Internet Report 2

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The author(s) shown below used Federal funds provided by the U.S.Department of Justice and prepared the following final report:

Document Title: Internet Crimes Against Children: A Matrix of

Federal and Select State Laws

Author: Patr ick Miller, Al ice R. Buchalter

Document No.: 228812

Date Received: November 2009

Award Number: 09-12-9699119-002

This report has not been published by the U.S. Department of Justice.To provide better customer service, NCJRS has made this Federally-funded grant final report available electronically in addition to

traditional paper copies.

Opinions or points of view expressed are thoseof the author(s) and do not necessarily reflect

the official position or policies of the U.S.

Department of Justice.


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INTERNET CRIMES AGAINST CHILDREN: A MATRIX OF FEDERAL AND SELECT STATE LAWS

A Report Prepared by the Federal Research Division, Library of Congress under an Interagency Agreement with the

National Institute of Justice

October 2009

Researcher: Patrick Miller

Project Manager: Alice R. Buchalter

Federal Research Division

Library of CongressWashington, D.C. 205404840Tel: 2027073900Fax: 2007073920E-Mail: [email protected]: http://www.loc.gov/rr/frd/
mailto:[email protected]:[email protected]://www.loc.gov/rr/frd/http://www.loc.gov/rr/frd/http://www.loc.gov/rr/frd/mailto:[email protected]


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Library of Congress Federal Research Division Internet Crimes Against Children

PREFACE

This report provides, in tabular format, the major provisions of federal and select state

(California, Connecticut, Florida, Michigan, Missouri, New Hampshire, New Jersey, New York,

North Carolina, and Pennsylvania) laws that impose civil and criminal sanctions against persons

convicted of Internet crimes against children. The states selected were chosen, in consultation

with the National Institute of Justice (NIJ), because they have enacted major legislation. The

report also summarizes the major provisions and status of proposed legislation currently pendingbefore Congress and respective state legislatures. Pertinent laws are grouped into several

subtopics: unwanted sexual solicitation, pornography (children as the subject), and harassment

and bullying. The author of this report researched four primary online sources: the United States

Code, state codes and statutes, state legislature Web sites, and the Library of Congress

THOMAS Web site.


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TABLE OF CONTENTS

PREFACE........................................................................................................................................ iINTERNET CRIMES AGAINST CHILDREN: FEDERAL LEGISLATION.............................. 1 INTERNET CRIMES AGAINST CHILDREN: STATE LEGISLATION.................................... 6


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Solicitation Pornography Harassment/Bullying42 U.S.C. 16944. (a) The Attorney General shallexpand federal, state, and local law enforcement

and prosecutor training to help them respond to thethreat of sex offenders using the Internet and othertechnology to solicit children. (b) The AttorneyGeneral shall deploy technology to all InternetCrimes Against Children Task Forces to track childexploitation.

18 U.S.C. 2257. Failing to give individuallyidentifiable records pertaining to every performer

engaged in a visual depiction of sexual activitycontained in a publication or Website is a crimepunishable by fine and no more than five years injail, or both.(i) Prior conviction for the same offenseis punishable by two to ten years.

42 U.S.C. 13032. Knowingly and willfully failingto report child pornography to the Cyber Tip Line atthe National Center for Missing and Expoited

Children, while engaged to provide electroniccommunication service, is a crime punishable byfine of not more than $50,000.

47 U.S.C. 223. (a) (1) (A) Knowingly using atelecommunications device to make, create, solicit,or initiate transmission of a comment, request,suggestion, proposal, or image which is obscene oris child pornography with intent to harass anotherperson; or(B) knowingly using a

telecommunications device to make, create, solicit,or initiate transmission of any comment, request,suggestion, proposal, image, or othercommunication which is obscene or childpornography, knowing that the recipient of thecommunication is under 18 years of age, to harassany person; or(E) repeatedly initiatingcommunications with a telephone or atelecommunications device to harass are all crimespunishable by fine and imprisonment for not morethan two years, or both. (d) Using an interactivecomputer service to send or display to a personunder the age of 18 a comment, image, orcommunication that depicts or describes sexual orexcretory activities or organs is punishable byimprisonment for not more than two years, or fine,or both.

