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Journal articles on the topic 'Child pornography'
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Pitaksantayothin, Jompon. "A Comparative Study of Child Pornography Laws in the Republic of Korea and in Thailand against the Background of International Legal Frameworks." Comparative Law Review 29 (December 4, 2023): 123–50. http://dx.doi.org/10.12775/clr.2023.005.
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Child pornography is almost universally condemned as a form of child sexual abuse and exploitation. Consequently, child pornography is prohibited in many countries. In response to the pervasiveness of child pornography, the United Nations and the Council of Europe have adopted international legal frameworks to criminalize the production, distribution, and possession of child pornographic materials. At present, both the Republic of Korea (South Korea) and Thailand have their own criminal laws against child pornography. The purpose of this article is to present a comparative analysis of the child pornography laws in these two Asian nations against the background of these international legal frameworks to evaluate the extent to which the Korean and Thai child pornography laws are in line with them.
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Rantjalobo, Stanzanusa, Nur Azisa, and Maskun Maskun. "PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PORNOGRAFI ANAK DALAM HUKUM POSITIF INDONESIA." Gorontalo Law Review 7, no. 1 (April 30, 2024): 137. http://dx.doi.org/10.32662/golrev.v7i1.2908.
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Crimes of child pornography in Indonesia are becoming increasingly widespread and increasingly worrying. This is caused by the negligence of parents who do not supervise and provide education to children about the dangers of using the internet. So that this provides an opportunity for perpetrators of child pornography to commit all forms of unlawful acts against children as the target of perpetrators in creating child pornographic content so that the actions caused by the perpetrators must be accounted for according to the legal provisions set by the government. Even though the policies on the Pornography Law, the ITE Law, the Child Protection Law, and the Criminal Code have been stipulated by the government, it turns out that these policies are still not optimal in protecting Indonesian children from pornography crimes. This is because the concept of criminal responsibility in Indonesian positive law still uses the determination of the ability to be responsible in determining mens rea/the inner attitude of perpetrators of child pornography crimes. In addition, child pornography crimes are special crimes (Lex Specialis) so that child pornography liability needs to be studied whether child pornography crimes in the concept of criminal liability are regulated in special provisions or return to general provisions. So from these problems it is necessary to formulate the concept of criminal responsibility in Indonesian positive law, especially in dealing with perpetrators of child pornography, in order to suppress the rapid growth of these crimes and protect Indonesian children from perpetrators of child pornography.
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Lestari, Lely, Endah Dwi Nurhayati, Fiska Maulidian Nugroho, and Y. A. Triana Ohoiwutun. "Putusan Pemidanaan dalam Perkara Tindak Pidana Membantu Menyediakan Pornografi Anak: Studi Putusan PN Bandung." Rechtenstudent 4, no. 1 (April 30, 2023): 78–92. http://dx.doi.org/10.35719/rch.v4i1.223.
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Pornography is an act that causes anxiety and concern for the community. Viewing pornographic videos is increasingly accessible, both through print and electronic media. The development of media with pornographic elements has increased the existence of pornographic crimes among the public. The definition of a pornographic crime is an immoral act related to sex in the form of a picture, sketch, photograph, writing, video or through other media shown in public which violates the norms of decency in society. This study aims to, firstly, analyze the suitability of the Bandung District Court's decision number 517/Pid.Sus/2018/Pn.Bdg regarding the crime of assisting in providing child pornography based on trial facts. Second, analyzing the imposition of weighting for criminal law subjects that are specific in nature. This research method uses normative juridical research methods with statutory and conceptual approaches. The conclusions obtained are, firstly the Judge in his ruling stated that the defendants were proven guilty of committing the crime of helping to provide child pornography which was not in accordance with the facts of the trial as seen from the testimony of witnesses and the testimony of the defendant and in that decision the victim was a child so the actions of the defendants were more in line with the crime allowing children to commit obscene acts, therefore the punishment is heavier than the Pornography Law. Second, the Pornography Law does not regulate the burden of criminal penalties for special criminal law subjects such as those closest to the victim. When compared with the Child Protection Act, this regulates criminal sanctions for legal subjects of special criminal offenses with an additional 1/3 (one third) of the threat of the article. So the punishment for those closest to the child is more severe than for other people who are not the closest person to the child victim.
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Škulić, Milan. "KRIVIČNOPRAVNA REAKCIJA NA DEČIJU PORNOGRAFIJU/PORNOGRAFIJU MALOLETNIH LICA - PLASIRANU/NASTALU ZLOUPOTREBOM RAČUNARSKE MREŽE/KOMUNIKACIJE DRUGIM TEHNIČKIM SREDSTVIMA." Journal of Criminology and Criminal Law 60, no. 2 (June 2022): 9–57. http://dx.doi.org/10.47152/rkkp.60.2.1.
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In the article are explained the basic characteristics of the criminal law reaction to child pornography, i.e. pornography of minors/juveniles, especially when it is realised using appropriate so-called high technology, which boils down to the misuse of a computer network or communication by other technical means. In the paper are presented the concept of pornography in the criminal law point of view, and author analyses the key normative characteristics of the criminal offense of showing, obtaining and possessing pornographic material and exploitation of a minor for pornography, (Article 185 of the Criminal Code of Serbia). The author also pays significant attention to comparative criminal law, explaining the basic characteristics of child pornography/juvenile pornography in German criminal law and in the criminal law of the United States.
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Gillespie, Alisdair A. "Child pornography." Information & Communications Technology Law 27, no. 1 (October 25, 2017): 30–54. http://dx.doi.org/10.1080/13600834.2017.1393932.
