Child Sexual Exploitation: Improving Investigations and Protecting Victims.

CHILD SEXUAL EXPLOITATION:
IMPROVING INVESTIGATIONS AND
PROTECTING VICTIMS

A BLUEPRINT FOR ACTION

Education Development Center, Inc.
Massachusetts Child Exploitation Network

January, 1995

This project was supported by Cooperative Agreement No. 93-MU-MU-K005 awarded
by the Office for Victims of Crime and the Office of Juvenile Justice and
Delinquency Prevention, Office of Justice Programs, U.S. Department of
Justice. The Assistant Attorney General, Office of Justice Programs
coordinates the activities of the following programs, offices and bureaus:
Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute
of Justice, Office of Juvenile Justice and Delinquency Prevention, and the
Office for Victims of Crime. Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the U.S. Department of
Justice.

TABLE OF CONTENTS

INTRODUCTION TO THE GUIDELINES 1

1. STATEMENT OF PHILOSOPHY AND GENERAL POLICY 4
1.1 OVERCOMING JURISDICTIONAL BOUNDARIES 5
1.2 THE NEED FOR VICTIM SERVICES 6

2. THE STATUTORY FRAMEWORK 8
2.1 CHILD PORNOGRAPHY 8
2.2 CHILD PROSTITUTION 11
2.3 REPORTING LAWS 13
2.4 MULTIDISCIPLINARY TEAMS 15

3. ROLES, RESPONSIBILITIES, AND RESOURCES 17
3.1 FEDERAL AGENCIES 17
3.2 STATE AND LOCAL CRIMINAL JUSTICE AGENCIES 22
3.3 VICTIM ASSISTANCE AGENCIES 23
3.4 YOUTH-SERVING AGENCIES 26
3.5 HEALTH CARE PROVIDERS, MENTAL HEALTH FACILITIES,
AND RAPE CRISIS CENTERS 29

4. MODELS FOR A MULTIJURISDICTIONAL, INTERAGENCY APPROACH 31 31
4.1 THE NETWORK MODEL 31
4.2 THE TASK FORCE MODEL 31
4.3 THE STRIKE FORCE MODEL 32

5. GUIDELINES FOR MULTIJURISDICTIONAL INVESTIGATIONS AND
PROSECUTIONS OF CHILD SEXUAL EXPLOITATION CASES 33
5.1 GUIDELINES FOR STATE AND LOCAL INVESTIGATORS 33
5.2 GUIDELINES FOR STATE PROSECUTORS 36
5.3 GUIDELINES FOR FEDERAL INVESTIGATORS AND
PROSECUTORS 37
5.4 GUIDELINES FOR FEDERAL VICTIM SERVICE PROVIDERS 41
5.5 GUIDELINES FOR STATE AND LOCAL VICTIM SERVICE
PROVIDERS 41

6. SAMPLE CASES OF CHILD SEXUAL EXPLOITATION 43
6.1 CASE 1: CHILD PROSTITUTION 43
6.2 CASE 2: COMPUTER EXPLOITATION 46
6.3 CASE 3: A CHILD PORNOGRAPHY STING 48
6.4 CASE 4: SEXUAL ABUSE AND PORNOGRAPHY 51

7. RESOURCES 54
7.1 SOURCES OF TRAINING AND TECHNICAL ASSISTANCE 54
7.2 PUBLICATION SOURCES 58
7.3 SELECTED REFERENCES 59

ACKNOWLEDGEMENTS

This Blueprint for Action is the product of the knowledge, experience, and
expertise of professionals sharing a common concern for the victims of child
sexual exploitation.

It began as the brainchild of staff from the Office for Victims of Crime and
the Office of Juvenile Justice and Delinquency Prevention. In their work
with concerned practitioners around the country, they recognized a need for
information and direction in responding to these complex cases and underserved
victims. Their foresight resulted in a cooperative agreement awarded to
Education Development Center, Inc., of Newton, Massachusetts, to develop this
Blueprint as a national prototype for multijurisdictional, interagency
collaboration in child sexual exploitation cases.

The content of the Blueprint is truly multijurisdictional and interdisciplinary.
It reflects substantial input from the experience of the members of the
Massachusetts Child Exploitation Network, and particularly members of the
Steering Committee. We received valuable suggestions on early drafts of the
Blueprint from John Dunn, U.S. Postal Inspector; Susan Goldfarb, Suffolk
County District Attorney's Office; Jay Grant, Federal Bureau of Investigation;
Jeanne Kempthorne, U.S. Attorney's Office; and John MacKinnon, U.S. Customs Service.

We are also grateful to the members of our National Advisory Board for their
contributions to the Blueprint for Action. Several offered critical comments
that greatly improved the final product. Special thanks go to Bob Flores,
Child Exploitation and Obscenity Section, U.S. Department of Justice; Lucy
Friedman, Victim Services Agency; Ken Lanning, Federal Bureau of Investigation;
Ray C. Smith, U.S. Postal Inspection Service; and Andreas Stephens, Federal
Bureau of Investigation.

Additional thanks go to our project officers, Susan R. Shriner, Senior
Program Specialist, Federal Crime Victims Division, Office for Victims of
Crime, and Ronald C. Laney, Director of the Missing and Exploited Children's
Program, Office of Juvenile Justice and Delinquency Prevention. Their
unconditional support of our work has been tremendously important.

The Blueprint for Action also benefitted from the collective efforts of
several EDC staff: Karen McLaughlin, Task Force Coordinator; Marc Posner,
Senior Research Associate; and Kelly Brilliant, Research Associate all
contributed substantively to initial drafts and various iterations. Michelle
Stober, Cathy Molinaro, and Consie English oversaw all aspects of production
to ensure a final product of highest quality.

My sincere thanks to everyone.

Debra Whitcomb
Project Director
Education Development Center, Inc.
Newton, Massachusetts

INTRODUCTION TO THE GUIDELINES

This document was designed to serve as a national prototype guiding collaboration among
federal, state, and local agencies that are involved in investigating and prosecuting child
pornography or prostitution cases and providing services to the young victims of these crimes.

In preparing these guidelines, we recognize that many criminal justice agencies have a
wealth of experience working with child sexual abuse cases and young victims. Some of these
agencies already have detailed protocols for the investigation process, including referrals to a
child protection agency or children's advocacy center. Many communities have
multidisciplinary teams which share information and streamline the investigative process to
minimize its impact on young victims. We presume that all of this experience and expertise
will be tapped in child sexual exploitation cases.

