Protection of Children from Use in Pornography: Toward Constitutional and Enforceable Legislation

This article will begin with an overview of the child pornography problem, then move to a more detailed discussion of the harms wrought upon children and society by the production and distribution of such material. A discussion of prior law will follow, detailing the need for legislation aimed specifically at the child pornography industry. The majority of the article will undertake a critical examination of existing child pornography legislation. The various elements of the offenses will be discussed and recommendations will be made to assure the effectiveness and constitutionality of child pornography statutes. In addition, provisions designed to facilitate easier enforcement of the statutes will be considered. Provisions seeking to protect and rehabilitate the victimized child will also be considered. Finally, recommendations made throughout this analysis will be summarized for the benefit of legislators and others seeking to improve the effectiveness of child pornography laws.