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Hessick, Carissa Byrne. "The Expansion of Child Pornography Law." New Criminal Law Review 21, no. 3 (2018): 321–44. http://dx.doi.org/10.1525/nclr.2018.21.3.321.
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This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term “child pornography” well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a person finds an image of a child to be sexually arousing, then these laws can subject that individual to punishment, even though the image would have been perfectly innocuous had it been possessed by someone else.
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Demedyuk, Serhii V., and Tetyana S. Demedyuk. "НЕБЕЗПЕЧНИЙ ПОРНОГРАФІЧНИЙ КОНТЕНТ В ІНТЕРНЕТІ ЯК ПРОЕКЦІЯ РОЗЛАДІВ ОСОБИСТОСТІ РОЗПОВСЮДЖУВАЧА ДИТЯЧОЇ ПОРНОГРАФІІ." Information Technologies and Learning Tools 68, no. 6 (December 27, 2018): 278. http://dx.doi.org/10.33407/itlt.v68i6.2582.
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The article reveals the issues of danger to Internet users from pornographic content, which is defined as a specific activity projection of a personality deviation of the distributor of child pornography. An analysis of reference sources indicates that the cognitive sphere of child pornography distributor in information networks distincts from those with pedophilic inclinations may be sufficiently developed and should be reflected in the destructive tendencies of their personal dynamics and actions in a specific way. The object of the article is to identify the specifics of information-dangerous pornographic content on the Internet as a projection of personality deviation of the ICT user who produces and distributes child pornography. In the course of the empirical study it was used the semantic analysis techniques of the findings of forensic psychiatric examinations towards those who depraved minors, as well as those who decoyed minors, produced and distributed child pornography in the Internet. Quantitative indexes of psychological variables were established in accordance with nominative and order scales. Empirical data was processed using nonparametric statistical methods. The studies research has been found that ICT user who depraves minors, produces and distributes child pornography in the Internet, along with the necessary development of intelligence, cognitive abilities and sufficient self-organization of cognitive processes is capable of a progressive disintegration of value-motivational sphere with a sharp increase in selfish consumer motives and conscious systematic contempt for social values. It is proved that such persons’ confrontation of development processes and increasing of destruction at the level of personality structure lead to a significant increase of psychic tension, nervous prostration, progression of neurotic disorders, and increase of repetition offenses. It is noted that information-dangerous pornographic content created and distributed by ICT users on the Internet is emotion-laden, seductive, obtrusive, causing the obsessive attention of the observer, and also tends to extension in future.
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Steel, Chad M. S., Emily Newman, Suzanne O’Rourke, and Ethel Quayle. "Public Perceptions of Child Pornography and Child Pornography Consumers." Archives of Sexual Behavior 51, no. 2 (January 6, 2022): 1173–85. http://dx.doi.org/10.1007/s10508-021-02196-1.
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AbstractUnderstanding the public’s perceptions of child pornography helps identify gaps in awareness and knowledge, impacts legislative decision making, quantifies stigmatization, and provides a baseline for identifying differences between lay and offender populations for clinical purposes. This research provides a comprehensive public survey assessing these issues. An Internet-based sample of 524 adults (mean age = 47 years, 51% female) within the USA were asked about their understanding and beliefs related to child pornography and individuals who view child pornography. The questions covered three topic areas—general perceptions of child pornography, endorsement of child pornography beliefs, and opinions related to the legality of various forms of child pornography as well as the decision making related to sentencing and sex offender registration for child pornography consumers. The research found that the public viewed these offenses as more severe than most other crimes and that there was an overestimation by the public of risks related to recidivism and contact offending. Additionally, the research found that there was support for most of the current sentencing guidelines in the USA, including sex offender registration, and that there was limited support for treatment over incarceration.
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Prameswari, Zendy Wulan Ayu Widhi. "Prohibition of Child pornography: Enhancing Child Protection in Indonesia." Yuridika 35, no. 3 (September 1, 2020): 677. http://dx.doi.org/10.20473/ydk.v35i3.16626.
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As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44/2008 on Pornography was enacted. With regard to the widespread distribution and accessibility of child pornography through the Internet, Indonesia also has Law Number 11/2008 and its revision on Electronic Information and Transaction. At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, in 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC). However, based on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC. This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issues of Indonesian respective national law with the OPSC. On the basis of the findings, the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.
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Saputra, Muhammad Firman Aji, Sherly Allsa Siregar, and Zahra Nabila Izdihar. "Social effects of digital pornography." Bulletin of Social Informatics Theory and Application 1, no. 2 (November 19, 2018): 79–85. http://dx.doi.org/10.31763/businta.v1i2.42.
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Emerging technology will provide benefits for users. Especially with the presence of the internet will make technology more perfect. On the one hand, technology and the internet provide benefits, on the other hand can also give a negative impact for users, one of which is the rise of pornographic content on the internet or often called cyberporn. With the internet, pornography can be obtained easily. That's because the producers of pornographic content think that the internet is the most optimal marketing medium. The presence of pornography has occurred pros and cons in various countries. In Indonesia, it is strictly prohibited because it can damage the morale of the next generation of the nation. In addition, pornography is something very addictive to humans that will eventually happen in various things. In fact, porn addiction is more severe addictive substance addiction than psychotropic. Some efforts that can be done to minimize the pornography deal either by the government of Indonesia, family, or other related parties are making laws that regulate pornography, blocking pornographic sites, providing early childhood sex education, and the role of parents in child supervision.
