Prosecuting Virtual Child Pornography in the 21st Century
Abstract
Child pornography involves the illicit production, distribution and possession of images depicting children engaged in sexually explicit activity. Based on several Supreme Court decisions affirming the government's right to criminalize child pornography, Congress enacted laws banning it as early as 1977. By the late 1980s, these laws had had a significant impact, forcing sexual depictions of children from adult bookstores and driving child pornographers underground. Fueled by the rapid growth of the Internet and advancing computer technology, child pornography made a comeback in the 1990s. Concerned that advancing computer graphics technology would make it possible to create life-like images of child pornography, Congress enacted the Child Pornography Prevention Act of 1996 (CPPA). The CPPA extended the definition of child pornography to include images that 'appeared to be' depictions of children engaged in sexually explicit conduct. The CPPA allowed the government to convict individuals without having to prove that the child depicted was real. The Free Speech Coalition and other plaintiffs challenged the CPPA as soon as it was enacted, arguing, among other things, that the 'appears to be' language was unconstitutionally overbroad. The Supreme Court ultimately agreed with the plaintiffs in Ashcroft v. Free Speech, finding that Congress could not ban images of children engaged in sexually explicit conduct, unless the images depicted actual children, or were legally obscene. The Supreme Court left the door open for Congress to more narrowly regulate computer-generated child pornography consistent with its decision.
Document Details
- Document Type
- Technical Report
- Publication Date
- Aug 31, 2003
- Accession Number
- ADA417111
Entities
People
- Kyle W. Nolte
Organizations
- George Washington University