However, child sexual exploitation cases raise unique issues that are not anticipated in
existing child sexual abuse protocols. These cases tend to feature the additional complexities
of concurrent federal and state jurisdiction, and many (especially cases of child prostitution)
involve a particularly challenging group of victims. Furthermore, child pornography and
prostitution cases are rare in the caseloads of most criminal justice agencies. At the same
time, there are many types of cases that fall into this broad category, and no two cases will
raise the same issues for investigation, prosecution, or victim services. As a result, when a
child sexual exploitation case is identified, the responsible professionals may have little
relevant experience to guide them at critical decision points.
The guidelines were written for a broad audience of federal, state, and local criminal
justice personnel, including victim assistance providers, both public and private. They focus
on issues that apply to all child sexual exploitation cases: role clarification, notification of
relevant agencies, and referrals for victims. The guidelines do not include recommendations
for specific professional practices, such as victim interviews, investigative techniques,
evidentiary concerns, or intelligence gathering. However, the last section of this document
contains a list of resources for training and technical assistance specific to these topics.
Because there is so much variation in law, political structure, local practice, and
resources, no single "protocol" could be developed for national implementation. Rather, this
document is offered as a "blueprint" to criminal justice officials throughout the country who
are concerned about protecting children and youth from sexual exploitation. In considering its
applicability to your jurisdiction, take into account
$ state laws defining child sexual exploitation, mandating reports for child
protection, and authorizing a range of protective actions on behalf of young
victims

$ the number and configuration of political jurisdictions and agencies that need to
be involved

$ the availability of specialized resources, expertise, and training, and

$ the degree of sophistication regarding multidisciplinary information-sharing and
cross-referrals that exists in your jurisdiction

It may be possible, for example, for an agency to "graft" portions of these guidelines onto an
existing protocol for child sexual abuse investigations. Elsewhere, however, agencies may
need to create new protocols to accommodate the full range of child sexual abuse and
exploitation cases.
Regardless of where a community is in the continuum of expertise and "readiness" to
respond to child sexual exploitation, this document should provide some guidance for a
multijurisdictional, interdisciplinary approach to investigation, prosecution, and victim
services.
The contents of the guidelines are organized into seven sections.
$ Section 1 The philosophy and general policy underlying the need for guidelines
in child sexual exploitation cases.

$ Section 2 A synopsis of federal and state laws defining the offenses that
comprise child sexual exploitation and directing certain personnel to report
suspected victims to appropriate child protection authorities.

$ Section 3 The roles, responsibilities, and resources of the many federal, state,
and local agencies that may become involved in investigating and prosecuting
these cases, as well as sources of victim assistance and support.

$ Section 4 Three models for structuring a multijurisdictional, interagency
approach to child sexual exploitation cases.

$ Section 5 Guidelines for communicating and coordinating among criminal
justice and victim assistance agencies in multijurisdictional child sexual
exploitation cases.

$ Section 6 Four sample cases illustrating key decision points in
multijurisdictional investigations and points of entry for victim services.

$ Section 7 Selected sources of training and technical assistance and references on
topics pertaining to child sexual exploitation.

1. STATEMENT OF PHILOSOPHY AND GENERAL POLICY

The investigation and prosecution of cases involving sexual exploitation of children and youth
can raise complex problems for criminal justice agencies. First, these cases often require a
coordinated, proactive investigation. Second, they sometimes involve victims who are also
offenders. Third, they often cross jurisdictional boundaries, potentially involving federal,
state, and local authorities.
Sexual exploitation has been defined in a number of ways, but for purposes of these
guidelines, the term means the use of a minor under the age of 18 for sexual purposes by an
older person in any or all of three ways:
$ Child pornography

$ Child prostitution

$ Computer solicitation

Agencies subscribing to these guidelines share a commitment to three fundamental
principles:
Criminal justice agencies must overcome jurisdictional restrictions. By joining forces
across departmental, geographic, and political boundaries, resources can be targeted
toward the common goal of identifying, apprehending, and convicting adults who prey
upon children and youth. Technical jurisdiction should be secondary to getting the job
done.

Criminal justice agencies and victim service providers must recognize and attend to the
needs of sexually exploited children and youth. These victims are subject to serious
short- and long-term consequences that can impair their physical and mental health and
inhibit them from cooperating in the investigation.

Effective intervention requires proactive identification of suspects and vulnerable
children and youth. Criminal justice and victim services professionals need to be aware
of situations in which young people may be sexually exploited and closely monitor
those situations.

1.1 OVERCOMING JURISDICTIONAL BOUNDARIES

Child sexual exploitation cases can involve the violation of state and federal laws and fall
within the jurisdiction of numerous state, local, and federal authorities:

Federal Agencies
U.S. Department of Justice,
Criminal Division
U.S. Attorney's Office
Federal Bureau of Investigation
U.S. Postal Inspection Service
U.S. Customs Service
Military Criminal Investigative
Organizations:
Naval Criminal Investigative Service
Army Criminal Investigation Division
Air Force Office of Special
Investigations

State and Local Agencies

Attorney General's Office
County Prosecutor/District or State's
Attorney
State Police
City or County Police Departments
Sheriffs' Offices

In addition to the benefits of information- and resource-sharing, a multijurisdictional
approach offers the potential for prosecuting adult offenders under either state or federal laws
(or both). This has a number of advantages, including:
$ the ability to return a federal indictment on the basis of uncorroborated hearsay,
thereby eliminating the need for young victims to appear before a grand jury

$ the likelihood of lengthy federal prison sentences (with no parole) for offenses
involving child pornography or interstate transportation of minors for sexual purposes

$ the availability of lengthy state prison sentences for child sexual abuse

$ the ability to use the inducement of imprisonment in a federal, rather than a state
institution, to resolve all charges without a trial, sparing the victims the additional
trauma of appearing as witnesses

$ depending upon the facts of a particular case, the potential to prosecute more than one
crime arising out of the same event, thereby obtaining both federal and state
convictions and consecutive sentences to ensure that the offender remains confined for
an extended period

$ the ability to choose which set of laws under which to proceed. For example, federal
substantive law and search and seizure case law may be more conducive to prosecution
than corresponding state laws and court decisions, depending upon the facts of a
particular investigation.

1.2 THE NEED FOR VICTIM SERVICES

The effects of sexual exploitation can be devastating. The emotional consequences of child
sexual abuse can range from low self-esteem to serious mental health problems. Children and
youth who become involved in other forms of sexual exploitation often have additional
emotional burdens to bear.
Many exploited youth suffer from having been manipulated rather than explicitly coerced
into these activities. As a result, they may feel responsible for, or at least complicit in, the
sexual behaviors. Young victims of pornography have lost control over images of themselves
in print, on film, or in computer memories. These images may surface to haunt them at any
time in their lives.
Children and youth who are involved in prostitution are often runaways who have left
abusive homes for the perceived benefits of independence on the streets. Some have
consciously chosen the excitement of the street over the boredom or restrictions of their
homes. Lacking formal education or job skills, they survive by whatever means they
can,which are often illegal. They may steal, sell drugs, or trade their bodies for a meal or a
place to stay. As a result, they may enter the criminal justice system as offenders rather than
as victims. However, these young people are additionally burdened by their early problems
and/or victimization in their homes, by the exigencies of life on the street, and by the
compounded trauma of having been exploited by a number of adults over a long period of
time. They are also at high risk for contracting the HIV virus and other serious health
hazards.
In sum, sexual exploitation carries with it a number of serious short- and long-term
consequences for its young victims. There are a variety of public and private agencies whose
purpose is to provide medical, emotional, and legal support to these children and youth,
including
$ child protection agencies

$ victim assistance agencies

$ mental health centers

$ medical facilities

$ runaway shelters

$ drop-in centers

$ outreach projects

$ independent or transitional living programs

$ youth services programs

It is imperative that criminal justice agencies seek out these sources of assistance for
sexually exploited children and youth. Attending to the needs of these underserved victims has
important benefits: it can restore their physical and mental health; it can improve their
capacity to support the justice system in apprehending and prosecuting offenders; and it can
interrupt a destructive spiral and offer young victims a chance to rebuild their lives. Support
for young victims and their families should start at the time of disclosure or when a victim is
identified and continue for as long as it is needed.

