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PART 3: Law Enforcement Recommendations
CHAPTER 1
Based upon their collective observations, and the following recommendations are advanced the information provided through testimony, by this Commission.
Recommendation 1. Congress should enact a forfeiture statute to reach the proceeds and instruments of any offense committed in violation of the Federal obscenity laws.
Recommendation 2. Congress should amend the Federal obscenity laws to eliminate the necessity of proving transportation in interstate commerce. A statute should be enacted to only require proof that the distribution of the obscene material "affects" interstate commerce.
Recommendation 3. Congress should enact legislation making it an unfair business practice and an unfair labor practice for any employer to hire individuals to participate in commercial sexual performances.
Recommendation 4. Congress should amend the Mann Act to make its provisions gender neutral.
Recommendation 5. Congress should amend Title 18 of the United States code to specifically proscribe obscene cable television programming.
Recommendation 6. Congress should enact legislation to prohibit the transmission of obscene material through the telephone or similar common carrier.
Recommendation 7. State legislatures should amend, if necessary, obscenity statutes containing the definitional requirement that material be "utterly without redeeming social value" in order to be obscene to conform with the current standard enunciated by the United States Supreme Court in Miller v. California.
Recommendation 8. State legislatures should amend, if necessary, obscenity statutes to eliminate misdemeanor status for second offenses and make any second offense punishable as a felony.
Recommendation 9. State legislatures should enact, if necessary, forfeiture provisions as part of the state obscenity laws.
Recommendation 10. State legislatures should enact a Racketeer Influenced Corrupt Organization (RICO) statute which has obscenity as a predicate act.
Recommendation 11. The Attorney General should direct the United States Attorneys to examine the obscenity problem in their respective districts, identify offenders, initiate investigations, and commence prosecution without further delay.
Recommendation 12. The Attorney General should appoint a high ranking official from the Department of Justice to oversee the creation and operation of an obscenity task force. The task force should consist of Special Assistant United States Attorneys and Federal agents who will assist United States Attorneys in the prosecution and investigation of obscenity cases.
Recommendation 13. The Department of justice should initiate the creation of an obscenity law enforcement data base which would serve as a resource network for Federal, State, and Local law enforcement agencies.
Recommendation 14. The United States Attorneys should use Law Enforcement Coordinating committees to coordinate enforcement of the obscenity laws and to maintain surveillance of the nature and extent of the obscenity problem within each district.
Recommendation 15. The Department of Justice and United States Attorneys should use the Racketeer Influenced Corrupt Organization Act (RICO) as a means of prosecuting major producers and distributors of obscene material.
Recommendation 16. The Department of Justice should continue to provide the United States Attorneys with training programs on legal and procedural matters related to obscenity cases and also should make such training available to state and local prosecutors.
Recommendation 17. The United States Attorneys should use all available Federal statutes to prosecute obscenity law violations involving cable and satellite television.
Recommendation 18. State and Local prosecutors should prosecute producers of obscene material under existing laws including those prohibiting pandering and other underlying sexual offenses.
Recommendation 19. State and Local prosecutors should examine the obscenity problem in their jurisdiction, identify offenders, initiate investigations, and commence prosecution without further delay.
Recommendation 20. State and Local prosecutors should allocate sufficient resources to prosecute obscenity cases.
Recommendation 21. State and Local prosecutors should use the bankruptcy laws to collect unpaid fines.
Recommendation 22. State and Local prosecutors should use all available statutes to prosecute obscenity violations involving cable and satellite television.
Recommendation 23. State and Local prosecutors should enforce existing corporate laws to prevent the formation, use and abuse of shell corporations which serve as a shelter for producers and distributors of obscene material.
Recommendation 24. State and Local prosecutors should enforce the alcoholic beverage control laws that prohibit obscenity on licensed premises.
Recommendation 25. Government Attorneys, including State and Local prosecutors, should enforce all legal remedies authorized by statute.
Recommendation 26. Federal law enforcement agencies should conduct active and thorough investigations of all significant violations of the obscenity laws with interstate dimensions.
Recommendation 27. The Internal Revenue Service should aggressively investigate violations of the tax laws committed by producers and distributors of obscene material.
Recommendation 28. State and Local law enforcement agencies should provide the most thorough and up-to-date training for investigators involved in enforcing the obscenity laws.
Recommendation 29. State and Local law enforcement agencies should allocate sufficient personnel to conduct intensive and thorough investigations of any violations of the obscenity laws.
Recommendation 30. State and Local law enforcement officers should take an active role in the law enforcement coordinating committees.
