Child Exploitations

Question 1

Minor

Answer 1

means any person under the age of eighteen years

Question 2

“Identifiable minor”

Answer 2

a. who was a minor at the time the visual depiction was created, adapted, or modified; or
b. whose image as a minor was used in creating, adapting, or modifying the visual depiction and who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.

Question 3

“Sexually explicit conduct”

Answer 3

means actual or simulated
- Graphic art/photoshop that looks very realistic and is hard to distinguish from real people.

1) sexual intercourse, including genital-genital, oral-genital, anal genital, or oral-anal, whether between persons of the same or
opposite sex
2) bestiality
3) masturbation
4) sadistic or masochistic abuse
5) lascivious exhibition of the genitals or pubic area of any person

Question 4

“Child pornography”

Answer 4

• means any visual depiction, including any photograph, film, video, picture, or
• computer or computer-generated image or picture, whether made or
• produced by electronic, mechanical, or other means, of sexually explicit conduct,
• where – the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct
• Doesn’t need physical contact

Question 5

Real Child

Answer 5

• Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct
• post-Free Speech Coalition = Prosecution must prove beyond a reasonable doubt that the image in question depicts an actual (i.e. “real”) child
• However, whether the material submitted by the government at trial constitutes an image of a “real” child is a question of fact for the jury to consider.

Question 6

Real Child Jury Options

Answer 6

Hence, when presented with evidence (image, digital image, computer image, or computer-generated image) the jury has several options:

1) The image is that of an actual/real child
2) The image is one that is indistinguishable from an actual/real child or
3) The image is neither (1) or (2)

Question 7

Child Image use at trial

Answer 7

1) The images alone may be sufficient.
2) The government is not required to pre-authenticate images before trial as depicting real children, and pretrial motions by the defense on that issue will normally fail.
3) Prosecution need not prove the identity of the minor depicted or the minor’s exact age.

Question 8

“Known” victims can be identified by

Answer 8

the National Center for Missing and Exploited Children’s (NCMEC) Child Victim Identification Program (CVIP). CVIP uses the Child Recognition and Identification System (CRIS) to find known victims in the materials submitted’

Question 9

“Lascivious exhibition of the genitals or pubic area of any person”

Note: test questions start at EPO 2, This is the last card for EPO 1

Answer 9

“graphic or simulated lascivious exhibition of the genitals or pubic area of any person.”
a. Whether the focal point of the visual depiction is on the child’s genitalia or pubic area
b. Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity
c. Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child
d. Whether the child is fully or partially clothed, or nude
e. Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; and
f. Whether the visual depiction is intended or designed to elicit a sexual
response in the viewer.

ALL of these factors do not have to be present (although there are some legal opinions that indicate at least two factors are needed to support a finding of lasciviousness).

Example - child in bathtub, if the viewer zooms in or changes it in some way out of the innocent video.

Question 10

18 U.S.C.A. § 2422 (b) – Coercion and enticement

don’t need to memorize, just be familiar

Answer 10

a. knowingly persuade, induce, entice, or coerce
b. any individual who has not attained the age of 18 years
c. to engage in (or attempts to do so)
1) prostitution or
2) any sexual activity for which any person can be charged with a
criminal offense
d. using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States

Question 11

18 U.S.C.A. § 2423 (a) – Transportation of minors

don’t need to memorize, just be familiar

Answer 11

a. knowingly transport
b. an individual who has not attained the age of 18 years
c. in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States
d. with intent that the individual engage in
1) prostitution or
2) in any sexual activity for which any person can be charged with a
criminal offense
- Involves taking a child across lines.

Question 12

18 U.S.C.A. § 2423 (b) – Transportation of minors

don’t need to memorize, just be familiar

Answer 12

a. Travel for the purpose of engaging in any illicit sexual conduct with another person
b. Doesn’t need to cross state lines, can be interstate travel.