2. THE STATUTORY FRAMEWORK

The U.S. Congress and most state legislatures have enacted criminal laws designed to protect
children and youth from sexual exploitation by adults through prostitution or pornography.
Under certain circumstances, other laws proscribing child sexual abuse or statutory rape can
also be used to prosecute adults who sexually exploit children and youth. Another set of laws
concerns mandatory reporting of child sexual abuse and exploitation to law enforcement and
child protection agencies by teachers, health care professionals, and others who are in a
position to identify potential victims. Finally, many state legislatures and the U.S. Congress
have passed laws encouraging the use of multidisciplinary teams in investigating reports of
child sexual abuse. This section of the guidelines reviews, from a national perspective,
pertinent federal legislation and summarizes patterns and trends among state laws.

2.1 CHILD PORNOGRAPHY

Federal law prohibits the production, distribution, receipt, and possession of child
pornography. Conspiracy and attempts to violate the federal child pornography laws are also
chargeable federal offenses. Most states also have laws prohibiting production and distribution
of child pornography. Many also place restrictions upon the possession of such materials.
The statutes governing child pornography may prohibit a broad range of conduct, including
conduct related to the pornographic materials (e.g., production, trafficking, advertisement, and
possession), and conduct related to the children and youth involved (e.g., procuring,
soliciting, buying or selling children, or coercion for purposes of producing pornography). It
is important to remember that child pornography laws are as relevant to cases involving older
adolescents as they are to cases involving pre-pubescent children.
While there are differences among the many state and federal statutes, five categories of
regulated conduct (and attempted conduct) can be broadly described:
Production: employment or use of a minor to engage in, or assist any other person to
engage in, any sexually explicit conduct for the purpose of producing a depiction of such
conduct

Trafficking: importation, distribution, sale, loan, gift, exchange, receipt, or transportation
of material with knowledge that it depicts minors engaged in sexually explicit conduct

Advertisement: advertisement or notice seeking or offering material depicting minors
engaged in sexually explicit conduct or seeking or offering a minor to engage in sexually
explicit conduct

Possession: possession of material with knowledge that it depicts minors engaged in
sexually explicit conduct

Procurement: procurement, buying or selling, coercion, persuasion, inducement,
enticement, transportation, or kidnapping of a minor, to engage in, or assist any person to
engage in, any sexually explicit conduct for the purpose of producing any depiction of such
conduct

The child pornography laws of the majority of states and the federal government do not
require obscenity as an element of the offense. However, all these laws define the sexual
content of the prohibited child pornography. Most define child pornography as visual
depictions of a minor engaged in "sexual conduct" or "sexually explicit conduct" and then
define those terms more specifically. A few states leave such terms undefined.
Most child pornography statutes prohibit a wide variety of visual depictions of sexual
conduct involving children and youth, including books, magazines, newspapers, photographs,
pictures, motion pictures, electronic reproductions, and other materials or reproductions. A
number expressly include film, negatives, mechanical or chemical reproductions, and audio
recordings. Most also proscribe live performances.
Some jurisdictions specifically prohibit the use of computers in connection with child
pornography. Computers can be used to store pornographic images and information on young
victims, sexual experiences, and the offenders' collecting activities. Computers can also be
used to transmit or receive pornographic images, modify these images, and contact adults or
youngsters for the purposes of producing or distributing child pornography.
To combat the use of computers to facilitate crimes involving child pornography, federal
law specifies that it applies to persons who knowingly transport visual depictions or
advertisements "by any means, including by computer." Some states have enacted similar
provisions.
The federal prohibitions on child pornography arise primarily from Congress' authority to
regulate commerce, including the mail. Consequently, in federal cases there must be some
connection to interstate or foreign commerce or use of the mail. This element may be satisfied
if the material originated abroad or in another state, or was made using materials which
traveled through the mail (inter- or intrastate) or foreign commerce. In some cases, both
federal and state charges may be brought against the same defendant. Consecutive or
concurrent prosecutions for the same conduct would violate federal policy.
Below are brief synopses of the federal statutes pertaining to child pornography as of 1994:

18 USC � 2251 Sexual exploitation of children. Prohibits the use of a minor in the
making of pornography. This includes behavior such as taking a minor
to another state and taking a pornographic picture of the minor there.
This section also prohibits the production and circulation of materials
advertising child pornography for sale.

18 USC � 2251A Selling or buying children. Prohibits the transfer, sale, purchase and
receipt of minors when the purpose of such transfer, sale, purchase or
receipt is to use the children or youth in the production of child
pornography. This offense carries a statutory minimum penalty of 20
years imprisonment.

18 USC � 2252 Certain activities relating to material involving the sexual
exploitation of minors. Prohibits the transportation, importation,
shipment and receipt of child pornography by any interstate means,
including by mail (inter- or intrastate) and computer. There is no
requirement to show a commercial purpose nor must there be any
minimum number of visual depictions. This statute was recently
amended to prohibit the possession of 3 or more items of child
pornography as long as the government can prove that either the items
themselves or any component part of the items [such as films, paper,
developing chemicals or ink] moved in interstate or foreign commerce,
or through the mail.

18 USC � 2258 Activities related to the importation of child pornography. Prohibits
the use of a minor to produce child pornography for importation into the
United States. Also prohibits receipt, distribution, sale, or possession of
child pornography intending that the depictions will be imported into the
United States.

2.2 CHILD PROSTITUTION

Each state and the federal government criminalize some aspect of child prostitution. The
federal government's primary law criminalizing child prostitution is the "Mann Act," which
proscribes the transportation of individuals under the age of 18 in interstate or foreign
commerce with the intent that the individual engage in prostitution or any sexual activity for
which any person can be charged with a criminal offense. State laws are generally broader
and focus on persons who advance, promote or induce prostitution. They rarely penalize
patrons of child prostitutes. It may, however, be possible to prosecute patrons of child
prostitutes under child sexual abuse or statutory rape laws.
Below are brief synopses of the federal statutes pertaining to child prostitution and sexual
abuse as of 1994:

18 USC � 2422 Coercion and enticement. Prohibits enticing, persuading, inducing,
etc. any person to travel across a state boundary for prostitution or for
any sexual activity for which any person may be charged with a crime.

18 USC � 2423 Transportation of minors. Prohibits transporting a minor across state
lines for prostitution or any sexual purpose for which any person may be
charged with a crime.

Travel with intent to engage in sexual act with a juvenile. Prohibits
traveling in interstate or foreign commerce for the purpose of engaging
in sexual activity with a person under 18 years of age.

18 USC � 2243 Sexual abuse of a minor or ward. This criminalizes assaults on
children and youth on federal property or on airliners, etc.

It is important to remember that these laws apply equally to situations involving very young
children and to cases involving older teenagers. They are, for example, just as relevant to a
parent who offers a seven-year-old for sexual activities as they are to a pimp who controls
several teenaged girls.