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Zeitlin, Harry. "Editorial: Child pornography." Medico-Legal Journal 88, no. 3 (May 19, 2020): 113. http://dx.doi.org/10.1177/0025817219898152.
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Penfold, Carolyn. "Child Pornography Laws." Alternative Law Journal 30, no. 3 (June 2005): 123–40. http://dx.doi.org/10.1177/1037969x0503000306.
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Friedman, Ian N., and Kristina W. Supler. "Child Pornography Sentencing." Federal Sentencing Reporter 21, no. 2 (December 1, 2008): 83–89. http://dx.doi.org/10.1525/fsr.2008.21.2.83.
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Knyzhenko, І. О. "Forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunications systems or technologies." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 227–31. http://dx.doi.org/10.24144/2788-6018.2022.03.41.
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The article is devoted to the forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunication systems or technologies. This type of criminal offenses is classified as complex methods. The components of criminal technology are: obtaining access to child pornography, its acquisition, storage, importation, transportation or other movement, production, sale and distribution (Article 301-1 of the Criminal Code of Ukraine); rape (Article 152 of the Criminal Code of Ukraine); committing acts of a sexual nature with a person who has not reached the age of sixteen (Article 155 of the Criminal Code of Ukraine); sexual violence (Article 153 of the Criminal Code of Ukraine); corruption of minors (Article 156 of the Criminal Code of Ukraine); human trafficking (Article 149 of the Criminal Code of Ukraine).
Girls aged 9 to 13 were most often involved in the creation of sexual content. Criminals take advantage of the vulnerable state of children, caused by the fact that they have not yet formed sexual identification, hierarchy of motives, moral consciousness and self-awareness. In more than 90% of cases, the investigated crimes were committed with the participation of persons close to the child. Such criminal offenses are committed for sexual and selfish motives. Consumers of pornographic content have a sexual motive. The creation and distribution of content containing child pornography using information and telecommunication systems or technologies is most often committed by organized criminal groups for selfish motives, which have a clear hierarchical structure: the organizer; recruiters; directors; performers; distributors of pornographic content.
Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies.
The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.
Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies.
The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.
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Steel, Chad M. S. "Web-Based Child Pornography." International Journal of Digital Crime and Forensics 1, no. 4 (October 2009): 58–69. http://dx.doi.org/10.4018/jdcf.2009062405.
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While the supply of child pornography through the World Wide Web has been frequently speculated upon, the demand has not adequately been explored. Quantification and qualification of the demand provides forensic examiners a behavioral basis for determining the sophistication of individual seeking child pornography. Additionally, the research assists an examiner in searching for and presenting the evidence of child pornography browsing. The overall search engine demand for child pornography is bounded as being between .19 and .49%, depending on the inclusion of ambiguous phrases, with the top search for child pornography being “lolita bbs”. Unlike peer-to-peer networks, however, the top child pornography related query ranks only as the 198th most popular query overall. The queries on search engines appear to be decreasing as well, and the techniques employed are becoming less reliant direct links to content.
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Hardani, Rika, Dwi Hastuti, and Lilik Noor Yuliati. "Pornography Behavior of Junior High School Student." Journal of Child Development Studies 3, no. 1 (April 30, 2018): 15. http://dx.doi.org/10.29244/jcds.3.1.15-27.
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<p> </p><p> </p><p><strong>Abstract.</strong> The purpose of research is to identify the pornography behavior ofJunior High School student. We used cross-sectional study as research design. Locations were taken by purposive in South Tangerang city conducted in four junior high school. Schools were selected purposively based on the recommendation of the Ministry of Education in South Tangerang. Participants used are 600 children, boys 278 and girls 322 children. Data were collected by questionnaires filled out by participants.</p><p>The pornography behavior of junior high school student that have been studied are viewing pornographic web, reading books or comics that contain pornographic pictures, hearing or saying things porn, think of things related to pornography. This study also want to know the things that encourage the child to thepornographic behavior and the diference pornography behavior between boys and girls.</p><p>The results showed that the behavior of pornography on boys is higher than girls. The pornography behavior on boys and girls there are no statistically significant differences (p value = 0:03 *, p <0.05).</p><p><em>Key words :pornography behavior, junior high school student, internet influence</em></p>
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Dr. MURUGAN RAMU, Mrs NIRANJANA K,. "A STUDY ON CYBER CHILD PORNOGRAPHY." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6519–28. http://dx.doi.org/10.17762/pae.v58i2.3185.
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This article details about cyber child Pornography, Pornography is not only an emerging issue in India but also over all the worlds. A worst and adverse effect of the technology can be seen in this era. The word pornography is defined as “writing, photographs, movies etc. intended to arouse sexual excitement.” The objectives of the research paper: to study about pornography and its adverse impact on society and to critically analyze whether pornography is violence in media with reference to legal issues and challenges on pornography in India. The research has used empirical methodology, it has been proceeded with a method of random sampling. The article has also dealt with various issues and challenges of cyber child pornography in India. One third of the internet is covered by porn-sites which are leading to exploitation oppression of women and children. While nobody will take into account himself or herself proof against the corrupting effects of creation and violence or safe from injury at the hands of these acting underneath their influence, the young and therefore the immature ar particularly vulnerable and therefore the presumably to be victimized. Through this article researcher highlights about pornography, and the public opinion about cyber child pornography and the existing laws to prevent. Findings and conclusion Researcher emphasizes through this article the adverse impact of it on society, children and women and recommended strong control of law over it because there is a increasing rate of children in pornography and media been used a forum to expand. So, there must be stringent to combat cyber child pornography.
