Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession¹

Abstract

Abstract This study examines law enforcement dilemmas in child pornography possession investigations in which no offender was arrested. A mail survey of US law enforcement agencies identified a sample of Internet child pornography possession cases where no arrest was made. Telephone surveys with law enforcement investigators were used to collect case‐specific data and information on dilemmas in these investigations. Law enforcement investigators reported that determining whether or not images fit within statutory limits and ascertaining the age of children in images impacted arrest outcomes in child pornography possession cases. Keywords: Internet CrimeChild PornographyChild VictimizationLaw EnforcementPoliceSex Crime Notes [1] For the purposes of compliance with Section 507 of PL 104–208 (the 'Stevens Amendment'), readers are advised that 100% of the funds for this program are derived from federal sources. This project was supported by Grant No. 2005‐JL‐FX‐0048 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, US Department of Justice. The total amount of federal funding involved is $503,117. Points of view or opinions in this paper are those of the authors and do not necessarily represent the official position or policies of the US Department of Justice. Additional informationNotes on contributorsMelissa Wells Melissa Wells, PhD, LICSW, is an Assistant Professor of Social Work at the University of New Hampshire. She received her PhD in Sociology at the University of New Hampshire and her Master in Social Work from the University of Minnesota Duluth. Her research interests include child protection and law enforcement collaboration, Internet sex crimes against minors, child welfare, service learning, and program evaluation. David Finkelhor David Finkelhor, PhD, is Director of the Crimes Against Children Research Center and also Co‐Director of the Family Research Laboratory and Professor of Sociology at the University of New Hampshire. Dr Finkelhor has a PhD in Sociology from the University of New Hampshire. Janis Wolak Janis Wolak, JD, is a Research Assistant Professor at the Crimes Against Children Research Center of the University of New Hampshire. She has a law degree from Southwestern University School of Law and a MA in Sociology from the University of New Hampshire. She is the author and co‐author of numerous articles about child victimization, Internet‐related sex crimes, and youth Internet use and a principal investigator for the First and Second Youth Internet Safety Surveys, the National Juvenile Online Victimization Study (N‐JOV), and the National Juvenile Prostitution Study. Kimberly J. Mitchell Kimberly Mitchell, PhD, is a Research Assistant Professor of Psychology at the Crimes Against Children Research Center located at the University of New Hampshire. She received her PhD in Experimental Psychology from the University of Rhode Island in January 1999 with concentrations in quantitative methods, women's health, and family violence. Dr Mitchell's research interests include youth Internet victimization, juvenile prostitution, and missing children.