2.3 REPORTING LAWS

All states have laws that require certain persons (such as teachers, doctors, social workers,
police officers, and others) to report suspected abuse or neglect of children and youth under
the age of 18. These laws were enacted to provide a mechanism for investigating suspected
child maltreatment and intervening where necessary to protect children and youth who are at
risk for abuse. The vast majority of these laws include child sexual abuse, broadly defined to
include a number of sexual acts (such as rape, incest, and molestation). About two-thirds
specifically include child sexual exploitation, although it often remains undefined.
Characteristically, a reporting law will require the mandated reporter to contact either a
designated child protection agency (such as a Department of Social Services) or a law
enforcement agency (such as a local police department) to report any suspected child abuse,
including sexual abuse, physical abuse, and/or neglect. Some states allow the option of
reporting to either a child protection or a law enforcement agency. Finally, some state laws
have cross-reporting requirements in which law enforcement and child protection agencies are
required to share reports with one another. These agencies, in turn, must investigate reports
and provide whatever services are deemed necessary to assure that children and youth are
protected from further risk.
Although most states had enacted their reporting laws by the mid-1970s, when the Child
Abuse Prevention and Treatment Act of 1974 became law, the U.S. Congress did not follow
suit until 1990. The Victims of Child Abuse Act of 1990 (VCAA) for the first time imposes
mandatory reporting of suspected child abuse cases arising under federal jurisdiction. The
federal law explicitly includes "sexual exploitation" among the types of offenses to be
reported; sexual exploitation is further defined to include child pornography or child
prostitution.
Under the VCAA, certain professionals working on federal land or in federally-operated or
contracted facilities are required to report suspected child abuse to "an investigative agency
designated by the Attorney General to receive and investigate such reports." Cases involving
sexual abuse and certain other serious offenses must be referred immediately to "a law
enforcement agency with authority to take emergency action to protect the child." Until a
federal agency is designated to receive reports under the federal law, reports of suspected child
abuse should be made to the agency currently responsible for investigating these reports or to
the FBI. In practice, many federal agents report to state or local law enforcement agencies,
who then file the necessary reports with the child protection agency mandated under state law.

Persons to whom the federal reporting requirements apply include:
$ law enforcement personnel, probation officers, criminal prosecutors, and juvenile
rehabilitation or detention facility employees

$ health care workers

$ mental health professionals

$ social workers

$ teachers and other school personnel

$ child care workers and administrators

$ foster parents

$ commercial film and photo processors

Similarly, under the Indian Child Protection and Family Violence Prevention Act, certain
professionals are required to report suspected child abuse on tribal lands to the "local law
enforcement agency," meaning the federal, state, or tribal agency with primary responsibility
for child protection or investigation of child abuse. Cases occurring on federal/Indian
reservations and involving Native Americans as either victim or abuser must be reported to the
FBI.
Finally, federal law requires every state that receives funds under the Child Abuse
Prevention and Treatment Act to release information from child protection agency files to
federal agencies that are requesting the information in order to carry out their responsibilities
to protect children from abuse and neglect.

2.4 MULTIDISCIPLINARY TEAMS

The federal Victims of Child Abuse Act also directs the court and attorneys for the government
to work with state and local governments that have established multidisciplinary teams to assist
young victims and witnesses. Such teams are defined to include representatives from health,
social service, law enforcement, and legal service agencies. The role of multidisciplinary
teams is to provide a range of services to young victims as witnesses, including,
$ medical diagnoses and evaluation services
$ telephone consultations in emergencies
$ medical evaluations related to abuse or neglect
$ psychological and psychiatric diagnoses and evaluations
$ expert medical, psychological, and related professional testimony
$ case service coordination and assistance
$ training for judges, litigators, court officers and others
Where there is no existing multidisciplinary team, the U.S. Attorney General Guidelines
accompanying the Victims of Child Abuse Act instructs federal investigators to coordinate with
existing child protective service agencies.
Child victims and witnesses who reside on military installations or Indian reservations can
also expect services from multidisciplinary teams. Family Advocacy Case Management Teams
on military installations coordinate medical, dental, legal, law enforcement, social service
reporting, identification, investigation, and treatment functions for all child abuse cases.
Likewise, on Indian reservations, the Indian Child Protection and Family Violence Prevention
Act requires the development and implementation of multidisciplinary child abuse investigation
and prosecution programs and stresses coordination of law enforcement, courts, and other
tribal, federal, and state agencies.
As of December 1993, 31 states had enacted statutes mandating or authorizing the creation
of multidisciplinary child protection teams. In many communities, these teams meet as soon
as possible after a report is received so they can coordinate their investigative activities, e.g.,
by arranging joint interviews with young witnesses or the timing of an interview with the
suspect. Coordinating in this way allows each participating agency to perform its respective
role most effectively while enhancing the overall quality of investigations.

3. ROLES, RESPONSIBILITIES, AND RESOURCES

Federal, state, and local agencies share many roles and responsibilities in the investigation of
child sexual exploitation cases. Apart from fundamental differences in geographic and
statutory jurisdiction, federal agencies tend to differ from their state and local counterparts in
their approach to investigating child sexual exploitation cases. Federal agencies generally
investigate child sexual exploitation cases proactively, while state and local agencies generally
react to reports from various sources. However, state and local agencies may conduct
proactive "sting operations" and federal agencies may react to reports of appropriate cases
received from state and local agencies. Federal, state, and local agencies need to be aware of
the resources available from one another to investigate and prosecute child sexual exploitation
crimes and to assist young victims.
The following describes the roles and responsibilities of the various federal, state, and local
agencies in child sexual exploitation cases. It also describes special resources within several of
these agencies that can enhance case investigation or improve services to victims. (National
organizations providing information or technical assistance in child sexual exploitation cases
are described in the RESOURCES section.)

3.1 FEDERAL AGENCIES

U.S. Department of Justice, Criminal Division

Within the Criminal Division of the U.S. Department of Justice, the Child Exploitation and
Obscenity Section (CEOS) is staffed by attorneys with particular expertise in these cases.
These attorneys litigate independently and in concert with U.S. Attorneys' Offices where
new issues of law arise or where a particular federal district cannot adequately staff a
prosecution. Section attorneys assist in the preparation of motions and other pleadings and are
available to consult with field prosecutors at all stages of a case or investigation. Additionally,
the Section is authorized to prosecute cases in any federal district and is available to review
cases declined by a U.S. Attorney to make an independent prosecutive decision if a federal
investigative agency requests such review through their headquarters component.

United States Attorney

The U.S. Attorney for each of the 94 districts is responsible for prosecuting cases of child
sexual exploitation that fall within federal jurisdiction. Cases that fall within the U.S.
Attorney's jurisdiction include violations of the federal statutes proscribing child pornography
and prostitution, and cases occurring on federal land, such as Indian reservations, military
bases, and federal territories.

Special Resources:

Law Enforcement Coordinating Committee (LECC): Each U.S. Attorney has an LECC in
place, consisting of representatives of federal, state, and local agencies involved in district law
enforcement. The goal of these committees is to improve cooperation and coordination among
law enforcement groups, thereby enhancing the effectiveness of the criminal justice system.
Some districts have subcommittees consisting of LECC agency officials working on specialized
tasks, such as drug enforcement, white collar crime, or child sexual exploitation.

Victim-Witness Assistance Program: Each U.S. Attorney's Office has a Victim-Witness
Coordinator whose responsibilities include helping sexually exploited children and youth after
a federal indictment has been obtained. Victim-Witness Coordinators develop form letters for
notifying witnesses of key events, directories of referrals for needed services, and witness
management procedures. They also coordinate the office's victim and witness service efforts
with state and local law enforcement officials. (See p. 23 below for a more detailed
description of victim assistance services.)