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Franjić, Siniša. "Child Pornography Is Showing Participation a Person Under the Age of 18 in Sexual Intercourse." Studies in Law and Justice 2, no. 1 (March 2023): 39–45. http://dx.doi.org/10.56397/slj.2023.03.05.
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Child pornography means any video or image showing a person under the age of 18 engaging in sexual intercourse, showing the genital or anal area of a person under the age of 18 for sexual reasons, or any document supporting sexual intercourse with minors. Child pornography is among the most widespread forms of crime on the Internet. Child pornography is spread by pedophiles to create a personal collection, exchange material with other pedophiles, or create new material and child prostitution. Child pornography is illegal in most world jurisdictions. Convictions for possession of child pornography also usually include prison sentences, but these sentences often translate into suspended sentences for perpetrators.
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Burgess, Ann Wolbert, and Carol R. Hartman. "Child Abuse Aspects of Child Pornography." Psychiatric Annals 17, no. 4 (April 1, 1987): 248–53. http://dx.doi.org/10.3928/0048-5713-19870401-08.
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Smid, Wineke, Klaartje Schepers, Jan Henk Kamphuis, Sabine van Linden, and Sarah Bartling. "Prioritizing Child Pornography Notifications." Sexual Abuse: A Journal of Research and Treatment 27, no. 4 (February 3, 2014): 398–413. http://dx.doi.org/10.1177/1079063213514453.
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Schlebaum, Anne. "Child pornography—An investigation." Child Abuse & Neglect 16, no. 6 (November 1992): 916–17. http://dx.doi.org/10.1016/0145-2134(92)90093-7.
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Syafitri, Faradella, and H. R. Adianto Mardijono. "PERLINDUNGAN HUKUM BAGI KONSUMEN YANG BELUM CAKAP TERHADAP PLAY MUSIC DALAM BENTUK VIDEO KLIP DEWASA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 2 (August 30, 2022): 270–79. http://dx.doi.org/10.53363/bureau.v2i2.34.
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Pornography is a bad intake for children's development, especially in video clips consumed by children as a form of sexual exploitation, so that protection of children needs sufficient attention. Allowing children to access sites that contain pornography will have a major impact on the child's development process. The purpose of this study is to find out what forms of legal protection are applied to children who consume sites that contain pornography. The research method uses normative research methods. The technical analysis of legal materials in this study uses qualitative analysis. Based on the results of the study, the form of legal protection for children who use pornography is to provide a sense of security, security and welfare for the child by providing special protection to children so that bad habits and mental health are not disturbed. Protect children who value pornography over rehabilitation . Efforts that can be made by parents as the closest people, government and society to prevent the occurrence of bad habits committed by children who consume pornography, namely as parents are obliged to give directions to children which actions are not allowed which are not permitted, often taking children to go recite the Koran so that the child can be busy with good things, hold seminars, appeals or socialization to the community so that the protection of children from cases related to pornographic sites is not spread to the younger generation for the nation's successors and can be done by various means of prevention
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Niken Meilani, Nanik Setiyawati, and Sammy Onyapidi Barasa. "FACTORS RELATED PORNOGRAPHIC ACCESS BEHAVIOUR AMONG HIGH SCHOOL STUDENTS IN YOGYAKARTA, INDONESIA." Malaysian Journal of Public Health Medicine 20, no. 2 (October 1, 2020): 123–30. http://dx.doi.org/10.37268/mjphm/vol.20/no.2/art.801.
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Adolescent have high sense of curiosity but lack opportunity to obtain information and knowledge about reproductive health. Lack of parental support in providing knowledge about sexuality and reproductive health causes them to seek alternative sources of information such as from friends and the internet where they end up accessing pornography. This study aims to analyze the relationship between gender, attitudes about virginity, dating, adolescents’ level of knowledge on reproductive health, parents’ education level as well as parent-to-child communication on reproductive health with pornographic access behavior in high school students in Yogyakarta, Indonesia. We purposively selected370 high school students aged 17-18 years old living with their parents. . The questionnaire was tested for validity and reliability. The chi square analysis showed that there was a significant relationship between gender, attitudes about man virginity, woman virginity and dating, mother's education level, father's education level and mother-child communication about reproductive health with pornographic access behavior (p-value <0.05). There is no relationship between the level of knowledge about adolescent reproductive health and communication between father and child about reproductive health with pornographic access behavior (p-value >0.05). The most significant factor that influenced the behavior of access to pornography is mother-to-child communication on reproductive health (p-value 0.003; PR 2.941; CI 95% 1.459-5.928). Improved communication between the mother and child about reproductive health will have a positive impact on reducing the amount of pornographic access by high school students.
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Kopyova, Iryna Anatoliivna. "Qualification of child sexting, sextorsion and online grooming." Herald of the Association of Criminal Law of Ukraine 2, no. 16 (December 20, 2021): 209–22. http://dx.doi.org/10.21564/2311-9640.2021.16.244349.