47 U.S.C. 231. (a) (1) Knowingly makingavailable to minors by World Wide Web anyinterstate or foreign commerce material that is

3This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.


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Solicitation Pornography Harassment/Bullyingharmful to minors shall be punished by fine of notmore than $50,000, imprisonment of not more than

6 months, or both. (3) Each day of violation ofparagraph (1) constitutes a separate violation with acivil penalty of not more than $50,000.00 for eachviolation.

47 U.S.C. 254. (h) (5) (A)An elementary orsecondary school may not receive discounts toInternet access by service providers unless itsadministrative authority submits a certification to theFederal Communications Commission that an

Internet safety policy has been adopted andimplemented. (B)The school must certify that it isenforcing a policy of Internet safety for minors thatincludes monitoring online activities by minors andthe operation of technology that protects minorsfrom accessing visual depictions that are obscene,child pornography, or harmful to minors.

P.L. No. 104-104, Title V. Sec. 501, 110 Stat. 56,133 Feb. 8, 1996. The Communications Decency

Act of 1996 modified the Communications Act of1934 (47 U.S.C 609) to ban transmission ofobscene or indecent content over the Internet. Thelaw was overturned by the U.S. Supreme Court onJune 26, 1997 (No. 96-511) Reno v. American CivilLiberties Union, 521 U.S. 844 (1997).

P.L. No. 105-277 Title XIII, 112 Stat. 2681, 2681-728. Oct. 21, 1998. The Child Online PrivacyProtection Act of 1998 prohibits an operator of awebsite or online service directed to children, or anyoperator having actual knowledge that it is doing so,from unlawful and deceptive practices in thecollection of personal information.

P.L. No. 105-277 Title XIV, 112 Stat. 2681, 2681-736. Oct. 21, 1998. The Child Online Protection Actof 1998 modified the Communications Act of 1934(47 U.S.C 609) to prescribe civil and criminalpenalties for any person who, in interstate or foreigncommerce, by means of the World Wide Web,





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State Solicitation Pornography Harassment/BullyingNorth SB 65. The bill amends the current law N.C. SB526.A bill to enact the School ViolenceCarolina Gen. Stat. 14-202.3 regarding solicitation of Prevention Act which would define bullying or

Proposed a child by computer to include other electronic harassing behavior as threatening electronic orLegislation devices. Status: March 24, 2009, passed

Senate Judiciary Committee. March 30, 2009,passed Senate. March 30, 2009, referred toHouse Committee on Judiciary II.

other communication that takes place on schoolproperty or at a school-sponsored function oron a school bus. Status: March 24, 2009,passed Senate Judiciary Committee. June 6,2009, passed 3d reading in Senate. May 28,2009, referred to House Committee OnJudiciary I.

Pennsylvania 18 Pa. C.S.A. 6318 B6. (b.1)Using a

computer to contact a minor, or a lawenforcement officer posing as a child, for thepurpose of engaging in lewdness, prostitution,obscene material and performance, sexualabuse, or sexual exploitation is a third degreefelony.

18 Pa. C.S.A. 5903. (c) Disseminating explicit

sexual materials to a person known to be aminor is a third degree felony.

18 Pa. C.S.A. 6312. (b) Photographing,videotaping, or depicting on a computer anyprohibited sexual acts or simulations of a childyounger than 18 years old is a second degreefelony.

18 Pa. C.S.A. 6312. (c) Selling, distributing,disseminating, or displaying any book,photograph, film, or computer depiction of achild less than 18 years old in a prohibitedsexual act or simulation is a third degree felony.

18 Pa. C.S.A. 6312. (d) Possession of anybook, picture, magazine, photograph, film,computer depiction, or any other materialcontaining a child younger than 18 years old ina prohibited sexual act or simulation, is a thirddegree felony.

PennsylvaniaProposedLegislation




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Internet Report 2