Federal Bureau of Investigation

The FBI is responsible for investigating suspected cases of child sexual exploitation involving
interstate commerce. Cases falling within the jurisdiction of the FBI generally pertain to the
following violations of Title 18 of the United States Code:
�� 2241-2244 Child Abuse
�� 2251, 2251A, 2252, and 2258 Sexual Exploitation of Children
�� 1462, 1465, 1466 Interstate Transportation of Obscene Material
�� 2421-2424 Interstate Transportation of Children for Sexual Activity
�� 1201-1202 Kidnapping

The FBI may also investigate RICO charges pursuant to 18 USC � 1961 where the
"racketeering activity" is premised on child exploitation offenses (18 USC �� 2251-2252;
2421-24). The Bureau is also mandated to investigate reports of child abuse involving a
Native American as the victim or the alleged perpetrator.
The Bureau assigns particular attention and priority to investigations indicating organized
criminal activity, commercialized prostitution, and the manufacture or distribution of child
pornography. FBI investigations have also identified computer networks and bulletin boards,
both national and international in scope, in which child pornography is transmitted to clients or
other members of the network.
Within the FBI there are agents who are specially trained to investigate cases of child sexual
exploitation. There is also extensive technology to enhance investigations, including lab
testing of fingerprints and body fluids, video enhancement, and technology targeted to
computer crimes. The Bureau also has special expertise in behavioral analysis, such as
offender profiling. These resources are available to assist local police and prosecutors in
investigating cases that do not cross jurisdictional lines, as well as those cases that fall under
the purview of the FBI. The FBI can also assist state agencies in capturing fugitive suspects
where there is reason to believe they have crossed state lines.
Each of the FBI's 56 Field Offices has a victim/witness coordinator. (See p. 23 for details
of the role of victim assistance providers.)

United States Postal Inspection Service

The U.S. Postal Inspection Service is the law enforcement arm of the U.S. Postal Service
responsible for investigating crimes involving the U.S. Mail, including all child pornography
and sexual exploitation of children. Postal Inspectors specially trained to conduct these
investigations are assigned to each of its 30 Divisions nationwide.
Recognizing that preferential child molesters and child pornographers often seek to
communicate with one another through what they perceive as the security and anonymity
provided by the U.S. Mail, Postal Inspectors have been involved extensively in child sexual
exploitation and pornography investigations since 1977. Since the enactment of the federal
Child Protection Act of 1984, Postal Inspectors have conducted over 2,400 child pornography
investigations, resulting in the arrests and convictions of more than 2,100 child pornographers
and preferential child molesters.
Postal Inspectors utilize an established, nationwide network of intelligence in implementing
a wide variety of undercover programs designed to uncover suspects and develop prosecutable
cases. These undercover operations recognize the clandestine nature of the targets and the
inherent need of many offenders to validate their behavior. The techniques utilized in these
programs include placement of contact advertisements in both national and local publications,
written contacts and correspondence with the subject, and more recently, contact via computer
bulletin boards. Postal Inspectors are ready to assist local and state authorities in any related
investigation involving child sexual exploitation.

United States Customs Service

The U.S. Customs Service, Office of Enforcement, has Special Agents in every field office
responsible for conducting child exploitation investigations. In addition, Customs has foreign
mail facilities in 22 U.S. cities that intercept illegal mailings. Every port of entry to the
United States is staffed by Customs Inspectors whose responsibilities include interdicting child
pornographic contraband and related articles. Customs Agents are currently involved in
proactive, undercover investigations to identify and infiltrate computer bulletin boards used for
exchanging child pornography where border crossings are involved.
The Customs Service is authorized to award up to $250,000 to any individual who can
provide information leading to a significant seizure or arrest in a child exploitation
investigation.

Special Resources:

The Treasury Enforcement Communication Systems (T.E.C.S.) is a computer system that
contains reports of investigations, arrests and seizures, and information on border-crossing
from around the world. The T.E.C.S is utilized by Customs' Special Agents on a daily basis
to assist in the investigation of sexual exploitation cases.
The U.S. Customs Service also maintains a seizure list containing information about
prohibited pornographic materials which have been seized at the border.
Data bases maintained by the U.S. Customs Service are accessible by other federal
investigative agencies and by state and local law enforcement agencies with permission.

Military Criminal Investigative Organizations

Each branch of the U.S. Military has an investigative agency responsible for investigating all
major felony crimes, including sexual exploitation of children. Each agency has offices
worldwide with Special Agents trained in the investigation of child sexual abuse and related
criminal activity. In addition, these military criminal investigative organizations are able to
assist prosecution in military as well as federal and state courts. MCIOs are routinely involved
in multidisciplinary team training, and are ready to assist in investigations that fall under their
cognizance.

3.2 STATE AND LOCAL CRIMINAL JUSTICE AGENCIES

State Attorney Generals' Offices

Each state has an office of the attorney general, which has jurisdiction over all matters
involving state law but generally is not involved in local prosecutions, unless specifically
requested.

Prosecutors

State prosecutors (known variously as district attorneys, county or state's attorneys, or
prosecuting attorneys) are charged with enforcing state laws by prosecuting criminal
defendants. The prosecutor's office may assist an investigation by giving legal advice, helping
to draft search warrants, observing interviews of potential witnesses, and providing any other
assistance deemed appropriate. Many prosecutors' offices assign child exploitation cases to a
child abuse unit or sexual assault unit. These units work closely with police and social
services, often conducting joint investigations. Cases lacking identified victims may be
assigned to an organized crime or "special operations" division. Some prosecutors employ
investigators to assist and supplement the work of local law enforcement agencies.
Many prosecutors' offices have victim assistance units that provide a broad array of services
to young victims (See p. 23 for a more detailed discussion.)

State and Local Law Enforcement Agencies

The primary responsibility for investigating violations of state laws prohibiting child
pornography and prostitution rests with local police and, in some jurisdictions, sheriffs'
departments or state police. These law enforcement officers are in charge of the investigation
until such time as the allegations are determined to be unsubstantiated or have been
investigated and presented to the prosecutor for review. In some jurisdictions, the state or
local agency may be available to assist the prosecutor with continuing investigation needs. In
some departments, juvenile prostitution cases, and child pornography cases with unidentified
victims, are investigated by a vice unit. Other departments assign these cases to a child abuse
unit or sexual assault unit, especially where there are identified victims. Many law
enforcement agencies have victim assistance components. (See p. 23.)

Special Resources:

Missing Children's Clearinghouses In many states, the state clearinghouse on missing children
is located within the State Police Department. The clearinghouses have a direct link to the
National Center on Missing and Exploited Children (see RESOURCES section) and its
sophisticated investigative and analytical tools.

3.3 VICTIM ASSISTANCE AGENCIES

Victim assistance programs provide victims with practical assistance for dealing with the court
system, support for the emotional trauma of victimization, and referrals to additional
resources. These services are essential because they enable victims to address the immediate
consequences of their victimization and move on with their lives. At the same time, they can
empower victims to contribute to the investigation, prosecution, and adjudication of their
cases.
The services that victim/witness assistance programs provide fall within eight stages of the
criminal justice process: (1) emergency response, (2) victim stabilization, (3) resource
mobilization, (4) after arrest, (5) pre-court appearance, (6) court appearance, (7) pre-sentence,
and (8) post-sentence. At each stage, a victim/witness assistance program can provide the
following types of services:
Emergency Services: These services include medical care, shelter, food, security repair,
financial assistance, and on-the-scene comfort. Many victim/witness assistance programs
provide these services through referrals to other providers in the community.

Counseling: Victim/witness assistance programs may provide counseling in a variety of
ways such as intake, 24-hour hotlines, counseling, crisis intervention, follow-up counseling,
and mediation. They often refer victims to community-based counselors and to private
therapists for assistance with the more complex psychological aspects of victimization.

Advocacy: Advocacy and support services provided by victim assistance professionals
include personal advocacy, property return, intimidation intervention, assistance with victim
impact statements, and legal/paralegal counsel and referral. The victim/witness assistance
professional plays a critical role in demystifying the criminal justice system and orienting
the victim to the court process.

Claims Assistance: Victim assistance professionals assist victims with insurance claims,
restitution, compensation, and witness fees. Many states have enacted legislation to
compensate victims who suffer economic hardship as a result of their victimization. Some
jurisdictions impose a restitution requirement on offenders whenever feasible. Victim
assistance programs can help victims document their losses and expenses.

