Soccer Mom: Unplugged

Senators Orrin Hatch and Sam Brownback introduced legislation in December to strengthen laws protecting children from sexual exploitation.  But it is sitting in the Senate Judiciary Committee-stalled.

Your help is needed to pass this important legislation which adds muscle to the enforcement of child pornography laws. 

We'll tell you how below. First, some background.

On March 15, the Department of Justice announced new arrests of persons who produce and traffic in child pornography.  Exploitation, however, occurs not only through the graphic "underground" material involved in these arrests, but also in material considered more "mainstream."  

Current law prohibits producing visual depictions of actual sexually explicit conduct involving minors.  However, the new "Protect Children from Sexual Exploitation Act of 2005-S.2140" corrects some major deficits in the current law.  The new law would require producers of pornography to keep age-related records regarding those acting in the creation of all sexually explicit material.  This includes depictions of actual sexually explicit conduct as well as simulated sexually explicit conduct if it involves minors.

The new law also requires that failure to produce this information for inspectors would be considered a crime.  It also defines more clearly who a "producer" of child pornography is. Because the continued existence of child pornography perpetuates the exploitation, the law must hold accountable some who may not have actually held a camcorder or arranged a photo shoot.

Vulnerable children need the protection of this law.

Email or call Arlen Specter, Chairman of the Judiciary Committee.

Ask Senator Specter to support the "Protect Children from Sexual Exploitation Act of 2005." It deserves a vote in committee.  Click here for his contact information.

Email or call all the members of the Senate Judiciary Committee asking them to vote for the "Protect Children from Sexual Exploitation Act of 2005" so that it can be considered on the Senate floor.  This is a bi-partisan issue.

The names and contact information of the members of the Senate Judiciary Committee can be found by clicking here.

S.2140 Corrects Defects in Current Law

1. S.2140 requires age-related records regarding all sexually explicit material.  The current statute applies only to depictions of actual sexually explicit conduct.  S.2140 applies the record keeping and inspection requirements to producers of simulated sexually explicit conduct because producing such material is also illegal if it involves minors.  This means that some producers will now have to keep age-related records for the first time.
   
   
2. S.2140 more effectively defines what it means to produce sexually explicit material.  Child pornography is different than adult pornography.  Because the continued existence of child pornography perpetuates the exploitation, the law must hold accountable some who may not have actually held a camcorder or arranged a photo shoot.  S.2140 more effectively defines the term produces and minimizes unintended consequences by including three categories of activity and excluding five others. 
   
   
3. S.2140 makes the definition of actual sexually explicit conduct consistent with other statutes.  The current definition of actual sexually explicit conduct in 18 U.S.C. §2257(h)(1) includes only four of the five elements of the definition in 18 U.S.C. §2256(2)(A), the main definition provision.  S.2140 ensures that the definition in the record keeping statute conforms to the rest of the child pornography statute.
   
   
4. S.2140 makes refusal to make records available for inspection a crime.  The current statute requires maintaining age-related records and making them available for inspection, but makes only failure to maintain records a crime.  S.2140 criminalizes refusal to permit inspection.