Computer Crime Research Center


Child porn

Date: August 03, 2004
Source: Computer Crime Research Center
By: Dmitri Kramarenko

The question of what constitutes child pornography is extraordinarily complex. Standards that are applied in each society or country are highly subjective and are contingent upon differing moral, cultural, sexual, social, and religious beliefs that do not readily translate into law. Even if we confine ourselves to a legal definition of child pornography, the concept is elusive. Legal definitions of both "child" and "child pornography" differ globally and may differ even among legal jurisdictions within the same country.

The legal definition of a "child" varies among nations. The UNCRC defines a child as a person under 18 years of age. This definition, however, is far from being universally adopted. For example, in all Australian States and Territories, child pornography legislation defines "child" as a person under 16 years of age. In Canada (Penal Code Sec. 163), a minor, for purposes of child pornography, is a person under 18 years of age. In various jurisdictions of the United States (U.S.), minors as young as 15 may legally consent to sexual activity with an adult. However, that same adult could not create, distribute, or possess a visual record of that activity because federal child pornography statutes (18 U.S.C. 2252, 2256) define a minor as any person under that age of 18 years.

Despite national differences, some international bodies have been able to arrive at common definitions of child pornography, most of which focus on visual, rather than written material. The Council of Europe defines child pornography as "any audiovisual material which uses children in a sexual context." Council of Europe, Recommendation R(91)11 and Report of the European Committee on Crime Problems (1993).
International Criminal Police Organisation ("INTERPOL") delegates define child pornography as "the visual depiction of the sexual exploitation of a child, focussing on the child's sexual behaviour or genitals." Interpol Recommendations on Offences Against Minors, INTERPOL 61st General Assembly (1995).
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Discussion is closed - view comments archieve
2005-08-25 19:47:00 - good page mishel
2004-12-22 04:56:59 - The fundamental problem in this issue lies... Jack
2004-08-11 08:55:03 - This is where unity of nations need to... George
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