Court-Related Services: Court-related services include witness reception, court orientation,
notification, witness alert, transportation, child care for family members, and escort to
court.

System-wide Services: Victim assistance programs may also engage in a variety of activities
aimed at better collaboration among the agencies involved in these cases and greater public
awareness. Specific services include public education, legislative advocacy, and training of
police, prosecutors, and human service providers.

Victim assistance programs may be formally affiliated with a wide range of public or
private agencies:
$ Community-based organizations

$ U.S. Attorney's Office

$ Federal law enforcement agencies

$ State agencies (such as the Attorney General's Office, a Department of Public Safety or
an independent state agency for victim assistance)

$ County prosecutors' offices

$ Courts

$ Police departments

$ Medical facilities

In general, victim service providers who are affiliated with state and local agencies, or in
community-based programs, are more likely than those in federal agencies to have specialized
expertise in working with young victims and larger networks of community resources to meet
their special needs. This is because state and local criminal justice agencies experience much
higher caseloads of child sexual abuse than do federal agencies.

Special Resources:

Assessment instruments Most programs have developed tools to assess the emotional impact of
victimization on the victim and determine what services are most needed. These assessments
can be useful in determining a victim's ability to cooperate with the investigation and stand
trial, if necessary. In addition, victim assessments may help interviewers determine how to
proceed, eliciting the most complete information from victims while reducing their trauma.

Referral networks Victim/witness assistance professionals typically have extensive networks of
community-based contacts and can refer victims of sexual exploitation to the appropriate
community organization.

3.4 YOUTH-SERVING AGENCIES

Child Protective Services

Child protection agencies are responsible for ensuring the safety of children and youth who
require protective custody, making placement recommendations, and coordinating the
assessment and interviews of children and adults with appropriate law enforcement and
licensing agencies. Under the child abuse reporting laws, every state has designated one or
more agencies to receive and investigate reports of suspected child abuse or neglect committed
by a parent or caretaker. Because parents or caretakers are less often the perpetrators in child
sexual exploitation cases, child protection agencies tend to play a lesser role. They may
become involved in these cases in three ways: (1) as the agency receiving the initial report,
but relinquishing responsibility once it is determined that the perpetrator is not a parent or
caretaker; (2) as a referral agency, to assist young victims in cases where it is determined that
the child's victimization is a consequence of parental neglect; and (3) if the case involves abuse
in an institutional setting such as a day care center. Child protection agencies may also be
needed to locate an emergency placement for young victims who cannot be immediately
returned to their homes.

Special Resources:

Child Abuse Registry Nearly all states have established state-wide central registries to record
reports of child maltreatment. These registries generally contain selected victim and
perpetrator characteristics in reported cases, although some are limited to "founded,"
"substantiated," or "indicated" cases. Most states index by both victim and offender name.
Access to the data stored in central registries is usually quite limited, however, to assure the
confidentiality of the parties involved.

Juvenile Justice Agencies

These agencies oversee a wide range of residential and non-residential programs for children
and youth who have committed crimes (including prostitution) as well as status offenses
(behaviors which are illegal for minors but not for adults). These programs generally operate
under the supervision of the juvenile court.

Child Advocacy Centers or Multidisciplinary Interview Teams

Child advocacy centers coordinate the response to victims of child abuse through multi-
disciplinary teams of representatives from other involved agencies. A major goal of child
advocacy centers and multidisciplinary teams is to prevent the inadvertent revictimization of an
abused child by the judicial and social service systems in their efforts to protect the child.
These centers and teams are sometimes affiliated with a prosecutor's office, a hospital, a law
enforcement agency, or a child protection agency. Some are independent nonprofit
organizations.
Child advocacy centers typically offer "child-friendly" interviewing locations and staff who
are specially trained to conduct forensically sound interviews. Most are equipped to videotape
interviews and/or to allow simultaneous viewing through one-way mirrors. Even where free-
standing centers are not operating, many multidisciplinary teams have access to child-friendly
facilities maintained by one of the agencies represented on the team.

Runaway Shelters and Other Youth-Serving Programs

While only a minority of children and youth who run away from, or are thrown out of, their
homes turn to prostitution, the majority of those who become involved in prostitution are
runaways or homeless. This is especially true of girls, who are far less likely to be engaged
in prostitution while living in their parents' home than are boys.
There exists a network of primarily private agencies whose mission it is to serve runaway
and homeless youth. Almost 360 of these runaway programs are supported, in part, by federal
grants under the Runaway and Homeless Youth Act (a section of the Juvenile Justice and
Delinquency Prevention Act). Such programs usually have two major goals:
$ protecting the youth from dangers "on the street" (ultimately, by removing the youth to
a more protected environment such as a shelter or a foster home)

$ returning the youth to a place in mainstream society

Runaway programs that serve older youth who are the most alienated from their family and
"streetwise" are more likely to serve clients who are involved in prostitution. These youth
require intensive services, including counseling, drug treatment programs, remedial education,
and vocational education. Some of these agencies have special programs that target youth
involved in prostitution.

Special Resources:

Emergency shelters Short-term residential facilities in which youth can live for a period
ranging from one week to 30 days. Some operate 24 hours a day, others operate only at night.
Those that operate only at night are usually affiliated with a drop-in center that provides
services during the day.

Drop-in programs "Storefront" facilities that offer youth services including meals, counseling,
medical attention, referrals, and recreational activities. Drop-in centers do not include
residential shelter (although some agencies operate both drop-in centers and shelters).

Independent living programs Provide youth with the skills needed to set up independent
households (budgeting, finding and keeping a job, finding and maintaining an apartment) as
well as more intensive academic or vocational training and mental health counseling. Some
provide clients with an apartment or rent subsidies.

Street outreach programs Send youth workers to areas in which runaway and homeless youth
congregate to offer services "on the street." Primary goals include locating and identifying
younger runaways and referring them to shelters; encouraging youth to use the more intensive
services available at a drop-in center or shelter; and educating them about environmental
dangers, including HIV infection.

Medical services Runaway and homeless youth are subject to a wide array of medical
problems, including poor nutrition, sexually transmitted diseases, and other diseases resulting
from a lack of shelter and consistent medical care. Many runaway programs provide medical
care, either directly or by referral to a local clinic.

3.5 HEALTH CARE PROVIDERS, MENTAL HEALTH FACILITIES, AND RAPE
CRISIS CENTERS

Key participants in cases of child sexual exploitation include representatives from the health
and mental health community. Physicians are responsible for examining potential victims of
child sexual exploitation. They may also be helpful in estimating the age of unidentified
children or youth who are depicted in pornography, and as such can serve as expert witnesses.
Rape specialists and mental health care professionals can provide critical assistance to victims
and their families. Doctors, counselors, and mental health care workers should be able to
work with prosecutors, victim assistance professionals, and police, and should be sufficiently
familiar with the criminal justice system to respond to the victims' concerns.

Special Resources:

Child Sexual Abuse Diagnostic Centers Some hospitals have specialized staff and facilities for
conducting sophisticated examinations of alleged victims of child sexual abuse. Staff of these
centers often sponsor or participate in interdisciplinary training programs that are open to
criminal justice professionals in federal, state, and local agencies.