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Some characteristics of actus reus of Art. 3011 and of Art. 1561 of the Criminal Code of Ukraine are analyzed. The characteristics of sexting and sextorsion, the subject matter of which is child pornography, and online grooming are revealed. If the participant in the child sexting is an adult who received from the child through a means of communication its image in a sexually explicit manner, his actions must be assessed as the production of child pornography (part 3 of Art. 3011 of the Criminal Code) and its storage (part 1 or 2 of Art. 3011 of the Criminal Code depending on the absence or presence of the purpose of selling or distribution). In this case, the adult participant in the sexting uses a child who photographs or shoots himself in a sexually explicit manner as a «tool» for the production of child pornography. If the participant in the child sexting is a minor (who has reached the age of 16), the responsibility for such acts arises only if he has the purpose of selling or distribution child pornography. If an adult participant in sexting has the purpose to obtain an image of a child in a sexually explicit manner and then threatens to sell or distribute it in order to obtain new such images, then there is a sextorsion that should be qualified as the production of child pornography (part 3 of Art. 3011 of the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of the Criminal Code) and forcing a minor under-18s or under-14s to participate in the creation of child pornography (part 3 or 4 of Art. 3011 of the Criminal Code). If the purpose of the sextorsion is to meet with the child online or in real life to commit any sexual or lewd acts with him or to involve the child in the production of child pornography, such sextorsion should be qualified as the production of child pornography (part 3 of Art. 3011 of the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of the Criminal Code) and depending on the stage of the sextorsion: or as preparation for harassment of a child for sexual purposes, or as an attempt to commit a criminal offense, or as a completed harassment (Art. 1561 of the Criminal Code). Building a trusting relationship by adult with a child on the Internet for a future meeting with the purpose to committing any sexual or lewd acts against him or involving him in the production of child pornography constitutes online grooming and should qualify as preparation for harassment of a child for sexual purposes. Key words: child pornography, sexting, sextorsion, online grooming.
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Exum, Jelani Jefferson. "What's Happening with Child Pornography Sentencing?" Federal Sentencing Reporter 24, no. 2 (December 1, 2011): 85–86. http://dx.doi.org/10.1525/fsr.2011.24.2.85.
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Guest editor Jelani Jefferson Exum introduces this issue of Federal Sentencing Reporter, which focuses on federal child pornography sentencing. Acknowledging the timeliness of discussing the current state of and future possibilities for child pornography sentencing, the editors of Federal Sentencing Reporter recruited submissions from those working on and thinking about this particular sentencing topic. This issue of FSR contains commentary that engages in many different angles of the child pornography sentencing debate—from the demographic of offenders, to the judicial approach to sentencing, to specifics about the Guidelines, and even to post-release issues—and covers the many problematic aspects of child pornography sentencing. Readers not only will be informed about the particularities of the sentencing process for these offenses but also will be invited to ponder (and perhaps question) the possible consequences and effects of the current posture of sentencing federal child pornography offenses.
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Itok Dwi Kurniawan. "Analysis of Special Legal Protection for Children Who Are Victims of Pornographic Crimes." JURNAL ILMIAH RESEARCH STUDENT 1, no. 4 (March 9, 2024): 319–22. http://dx.doi.org/10.61722/jirs.v1i4.1077.
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This research aims to determine the legal protection efforts specifically provided to children who are victims of pornography crimes. Indonesian positive law in Law Number 35 of 2014 concerning Child Protection has provided special forms of protection for children which are oriented towards realizing the best interests of the child. This article was written using normative legal research methods with a statutory approach. Collection of legal materials is carried out by literature study of primary legal materials and secondary legal materials. The results of this research are that a special form of protection for child victims of pornography crimes is to provide recovery, especially in psychological aspects based on restorative justice. The aim and purpose of this recovery is so that children can live their lives as before without the trauma and pressure of being victims of pornographic crimes.
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Wells, Melissa, David Finkelhor, Janis Wolak, and Kimberly J. Mitchell. "Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession1." Police Practice and Research 8, no. 3 (July 2007): 269–82. http://dx.doi.org/10.1080/15614260701450765.
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McLelland, Mark. "Young people, online fandom and the perils of child pornography legislation in Australia." International Journal of Cultural Studies 22, no. 1 (April 23, 2017): 102–18. http://dx.doi.org/10.1177/1367877917704927.
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In 1971 the editors of Oz magazine were prosecuted for obscenity in a London courtroom for their infamous ‘School Kids Issue’, almost the entire contents of which had been created by a team of young people. In today’s Web 2.0 environment, similar kinds of content to that featured in the magazine is created by young people and made ubiquitous on fan websites. In particular ‘manips’ (manipulated images) of all kinds of pop culture heroes from boy band members to characters from Harry Potter are inserted into pornographic contexts. Whereas in the 1970s it was obscenity legislation that was used to restrict this form of cultural commentary, today child pornography legislation can be used to capture this content. I argue that changes to child pornography laws across the western world in the last two decades have resulted in the capture of even fictional images that are or may only ‘appear to be’ a person under the age of 18, rendering some aspects of online youth culture problematic. The ‘juridicial discourse’ that increasingly collapses a complex range of cultural representations into the category of child pornography is a cause for concern for all academics working on online youth cultures and for the young people involved.
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Primack, Alvin J. "Youth sexting and the First Amendment: Rhetoric and child pornography doctrine in the age of translation." New Media & Society 20, no. 8 (November 16, 2017): 2917–33. http://dx.doi.org/10.1177/1461444817737297.
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Sexting has become a common mode of communicative sexual expression in the United States. Youths who sext with their peers are sometimes charged for the crime of producing and distributing child pornography. Such charges are inconsistent with the intent of American child pornography law, which is to protect children from abuse and exploitation. Understanding sext messages as a type of media content, this essay offers rhetorical translation as one strategy for identifying resources in Supreme Court doctrine to help distinguish between youth sexts and child pornography. Through rhetorical translation, this manuscript finds resources in four opinions concerning child pornography and the First Amendment for distinguishing sexting from child pornography. These distinctions pertain to how the two types of media are produced and distributed as demonstrated in a three-part interpretive model: motive and consent, privacy and consent, and market.