Recommendation 31. State and Local revenue authorities must ensure taxes are collected from businesses dealing in obscene materials.
Recommendation 32. State and Local public health authorities should investigate conditions within "Adults Only" pornographic outlets and arcades and enforce the laws against any health violations found on those premises.
Recommendation 33. Judges should impose substantial periods of incarceration for persons who are repeatedly convicted of obscenity law violations and when appropriate should order payment of restitution to identified victims as part of the sentence.
Recommendation 34. The Federal Communications Commission should use its full regulatory powers and impose appropriate sanctions against providers of obscene DialA-Porn telephone services.
Recommendation 35. The Federal Communications Commission should use its full regulatory powers and impose appropriate sanctions against cable and satellite television programmers who transmit obscene programs.
Recommendation 36. The President's Commission on Uniform Sentencing should consider a provision for a minimum of one year imprisonment for any second or subsequent violation of Federal Law involving obscene material that depicts adults.
Recommendation 37. Congress should enact legislation requiring producers, retailers, or distributors of sexually explicit visual depictions to maintain records containing consent forms and proof of performers' ages.
Recommendation 38. Congress should enact legislation prohibiting producers of certain sexually explicit visual depictions from using performers under the age of twenty-one.
Recommendation 39. Congress should enact legislation to prohibit the exchange of information concerning child pornography or children to be used in child pornography through computer networks.
Recommendation 40. Congress should amend the Child Protection Act forfeiture section to include a provision which authorizes the Postal Inspection Service to conduct forfeiture actions.
Recommendation 41. Congress should amend 18 U.S.C. S2255 to define the term "Visual Depiction" and include undeveloped film in that definition.
Recommendation 42. Congress should enact legislation providing financial incentives for the states to initiate task forces on child pornography and related cases.
Recommendation 43. Congress should enact legislation to make the acts of child selling or child purchasing, for the production of sexually explicit visual depictions, a felony.
Recommendation 44. State legislatures should amend, if necessary, child pornography statutes to include forfeiture provisions.
Recommendation 45. State legislatures should amend laws, where necessary, to make the knowing possession of child pornography a felony.
Recommendation 46. State legislatures should amend, if necessary, laws making the sexual abuse of children through the production of sexually explicit visual depictions, a felony.
Recommendation 47. State legislatures should enact legislation, if necessary, to make the conspiracy to produce, distribute, give away or exhibit any sexually explicit visual depictions of children or exchange or deliver children for such purpose a felony.
Recommendation 48. State legislatures should amend, if necessary, child pornography laws to create an offense for advertising, selling, purchasing, bartering, exchanging, giving or receiving information as to where sexually explicit materials depicting children can be found.
Recommendation 49. State legislatures should enact or amend legislation, where necessary, to make child selling or child purchasing for the production of sexually explicit visual depictions, a felony.
Recommendation 50. State legislatures should amend laws, where necessary, to make child pornography in the possession of an alleged child sexual abuser which depicts that person engaged in sexual acts with a minor sufficient evidence of child molestation for use in prosecuting that individual whether or not the child involved is found or is able to testify.
Recommendation 51. State legislatures should amend laws, if necessary, to eliminate the requirement that the prosecution identify or produce testimony from the child who is depicted if proof of age can otherwise be established.
Recommendation 52. State legislatures should enact or amend legislation, if necessary, which requires photo finishing laboratories to report suspected child pornography.
Recommendation 53. State legislatures should amend or enact legislation, if necessary, to permit judges to impose a sentence of lifetime probation for convicted child pornographers and related offenders.
Recommendation 54. The State Department, the United States Department of Justice, the United States Customs Service, the United States Postal Inspection Service, the Federal Bureau of Investigation and other Federal agencies should continue to work with other nations to detect and intercept child pornography.
Recommendation 55. The United States Department of Justice should direct the Law Enforcement Coordinating Committees to form task forces of dedicated and experienced investigators and prosecutors in major regions to combat child pornography.
Recommendation 56. The Department of justice or other appropriate Federal agency should initiate the creation of a data base which would serve as a resource network for Federal, State and Local law enforcement agencies to send and obtain information regarding child pornography trafficking.
Recommendation 57. Federal law enforcement agencies should develop and maintain continuous training programs for agents in techniques of child pornography investigations.
Recommendation 58. Federal law enforcement agencies should have personnel trained in child pornography investigation and when possible they should form specialized units for child sexual abuse and child pornography investigation.
Recommendation 59. Federal law enforcement agencies should use search warrants in child pornography and related cases expeditiously as a means of gathering evidence and furthering overall investigation efforts in the child pornography area.