4. MODELS FOR A MULTIJURISDICTIONAL, INTERAGENCY APPROACH

To enhance the capacity to respond effectively to cases of child sexual exploitation, it may be
useful to convene agency representatives in one of three alternative models. All offer a
structure for enhanced communication and consultation among criminal justice and victim
service professionals in federal, state, and local agencies. All recognize that agencies vary
widely in their priorities, resources, and the degree of expertise and interest in child sexual
exploitation among their staff. By adopting any of these models, agencies can complement
and supplement one another's specialized resources or relevant experience toward the shared
goal of enhancing investigations and helping young victims.

4.1 THE NETWORK MODEL

The primary purposes of a multijurisdictional network are education, building resources, and
encouraging personal contacts. The membership of such a network may be loosely
configured, representing law enforcement personnel, prosecutors, victim service providers,
social service agencies, and any other professionals with an interest in improving the
investigation of these cases or the treatment of young victims. With time, a network may
evolve into a task force or strike force model, as described below.

4.2 THE TASK FORCE MODEL

The task force model assembles a standing team of experts whose work is dedicated to
proactive and reactive case investigation and prosecution. Ideally, each agency (federal, state,
and local) identifies and details one or more individuals to specialize in some aspect of these
cases. Such a team should include a specialist in victim services. The task force model is
perhaps most feasible in jurisdictions experiencing a reasonably steady caseload of
multijurisdictional child exploitation cases, and where the involved agencies can support the
requisite personnel and equipment.

4.3 THE STRIKE FORCE MODEL

The strike force resembles the task force model in that it pulls together agency representatives
with expertise in child sexual exploitation. The principal difference is that a strike force only
comes together in response to a particular case. The strike force model may be more
appropriate or feasible in jurisdictions where such cases are rare or where resources are more
limited. Again, victim services specialists should be represented on the strike force.

5. GUIDELINES FOR MULTIJURISDICTIONAL INVESTIGATIONS AND
PROSECUTIONS OF CHILD SEXUAL EXPLOITATION CASES

The fundamental premise underlying this document is that a coordinated approach to sharing
information and establishing responsibilities is the most effective way to investigate and
prosecute cases of child sexual exploitation and to ensure that identified victims receive needed
services.
This section includes specific guidelines for five audiences: (1) law enforcement officers in
state and local agencies; (2) state prosecutors; (3) federal investigators and prosecutors; (4)
federal victim service providers; and (5) state and local victim service providers.

5.1 GUIDELINES FOR STATE AND LOCAL INVESTIGATORS

Federal investigative agencies give special priority to cases involving child sexual exploitation.
The FBI, U.S. Postal Inspection Service, U.S. Customs Service, and the Military Criminal
Investigative Organizations all have agents who have special training and expertise in
investigating these cases. The following guidelines are meant to assist state and local
investigators in recognizing situations that may warrant the assistance of their counterparts in
federal agencies. While there are jurisdictional issues that may prescribe which federal agency
takes the lead in investigating a particular case, as a practical matter the jurisdictional lines
may be blurred and take a "back seat" to the overarching goal of apprehending and convicting
adults who prey upon children and youth. This pragmatic approach should also apply to
investigations that cross federal, state, and local jurisdictional boundaries. Depending on the
facts of any individual case, federal involvement can strengthen the state's case while opening
the door to possible federal charges.

When to request the assistance of the FBI:
$ the offense occurs on federal land: Indian reservation, U.S. territory, or other area of
federal jurisdiction, unless there is a memorandum of understanding designating
another agency to receive these reports.

$ the offense involves interstate manufacture, sale, or distribution of child pornography.

$ computers are used to traffic in child pornography within the United States.

$ computers are used to facilitate a child sexual abuse or exploitation scheme.

$ the offense involves children or youth who are transported across state lines for
purposes of illegal sexual activity.

$ the offense involves a suspect who has traveled across state lines or international
boundaries for purposes of sexual conduct with juveniles.

$ there is reason to believe a fugitive suspect has crossed state or international lines.

$ there is a need for sophisticated forensic capabilities, computer skills, or behavioral
analysis.

When to request the assistance of the U.S. Postal Inspection Service:

$ a subject may be utilizing the U.S. Mail to exchange, send, receive, buy, loan,
advertise, solicit, or sell child pornography.

$ a subject is believed to be utilizing the U.S. Mail to correspond with others concerning
child sexual exploitation, child pornography, or child erotica.

$ a subject is believed to be utilizing a computer network or bulletin board to exchange
child pornography or child erotica or to correspond with others concerning child sexual
exploitation, and the actual exchange or initial contact may involve the use of the U.S.
Mail.

$ a subject is believed to be clearly predisposed to receive or purchase child pornography
and a "reverse" sting investigative approach appears warranted.

$ there is a need to execute a controlled delivery (see Section 6, CASE 3).

$ there is a subject in your jurisdiction whose activities warrant further investigation and
you desire the assistance of a Postal Inspector trained in the investigation of child
pornography or child sexual exploitation cases.

$ you have exhausted your local investigative leads and wish a Postal Inspector to utilize
alternative resources.

When to request the assistance of the U.S. Customs Service:

$ a case involves child pornography shipped into the United States from another country.

$ a case involves the trafficking of child pornography or exploitation via computer
bulletin boards or networks which involve international locations.

$ there is reason to access the seizures list, the Treasury Enforcement Communications
System, or other database.

When to request the assistance of the Military Criminal Investigative Organizations:

$ the offense occurs on military property.

$ an investigation involves either an active duty or former military member, and/or
dependent family member.

When to request the assistance of a victim service provider:

$ it is clear that the case involves a victim under the age of 18.

Depending on local procedures and resources, these referrals may be made by law
enforcement officers or by prosecutors. If there is no victim assistance program within
your own agency, it should be possible to consult with a community-based provider
(see ROLES, RESPONSIBILITIES, AND RESOURCES section, especially Youth-
Serving Agencies).

When to request the assistance of a state child protection agency:

$ there is reason to believe a child is being abused, or is at risk of being abused.

In some jurisdictions, the child protection agency's authority may be limited to cases
involving a parent or caretaker suspect.

$ there is a need to access the central child abuse registry.

5.2 GUIDELINES FOR STATE PROSECUTORS

Even if a case has been investigated solely by state or local law enforcement personnel, state
prosecutors should view the involvement of federal prosecutors as an enhancement to their
efforts to convict adults who sexually exploit children. There are a number of strategic and
tactical reasons to consider pursuing a child sexual exploitation case in federal court in addition
to, or in lieu of, state prosecution.

When to contact the U.S. Attorney's Office:
$ the offense occurs on federal land: Indian reservation, military base, U.S. territory, or
other area of federal jurisdiction.

$ multiple state jurisdictions are involved and coordination is needed.

$ more than three items of child pornography are recovered.

This is the minimum quantity required to support a charge of possession under federal
law. Federal jurisdiction applies when the items themselves are transported across state
lines or when they are made with materials (e.g., photographic equipment or film) that
have crossed state lines.

$ state penalties are insufficient to protect children.

Federal offenses involving child pornography or interstate transportation of minors for
sexual purposes can yield stiff prison sentences. Furthermore, depending on the facts
of the case, it may be possible to prosecute more than one crime, thereby obtaining
both federal and state convictions and consecutive sentences.

$ there are concerns about the effects of court testimony on a young witness's emotional
well-being (and federal law has been violated).

Unlike many states, it is possible to return a federal indictment on the basis of
uncorroborated hearsay, thereby obviating the need for a grand jury appearance. It
may also be possible to induce a defendant to plead guilty in return for a sentence to
federal prison (rather than state), thereby resolving all charges without a trial.

$ state substantive law and search and seizure laws are too restrictive.

