Legal Framework Flashcards
List the definition of child pornography as set out in Article 2 (c) of the EU Directive combating the sexual abuse and sexual exploitation of children and child pornography
- any material that visually depicts a child engaged in real or simulated sexually explicit conduct;
- any depiction of the sexual organs of a child for primarily sexual purposes;
- any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or
- realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes
List 5 of the criteria that ICMEC use to measure whether National Legislation is sufficient.
Definition of Child Pornography - includes clear and comprehensive definition, incudes all forms of CSAM (images, simulated images)
Age of Consent - clearly defines the age of consent for sexual activities. This is crucial for protecting minors from sexual exploitation and abuse.
Criminalization of Possession - checks that possession of CSAM, regardless of intent is explicitly criminalized
Criminalization of Production, Distribution, and Dissemination - assesses whether law criminalizes the production, distribution, dissemination, importation, exportation, offer, sale, or possession with the intent to distribute any form of child pornography.
Criminalization of Grooming - evaluates whether national legislation criminalizes the act of grooming a child for sexual purposes, including online grooming.”
What is Grooming
Grooming refers to the actions taken by an adult to form a trusting relationship with a child, with the intention of later abusing them sexually.
Section 1 of Article 5 of the Directive of the European parliament and of the council on combating the sexual abuse and sexual exploitation of children 2011, which deals with offences concerning child pornography states: Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable. List and briefly explain each of the offences described in Article 5 paragraphs 2 to 6
-Acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least 1 year.
- Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least 1 year
-Distribution, dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least 2 years.
-Offering, supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least 2 years.
-Production of child pornography shall be punishable by a maximum term of imprisonment of at least 3 years
Article 6 of the Directive of the European parliament and of the council on combating the sexual abuse and sexual exploitation of children 2011 deals with the Solicitation of children for sexual purposes. Describe in detail the offense proscribed in this article and outline a typical MO used by offenders to commit this offence
Member States shall take the necessary measures to ensure that the following intentional conduct is punishable: the proposal, by means of information and communication technology, by an adult to meet a child who has not reached the age of sexual consent, for the purpose of committing any of the offences referred to in Article 3(4) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year. Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child who has not reached the age of sexual consent to provide child pornography depicting that child is punishable.
Article 15 Paragraph 4 of the Directive of the European parliament and of the council on combating the sexual abuse and sexual exploitation of children 2011 sets out direction that member countries should enable victim identification. What do you understand by the expression “victim identification” and what measures are in place internationally to facilitate it
Member States shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Describe the offense of grooming as listed in the law of your country
In the U.S. child grooming is considered a federal offence. Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
Whoever, 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 knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life
What are LA County Laws
18 U.S.C. § 2252 criminalizes the willful possession, creation, distribution, and transportation of child pornography material. The Child Pornography Prevention Act of 1996 defines child pornography as
“any visual depiction of a minor engaging in sexually explicit conduct, whether it’s made or produced by electronic, mechanical, or other means.”
What is ICMEC
International Centre for Missing and Exploited Children
What is ICMEC’s goal
(1) exist with specific regard to child pornography;
(2) provide a definition of child pornography;
(3) criminalizes computer‐facilitated offenses;
(4) criminalize the knowing possession of child pornography, regardless of the intent to distribute;
(5) require Internet Service Providers (ISPs) to report suspected CP to Law Enforcement or
some other mandated agency
What are the 4 C’s to Classifying online risk to Children?
Content - child engages with or is exposed to potentially harmful content (Aggressive: violent, Sexual: porn, Values: Disinformation)
Contact - child experiences or is targeted by potentially harmful adult content (Aggressive: harassment, Sexual: grooming/sharing of CSAM, Values: ideological persuasion)
Conduct - child witnesses participates in or is a victim of potentially harmful peer conduct (Aggressive: bullying/trolling, Sexual: non-consensual messaging, Values: potentially harmful user communities)
Contract - child is party to or exploited by potentially harmful contract (Aggressive: ID theft/scams, Sexual: trafficking/getting paid for CSAM, Values: gambling/micro-targeting)
