Us | Copyright © 2014 Farlex, Inc.
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.