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FBI Claims 2,500 Percent Increase in Child Porn Arrests
Although the number of prosecutions for child pornography is small in comparison with drug and immigration offenses, child porn cases have skyrocketed according to FBI statistics.
Arrests for such crimes are up 2,500 percent since 1996, largely due to technology that allows federal investigators to download images from home computers after users have logged onto certain websites. Another reason for the increase in arrests is the five-year mandatory minimum sentence for child porn crimes that is handed out in federal prosecutions.
According to the FBI more than 10,000 arrests for child pornography have been made since 1996. As arrests go up, however, so do the chances of ensnaring people accused of child porn offenses who may be innocent victims of malware, viruses and malicious hackers. [See: PLN, Nov. 2010, p.14].
Child porn investigations are relatively inexpensive compared to other crimes, since evidence can be collected by an agent equipped with an Internet connection and peer-to-peer software used by millions of people worldwide, such as Limewire, to swap videos and other digital files. Locating child porn offenders has also been made easier due to computer technology, such as the ability to identify and track IP addresses.
Attorney Michael Whelan, who represents a child porn defendant, complained that the increased prosecutions fail to distinguish between hardcore producers of child pornography and individuals with a “bad habit” and a computer.
Some federal judges agree, partly because even first-time offenders, or offenders who only view or download images but do not produce or distribute child porn, end up serving lengthy sentences. Beyond the five-year mandatory minimum, U.S. Sentencing Commission guidelines often advise judges to impose longer prison terms than the minimum for child porn crimes.
New York U.S. District Court Judge Jack Weinstein stated that some child porn defendants who pose no risk to society need mental health treatment rather than lengthy prison sentences. Other judges have asked the U.S. Sentencing Commission for more flexibility in cases involving first-time child porn offenders.
“You must have tough penalties for child pornography – it’s a horrible offense and you have to have stiff penalties – but you should be able to look at each case individually,” said Louisiana U.S. District Court Judge Jay Zainey.
Several federal appellate courts, including the 11th Circuit, have taken a more hard-line approach, ordering child porn defendants to pay restitution to their victims when possible in addition to serving prison time and having to register as sex offenders. See: United States v. McDaniel, 631 F.3d 1204 (11th Cir. 2011).
However, the Second Circuit departed from that practice in a September 8, 2011 ruling, finding that child porn victims should not be able to recover restitution in cases where the defendant’s actions were not a proximate cause of their injuries. In that case, a victim using the pseudonym “Amy” had sought restitution in over 250 child porn cases involving defendants who had viewed her image. See: United States v. Aumais, 2nd Cir. Court of Appeals, Case No. 10-3160-cr. The Ninth Circuit reached a similar conclusion in United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011).
Advocates for victims of child pornography, including the National Center for Missing and Exploited Children, argue that such serious crimes warrant harsh penalties.
Sources: www.denverpost.com, http://abcnews.go.com, USA Today
Arrests for such crimes are up 2,500 percent since 1996, largely due to technology that allows federal investigators to download images from home computers after users have logged onto certain websites. Another reason for the increase in arrests is the five-year mandatory minimum sentence for child porn crimes that is handed out in federal prosecutions.
According to the FBI more than 10,000 arrests for child pornography have been made since 1996. As arrests go up, however, so do the chances of ensnaring people accused of child porn offenses who may be innocent victims of malware, viruses and malicious hackers. [See: PLN, Nov. 2010, p.14].
Child porn investigations are relatively inexpensive compared to other crimes, since evidence can be collected by an agent equipped with an Internet connection and peer-to-peer software used by millions of people worldwide, such as Limewire, to swap videos and other digital files. Locating child porn offenders has also been made easier due to computer technology, such as the ability to identify and track IP addresses.
Attorney Michael Whelan, who represents a child porn defendant, complained that the increased prosecutions fail to distinguish between hardcore producers of child pornography and individuals with a “bad habit” and a computer.
Some federal judges agree, partly because even first-time offenders, or offenders who only view or download images but do not produce or distribute child porn, end up serving lengthy sentences. Beyond the five-year mandatory minimum, U.S. Sentencing Commission guidelines often advise judges to impose longer prison terms than the minimum for child porn crimes.
New York U.S. District Court Judge Jack Weinstein stated that some child porn defendants who pose no risk to society need mental health treatment rather than lengthy prison sentences. Other judges have asked the U.S. Sentencing Commission for more flexibility in cases involving first-time child porn offenders.
“You must have tough penalties for child pornography – it’s a horrible offense and you have to have stiff penalties – but you should be able to look at each case individually,” said Louisiana U.S. District Court Judge Jay Zainey.
Several federal appellate courts, including the 11th Circuit, have taken a more hard-line approach, ordering child porn defendants to pay restitution to their victims when possible in addition to serving prison time and having to register as sex offenders. See: United States v. McDaniel, 631 F.3d 1204 (11th Cir. 2011).
However, the Second Circuit departed from that practice in a September 8, 2011 ruling, finding that child porn victims should not be able to recover restitution in cases where the defendant’s actions were not a proximate cause of their injuries. In that case, a victim using the pseudonym “Amy” had sought restitution in over 250 child porn cases involving defendants who had viewed her image. See: United States v. Aumais, 2nd Cir. Court of Appeals, Case No. 10-3160-cr. The Ninth Circuit reached a similar conclusion in United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011).
Advocates for victims of child pornography, including the National Center for Missing and Exploited Children, argue that such serious crimes warrant harsh penalties.
Sources: www.denverpost.com, http://abcnews.go.com, USA Today
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Related legal cases
States v. McDaniel
| Year | 2011 |
|---|---|
| Cite | 631 F.3d 1204 (11th Cir. 2011) |
| Level | Court of Appeals |
| Injunction Status | N/A |
United States v. Aumais
| Year | 2011 |
|---|---|
| Cite | 2nd Cir. Court of Appeals, Case No. 10-3160-cr |
| Level | Court of Appeals |
| Injunction Status | N/A |
United States v. Kennedy
| Year | 2011 |
|---|---|
| Cite | 643 F.3d 1251 (9th Cir. 2011) |
| Level | Court of Appeals |
| Injunction Status | N/A |