Recommendation 60. Federal law enforcement agents should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.
Recommendation 61. The Department of Justice should appoint a national task force to conduct a study of cases throughout the United States reflecting apparent patterns of multi-victim, multi-perpetrator child sexual exploitation.
Recommendation 62. Local law enforcement agencies should participate in the Law Enforcement Coordinating Committees to form regional task forces of dedicated and experienced investigators and prosecutors to combat child pornography.
Recommendation 63. State and Local law enforcement agencies should develop and maintain continuous training programs for officers in identification, apprehension, and undercover techniques of child pornography investigations.
Recommendation 64. State and Local law enforcement agencies should participate in a national data base established to serve as a center for state and local law enforcement agencies to submit and receive information regarding child pornography trafficking.
Recommendation 65. State and Local law enforcement agencies should have personnel trained in child pornography investigation and when possible they should form specialized units for child sexual abuse and child pornography investigations.
Recommendation 66. State and Local law enforcement agencies should use search warrants in child sexual exploitation cases expeditiously as a means of gathering evidence and furthering overall investigation effort in the child pornography area.
Recommendation 67. State and Local law enforcement officers should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.
Recommendation 68. The United States Department of Justice should direct United States Attorneys to participate in Law Enforcement Coordinating Committee task forces to combat child pornography.
Recommendation 69. Federal, State, and Local prosecutors should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.
Recommendation 70. Prosecutors should assist State, Local, and Federal law enforcement agencies to use search warrants in potential child pornography and related child sexual abuse cases.
Recommendation 71. State, Local, and Federal prosecutors should ask the child victim in reported child sexual abuse cases if photographs or films were made of him or her during the course of sexual abuse.
Recommendation 72. State and Local Prosecutors should use the vertical prosecution model in child pornography and related cases.
Recommendation 73. Judges and probation officers should receive specific education so they may investigate, evaluate, sentence and supervise persons convicted of child pornography and related cases appropriately.
Recommendation 74. Judges should impose appropriate periods of incarceration for convicted child pornographers and related offenders.
Recommendation 75. Judges should use, when appropriate, a sentence of lifetime probation for convicted child pornographers.
Recommendation 76. Pre-sentence reports concerning individuals found guilty of violations of child pornography or related laws should be based on sources of information in addition to the offender himself or herself.
Recommendation 77. State and Federal correctional facilities should recognize the unique problems of child pornographers and related offenders and designate appropriate programs regarding their incarceration.
Recommendation 78. Federal, State, and Local judges should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.
Recommendation 79. Public and private social service agencies should participate in a task force of multi-disciplinary practitioners and develop a protocol for courtroom procedures for child witnesses that would meet constitutional standards.
Recommendation 80. Social, mental health and medical services should be provided for child pornography victims.
Recommendation 81. Local agencies should allocate victims of crimes funds to provide monies for psychiatric evaluation and treatment and medical treatment of child pornography victims and their families.
Recommendation 82. Clinical evaluators should be trained to assist children victimized through the production and use of child pornography more effectively and to better understand adult psychosexual disorders.
Recommendation 83. Behavioral scientists should conduct research to determine the effects of the production of child pornography and the related victimization on children.
Recommendation 84. States should support age appropriate education and prevention programs for parents, teachers and children within public and private school systems to protect children from victimization by child pornographers and child sexual abusers.
Recommendation 85. A multi-media educational campaign should be developed which increases family and community awareness regarding child sexual exploitation through the production and use of child pornography.
Recommendation 86. State, County and Municipal governments should facilitate the development of public and private resources for persons who are currently involved in the production or consumption of pornography and wish to discontinue this involvement and for those who suffer mental, physical, educational, or employment disabilities as a result of exposure or participation in the production of pornography.
Recommendation 87. Legislatures should conduct hearings and consider legislation recognizing a civil remedy for harms attributable to pornography.
Recommendation 88. "Adults Only" pornographic outlet peep show facilities which provide individual booths for viewing should not be equipped with doors. The occupant of the booth should be clearly visible to eliminate a haven for sexual activity.
Recommendation 89. Holes enabling inter-booth sexual contact between patrons should be prohibited in the peep show booths.
Recommendation 90. Because of the apparent health hazards posed by the outlet environment generally, and the peep show booth in particular, such facilities should be subject to periodic inspection and licensing by appropriate governmental agents.
Recommendation 91. Any form of indecent act by or among "Adults Only" pornographic outlet patrons should be unlawful.
Recommendation 92. Access to "Adults Only" pornographic outlets should be limited to persons over the age of eighteen.
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