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Drăgan, Alin Teodorus. "Child Pornography and Child Abuse in Cyberspace." Journal of Legal Studies 21, no. 35 (June 1, 2018): 52–60. http://dx.doi.org/10.1515/jles-2018-0004.
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Abstract In the course of time, it has been demonstrated that the Internet is a vulnerable system, and this aspect, combined with the advantages it offers (storage, processing and transmission of huge amounts of data, accessibility, ease of use, distance-independence, the possibility of applications in the business field), have resulted in a favourable context for criminal activities, triggering the emergence of a new criminal phenomenon - cybercrime.
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Kholisoh, Nur, Rajab Ritonga, and Melly Ridaryanthi. "The Analysis of Urban Adolescents’ Reception of Pornography on Social Media." Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia 7, no. 2 (December 24, 2022): 368–76. http://dx.doi.org/10.25008/jkiski.v7i2.773.
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There are many pornographic sites on social media nowadays. In 2018, The Indonesian Child Protection Commission found that 91.58% of 6,000 adolescents had been exposed to pornography. Adolescents are those in the age group that is very vulnerable to the effects of pornography. This study aims to identify and examine urban adolescents’ reception of pornography on social media. The selection of urban adolescents as research objects was because they have easier access to social media than other age groups. The sample of this research was taken from adolescents in DKI Jakarta and Surabaya considering that these two cities are among the six cities with the highest number of adolescents in Indonesia. This study uses the reception theory presented by Stuart Hall who suggests that audiences can play an active role in decoding messages. In addition, this study employs a constructivist paradigm with a qualitative approach. The method used was the reception analysis which focuses on production, text, and audience in a framework that can be utilized to analyze the relationship of each element. The informants in this study were adolescents in DKI Jakarta and Surabaya who were aged between 15 and 19 years. Informants' preference was conducted purposively by considering variations based on social and cultural context backgrounds. The results showed that all the informants had watched pornography on social media, either intentionally or not. In addition, four out of ten informants are in an Oppositional Position for rejecting messages conveyed in pornographic broadcasts on social media. Meanwhile, six other adolescents are in a Negotiated Position, where they disagree with pornography on social media but can accept the meaning of pornography because it satisfies their curiosity.
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Ryzhov, Valerii Borisovich. "Cooperation of the EU member-states for the prevention of sexual abuse of children and child pornography." Международное право и международные организации / International Law and International Organizations, no. 2 (February 2021): 77–91. http://dx.doi.org/10.7256/2454-0633.2021.2.35484.
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This article reviews the legal framework, as well as the current state and prospects for expanding cooperation between the EU member-states in fight against sexual abuse and exploitation of children. Protection of children from sexual exploitation and countering the spread of child pornography is on the agenda of the EU member-states. Conceptual analysis is conducted on the content of fundamental international normative legal acts that regulate the issues of protection of children from sexual abuse and exploitations. Attention is also focused on preventing the spread of child pornography through modern information technologies. The author underlines the need to improve the designated normative legal framework in the sphere of ensuring the information security of the minors on the Internet. The important role of the United Nations in establishing the policy for combating sexual exploitation of minors and sale of pornographic products that involve children is indicated. It is claimed that in modern world, the international cooperation, including the issues of crime prevention, is the foundation of ensuring human rights, freedoms, and security in various spheres of social. The author makes recommendations on the development of the key directions for consolidating the efforts of the EU member-states in fight against sexual exploitation of children and the spread of child pornography.
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Pavlenko, Irina, and Valentina Egorova. "Online Child Pornography: Problem Overview and Global Trends in Counteraction." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 133–43. http://dx.doi.org/10.17150/2500-4255.2021.15(1).133-143.
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The authors discuss the online dissemination of child pornography. The authors analyze this phenomenon in the contemporary world and state that such crimes are large-scale and occur on all territories. At the same time, the authors claim that modern criminology does not have any special research methods of monitoring cyber-crimes in general, or online child pornography specifically. They note that research cannot keep up with the rapid pace of information and telecommunication technologies' progress and that criminological research in this sphere is lagging behind. Applying the comparative method, the authors studied the criminalization of the online dissemination of child pornography in national legislations of different countries. It is stated that national legislations contain various tasks of counteracting the spread of online child pornography, ranging from the criminalization of this phenomenon to the improvement of the technical means of countering it. It is suggested that such a divergence of tasks is connected with the social, economic and technological development of different countries. The use of systemic analysis made it possible to specify key trends in counteracting the analyzed phenomenon. One of them is the replacement of the term «child pornography» in normative documents by the term «sexual violence against children». Violence is a constructive feature of child pornography. The authors explain he grounds for such a replacement. They describe the methods of counteracting the spread of online child pornography used in different countries, and suggest conditionally dividing them into normative, organizational and technical ones. It is noted that NGOs and international organizations play a significant role in countering the dissemination of online child pornography. The authors outline the most relevant prospects of international cooperation in countering the sexual exploitation of children, the key of which is more active interaction between states, including interaction under the auspices of international organizations.
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Gupta, Sumedha. "Child Pornography and Internet Subcultures in India - A Legal Perspective." Journal of Law and Sustainable Development 12, no. 1 (January 22, 2024): e2997. http://dx.doi.org/10.55908/sdgs.v12i1.2997.