Question 13

18 U.S.C.A. § 2423 (c) – Transportation of minors

don’t need to memorize, just be familiar

Answer 13

• Taking a child out of the country to engage in sexual activities

a. United States citizen or alien admitted for permanent residence
b. travel in foreign commerce or reside, either temporarily or permanently, in a foreign country
c. engages in any illicit sexual conduct with another person

Question 14

18 U.S.C.A. § 2423 (d) – Transportation of minors

don’t need to memorize, just be familiar

Answer 14

• They arrange the act but are not the one to do it.

a. arrange, induce, procure, or facilitate
b. travel of a person
c. for the purpose of commercial advantage or private financial gain
d. knowing that such a person is traveling in interstate commerce or foreign
commerce for the purpose of engaging in illicit sexual conduct

Question 15

Difference between 2251 (a) and 2251 (d) (1)(b)

Answer 15

• the first is focused on victims that have already been victimized, d1 focuses on recruitment of general public

Question 16

Andy Smith emailed a girl who he knew to be 12 years old as she attended the same middle school as his step-son. In that email message, Smith convinced her to visit him at a hotel room in order to engage in sexual activities. With what crime can Smith be charged?

a. 18 U.S.C.A. § 2423 (c) – Transportation of minors in foreign commerce
b. 18 U.S.C.A. § 2423 (b) – Transportation of minors in interstate commerce
c. 18 U.S.C.A. § 2422 (b) – Coercion and enticement to engage in prostitution or illegal sexual activity
d. 18 U.S.C.A. § 1591 – Sex trafficking of a minor

Answer 16

c. 18 U.S.C.A. § 2422 (b) – Coercion and enticement to engage in prostitution or illegal sexual activity

Question 17

Bob Jones met a 13 year old boy in an internet chat room. Jones eventually convinced the boy to be filmed while engaged in oral and anal sex with several other 12-14 year old boys. Jones intended to make the film available to other people via the internet. With what crime can Jones be charged?

a. 18 U.S.C.A. § 2251 (a) – produce visual depiction of minor engaged in sexually explicit conduct.
b. 18 U.S.C.A. § 2251 (b) – parent permits minor to produce visual depiction of minor engaged in sexually explicit conduct.
c. 18 U.S.C.A. § 2251 (d)(1)(B) – make advertisement to produce visual depiction of minor engaged in sexually explicit conduct.
d. 18 U.S.C.A. § 2252 (a)(1) – transport or ship visual depiction of minor engaged in sexually explicit conduct.

Answer 17

a. 18 U.S.C.A. § 2251 (a) – produce visual depiction of minor engaged in sexually explicit conduct.

Question 18

Charles Brown had 400 images of 6 year old girls and boys lying on a bed in coy or suggestive poses. While serving in an undercover capacity you agreed to purchase 14 such images from Brown. With what crime can Brown be charged?

a. 18 U.S.C.A. § 2252A (a)(3) – reproduce to distribute child pornography
b. 18 U.S.C.A. § 2252 (a)(3) – sell or possess with intent to sell visual depiction of minor engaged in sexually explicit conduct
c. 18 U.S.C.A. § 2252 (a)(4) – Possess or access with intent to view
d. 18 U.S.C.A. § 2252A (a)(6) – distribute to a minor

Answer 18

b. 18 U.S.C.A. § 2252 (a)(3) – sell or possess with intent to sell visual depiction of minor engaged in sexually explicit conduct

Question 19

Nexus

don’t need to memorize

Answer 19

• All phones and cameras are made outside of the US. These are an instrument of the crime. These devices are produced outside of the US and affect interstate commerce and has an international nexus.

Question 20

HSI Victim Identification Program (VIP)

Answer 20

• can be used to identify victims/suspects as well as other items or things like birds chirping, sounds, area, blurry license plates.
• Uses sophisticated software and hardware products to analyze and exploit image, video and audio analysis and exploitation on child exploitation material to obtain information that identifies a victim(s), suspect(s), other depicted person(s), geographic location and/or provides a lead referral to the field for follow-up investigation.
• HSI field offices submit newly discovered, unidentified material to VIP
• Works internationally.