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Objectives: The primary objective of this study is to shed light on the pervasive issue of child pornography on the internet and its detrimental impact on children globally. The research aims to investigate the rise of child pornography online, emphasizing its role in the sexual exploitation and misuse of children. Through a comprehensive analysis, the study seeks to uncover the various dimensions of this disturbing phenomenon.
Methods: To achieve the stated objectives, the research employs a multifaceted approach. The study begins by exploring the enthusiastic engagement of children with the internet, emphasizing their use for learning, play, and communication. Subsequently, the dark aspects of cyberspace are examined, focusing on the prevalence of child pornography and its potential physical consequences. The second half of the paper delves into an investigation of legislative measures and government initiatives in India designed to combat child pornography.
Results: The findings of this study reveal a concerning reality regarding the proliferation of child pornography as a thriving business with far-reaching consequences for children worldwide. The results highlight the urgent need to address the issue comprehensively, considering the intersection of technology, legislation, and societal awareness. Additionally, the study provides insights into the effectiveness of specific governmental initiatives in India, contributing to a broader understanding of the challenges and opportunities in combating child pornography.
Conclusion: In conclusion, while acknowledging the efforts made by legislative measures and government initiatives in India, this study discusses the limitations of current Indian law in effectively tackling the issue of child pornography. The conclusion emphasizes the necessity of addressing gaps in the legal framework and proposes specific measures to enhance the prevention of child pornography in India. Overall, the study advocates for a comprehensive and proactive approach to safeguarding children in the digital age, considering both national and international perspectives.
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Amsori, Amsori, and Debby Rizky Isnia. "LEGAL PROTECTION AGAINST CHILDREN ONLINE PORNOGRAPHIC CRIME OBJECTS BASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 44 OF 2008 CONCERNING PORNOGRAPHY." IBLAM LAW REVIEW 1, no. 01 (January 31, 2021): 25–42. http://dx.doi.org/10.52249/ilr.v1i01.2.
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The issue of legal protection for children who are the object of crime in Indonesia is very important because they are the future generation of the nation. One of the threats to children is the influence of online pornography, where the online world is now common to society. So that the public knows whether the state has made efforts to provide legal protection for children who are objects of online pornography crimes through the Pornography Law and to find out the extent to which the Pornography Law is used as a reference to get legal protection from perpetrators of online pornography crimes. In this research, it is analyzed juridically with deductive explanation regarding the provisions contained in the Law on Pornography in relation to the legal protection of children as objects of pornography crimes. It was found that since the early part of the Pornography Law has shown the spirit of legal protection for children starting from the definition of age limits categorized as children, the purpose of the law which clearly contains the words to protect children, to criminal provisions that stipulate an additional sentence of one third of the maximum a criminal threat if the pornographic crime involves a child. In decision Number 1363 / Pid.Sus / 2017 / PN JKT.SEL, the Pornography Law is mentioned as a reference in the ruling other than the Law on Electronic Information and Transactions, however in imprisonment and fines in the verdict it does not indicate that what was used is a criminal provision in the Pornography Law. In fact, according to the Criminal Code, if there are different rules, the heavier the criminal provisions are used. From the foregoing, it can be seen that the Pornography Law is here to answer the need for legal protection for children as objects of online pornography crimes. Then, criminal decisions related to pornography crimes should consistently refer to the Pornography Law in order to play an optimal role in preventing similar crimes from recurring and ensuring legal protection for children.
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Eke, Angela W., L. Maaike Helmus, and Michael C. Seto. "A Validation Study of the Child Pornography Offender Risk Tool (CPORT)." Sexual Abuse 31, no. 4 (March 29, 2018): 456–76. http://dx.doi.org/10.1177/1079063218762434.
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The Child Pornography Offender Risk Tool (CPORT) is a seven-item structured tool to assess the likelihood of future sexual offending over a 5-year fixed follow-up. The current study examined 5-year fixed follow-up data (15% any new sexual offense, 9% any new child pornography offense) for a validation sample of 80 men convicted of child pornography offense(s). Although statistical power was low, results were comparable with the development sample: The CPORT had slightly lower predictive accuracy for sexual recidivism for the overall group (area under the curve [AUC] = .70 vs. .74), but these values were not significantly different. Combining the development and validation samples, the CPORT predicted any sexual recidivism (AUC = .72) and child pornography recidivism specifically (AUC = .74), with similar accuracies. CPORT was also significantly predictive of these outcomes for the child pornography offenders with no known contact offenses. Strengths and weaknesses of incorporating CPORT into applied risk assessments are discussed.
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Rosicki, Remigiusz. "The Substantive Criminal Aspects of the Offence of Simulated Child Pornography under Polish Law." Applied Cybersecurity & Internet Governance 1, no. 1 (October 30, 2022): 1–11. http://dx.doi.org/10.5604/01.3001.0016.0690.
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The objective scope of the research problem concerns the content and sense of the elements characterising one of the types of child pornography, criminalised under Art. 202 §4b of the Criminal Code, i.e. simulated child pornography. This offence is understood as producing, disseminating, presenting, storage and possession of pornographic material presenting a generated or processed image of a minor participating in sexual activity. The main goal of the text is to perform a substantive criminal analysis of the act criminalised under Art. 202 §4b of the Polish Criminal Code. The scope of the analysis has been elaborated with the following research question concerning the degree of effectiveness: To what degree is the legal solution concerned with criminalisation and penalisation of the activities of »production, dissemination, presentation, storage or possession of pornographic material presenting a generated or processed image of a minor participating in sexual activities« effective and realises the ratio legis intended by the legislator? The analysis of the problem has been performed with the aid of chiefly institutional and legal approach in the form of textual, functional and doctrinal interpretations, which have been supplemented with the author’s own conclusions and opinions.
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Anggraini, Dini Widhya, and Netrawati Netrawati. "Relationship between Self-Control and Pornography Addiction in Children who Experience Sexual Deviations in the City of Padang." Jurnal Neo Konseling 3, no. 2 (February 22, 2021): 141. http://dx.doi.org/10.24036/00435kons2021.
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This research is based on the existence of nowadays children especially boys a lot of playing internet or online game, on an of internet site or online game there are advertisements that seem vulgar or content that refers to pornographic films or videos. Easy access to pornographic films or videos, allowing children to watch freely so that it becomes addictive to go back to watching porn movies or videos continuously. Addiction to pornography makes children unable to self-control and it is difficult to let go of these thoughts. Because you already feel attracted to these negative things, eventually there will be a sense of curiosity and want to try then deviate actions arise, namely taking it out by committing sexual violence to other people. It is interesting that the trend of the number of child victims of sexual violence and the number of child sexual violence perpetrators is relatively the same from year to year. So that many children become perpetrators of sexual violence.This study aims to: (1) Describe the level of self-control in children who experience sexual deviations, (2) Describe the level of pornography addiction in children who experience sexual deviations, and (3) Test the relationship between self-control and pornography addiction in children who experience sexual deviations. The research subjects were 43 students, using instruments with Likert scale models. The percentage analysis technique and to test the relationship of the data were analyzed using the Pearson Correlation Product Moment statistical formula with the help of the SPSS for Windows version 20.0 program. The results of the study revealed that: (1) the level of self-control in children who experience sexual deviations was classified as lower, (2) the level of pornography addiction in children who experience sexual deviations was classified as very high, and (3) there was a significant negative relationship between self-control and pornography addiction in children who experience sexual deviations with significance level 0,001, r count 0.3008, and r table -. 487.
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Ferrer A., Raquel S. "The Asperger and Child Pornography." Revista de Psicología de la Salud 5, no. 1 (2017): 148–53. http://dx.doi.org/10.21134/pssa.v5i1.1321.
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Mccabe, Kimberly A. "Child Pornography and the Internet." Social Science Computer Review 18, no. 1 (February 2000): 73–76. http://dx.doi.org/10.1177/089443930001800105.
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Khan, Khalid. "Child Pornography on the Internet." Police Journal: Theory, Practice and Principles 73, no. 1 (January 2000): 7–17. http://dx.doi.org/10.1177/0032258x0007300103.
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Gillespie, Alisdair. "Legal definitions of child pornography." Journal of Sexual Aggression 16, no. 1 (March 2010): 19–31. http://dx.doi.org/10.1080/13552600903262097.
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Hornor, Gail. "Child and Adolescent Pornography Exposure." Journal of Pediatric Health Care 34, no. 2 (March 2020): 191–99. http://dx.doi.org/10.1016/j.pedhc.2019.10.001.
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Temporini, Humberto. "Child Pornography and the Internet." Psychiatric Clinics of North America 35, no. 4 (December 2012): 821–35. http://dx.doi.org/10.1016/j.psc.2012.08.004.
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Stone., Lore E. "Child pornography and sex rings." Child Abuse & Neglect 9, no. 3 (January 1985): 417–18. http://dx.doi.org/10.1016/0145-2134(85)90045-6.
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Sandin, Per. "Virtual child pornography and utilitarianism." Journal of Information, Communication and Ethics in Society 2, no. 4 (November 30, 2004): 217–23. http://dx.doi.org/10.1108/14779960480000254.
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Nodelman, Perry. "Children’s Literature as Child Pornography." ESC: English Studies in Canada 29, no. 3-4 (2003): 34–39. http://dx.doi.org/10.1353/esc.2003.0031.
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Wolak, Janis, David Finkelhor, Kimberly J. Mitchell, and Lisa M. Jones. "Arrests for Child Pornography Production." Child Maltreatment 16, no. 3 (July 24, 2011): 184–95. http://dx.doi.org/10.1177/1077559511415837.
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Ruslina, Ulim. "Children and Crime of Pornography." Law Research Review Quarterly 8, no. 4 (November 30, 2022): 447–62. http://dx.doi.org/10.15294/lrrq.v8i4.63432.
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Children are one of the groups vulnerable to crimes, including sexual crimes and pornography crimes. Cases of pornography crimes involving children as victims are increasingly rampant amid the rapid flow of information and technology. This study aims to analyze child and pornography crimes from the legal and victim protection aspects in Indonesia. This study uses a normative approach by comparing various legal rules and legal theories and victimology related to cases of child crimes and pornography.
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Prat, Sébastien, Ingrid Bertsch, Noëmie Praud, Aline-Claire Huynh, and Robert Courtois. "Child pornography: Characteristics of its depiction and use." Medico-Legal Journal 88, no. 3 (May 19, 2020): 139–43. http://dx.doi.org/10.1177/0025817219898151.
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Child pornography involves the realisation of deviant fantasies with very specific characteristics with regard to its content and use and therefore the legal action needed to deal with it. The internet has facilitated its dissemination and access and complicates the issue but we need to be able to identify and track people who use illegal pornography. This paper is based on a review of the literature and presents some criminological characteristics of child pornography on the internet.