Depending on the facts of a particular investigation, federal laws may be more
conducive to prosecution than corresponding state laws.

$ there is a potential to invoke criminal forfeiture provisions.

This may be possible in prosecutions under the child pornography statute (18 USC �
2253) or in prosecutions charging money laundering (18 USC �� 1956-1957) or RICO
offenses (18 USC �� 1961-1968), for which child pornography is a predicate offense.

When to request the assistance of a victim service provider:

$ it is clear that the case involves a victim under the age of 18.

When to report a case to the state child protection agency:

$ there is reason to believe a child is being abused, or is at risk of being abused.

In some jurisdictions, the child protection agency's authority may be limited to cases
involving a parent or caretaker suspect.

$ there is a need to access the central child abuse registry.

5.3 GUIDELINES FOR FEDERAL INVESTIGATORS AND PROSECUTORS

Most child sexual abuse cases are exclusively within the jurisdiction of state and local
agencies. Some large communities prosecute hundreds of child sexual abuse cases each year.
As a result, criminal justice and victim assistance personnel at the state and local levels possess
a tremendous amount of experience that can be tapped by federal investigators and prosecutors
when child sexual exploitation cases involve identifiable victims. The U.S. Postal Inspection
Service estimates that 30 percent of the child pornography cases they investigate uncover
evidence of ongoing or past child sexual abuse by the suspect.
Research underscores the need to limit the justice system's intrusion into the lives of young
victims. Federal law and the laws of many states seek to reduce the burden on child victims
in several ways:
$ by minimizing the number of investigative interviews and interviewers that young
victims must endure

$ by minimizing the number of court appearances required of young witnesses

$ by allowing certain alternative procedures to make the courtroom more "child-friendly"

$ by providing avenues of support for young victims

In multijurisdictional cases, federal investigators and prosecutors should work closely with
their counterparts in state and local agencies to invoke as many measures as possible to
support young victims in their role as witnesses.
A multidisciplinary approach to child sexual abuse has been adopted in communities
nationwide, and in fact is statutorily mandated or authorized in 31 states and under federal
law. Briefly, this model typically embraces the following goals:
$ providing better quality investigations and eliminating duplication of effort

$ educating all disciplines involved in responding to child abuse reports about the
dynamics of victimization, child development, and the criminal justice process as it
relates to children and youth

$ establishing and maintaining consistent reporting practices

$ ensuring sensitive treatment of the victim throughout the investigation and trial
process

To achieve these goals, many communities have established multidisciplinary teams to
concentrate greater attention and expertise on child sexual abuse cases. These teams
commonly represent, at a minimum, the major law enforcement agencies, victim assistance
personnel, the child protection agency, and the prosecutor's office in a given jurisdiction.
Additional members may include medical providers and mental health professionals.
In some jurisdictions, the teams meet as soon as possible following a report of child sexual
abuse to coordinate interviews with the victim and other aspects of the investigation. They
may continue to meet on a regular basis to review new cases, share information, and help
prosecutors arrive at a charging decision. Depending upon caseload, the teams may also
review the status of ongoing cases so that criminal justice personnel will be aware of
developments in the victim's family or living situation, and conversely, the child protection
and mental health workers will be aware of upcoming events in the courts.
It is unusual, however, for federal agencies to be represented on these teams. To the extent
possible, federal investigators and prosecutors should attend multidisciplinary team meetings
when they are addressing a multijurisdictional case. Increased knowledge about the
case,including, for example, the victim's circumstances and ability to testify,can inform
prosecutorial strategies. The flow chart on the following page depicts common points of entry
for child sexual abuse and exploitation cases in state and federal criminal justice systems,
showing the multidisciplinary team as a separate juncture in the investigation process.

When to request the assistance of state or local law enforcement authorities:
$ there is information that a child is being abused or that abuse is imminent.

Many states impose lengthy prison sentences for child sexual abuse offenses.

$ a report of suspected child abuse is mandated under the Victims of Child Abuse Act of
1990 when occurring on federal land. Failure to report is a Class B misdemeanor.

". . . Information concerning ongoing or imminent child abuse. . . must be
immediately referred to the appropriate local agency for attention, notwithstanding the
possible adverse effect that premature action would have on any federal
investigation." (emphasis added)

Local law enforcement will, in turn, file the requisite reports to the mandated child
protection agency and contact a local victim assistance program, if appropriate.

$ pornography depicts children or youth who may be identifiable.

$ additional predisposition is desired before targeting a suspect for a proactive child
pornography or sexual exploitation sting.

Local background checks may reveal evidence of predisposition which is necessary to
thwart challenges based on entrapment or outrageous government conduct.

$ a case under investigation falls within the geographic jurisdiction of a state or local law
enforcement agency, as a courtesy.

When to request the assistance of victim service providers:

$ a young victim or witness must be interviewed.

$ a young victim requires medical attention or mental health services (even if the case
will not be prosecuted), or any of a full range of support services.

$ a young victim must testify.

Particularly where there is no supportive family member, a victim advocate or court-
appointed guardian ad litem should be permitted to accompany the victim to all
proceedings in both federal and state courts.

$ a young victim needs access to other forms of redress (e.g., civil suits, restitution,
victim compensation, etc.)

Victim assistance personnel in federal agencies are best qualified to assist victims of
federal crimes in their claims for compensation and restitution, and to help federal
crime victims and witnesses understand the federal court process. They may consult
with their counterparts in state or local agencies when seeking community-based
services, or when interviewing a victim or preparing a victim to testify.

5.4 GUIDELINES FOR FEDERAL VICTIM SERVICE PROVIDERS

With the exception of some military cases, victim/witness coordinators in federal agencies are
not authorized to provide direct counseling, therapy, treatment, or medical services. At the
same time, they handle a wide variety of cases, and only a small fraction involve children or
youth as victims or witnesses. As a result, the victim/witness coordinators may not have a
large network of ancillary resources for this particular population. Conversely, some state and
local criminal justice agencies handle so many child sexual abuse cases that the victim service
providers employ specialists. These individuals possess a great deal of knowledge and
resources that should be tapped to assist young victims of federal crimes.

When to request the assistance of victim service providers in prosecutors' offices, police
departments, and/or community agencies:

$ child exploitation victims require medical or mental health services.

$ young victims require assistance with state victim compensation claims.

5.5 GUIDELINES FOR STATE AND LOCAL VICTIM SERVICE PROVIDERS

Because a federal investigation and prosecution may proceed concurrently with state
investigation and prosecution, it is important for victim assistance providers to coordinate their
services to avoid duplication and to fill apparent gaps.

When to request the assistance of the U.S. Attorney's victim/witness coordinator:
$ young victims require information about their rights under federal law.

$ young victims require information about the availability of restitution in the federal
system.

$ young victims require notification of key events in the federal case:
- arrest of the offender
- filing of charges
- scheduling of court proceedings
- release of the offender
- plea agreements
- trial verdicts

$ young victims are likely to testify in federal court.

Although victim assistance providers who work in state and local agencies are
often relied upon to shepherd young witnesses through the intricacies of the
state courts, they may be unfamiliar with the federal court structure and process.

6. SAMPLE CASES OF CHILD SEXUAL EXPLOITATION

To highlight the complexity of investigating child sexual exploitation cases and the critical role
of victim services, this section offers examples of four prototypical cases: child prostitution,
computer exploitation, a child pornography sting, and a sexual abuse case with pornography of
young victims. Each sample case includes a brief case summary describing what may be
considered an "optimal" response. This summary is followed by annotations pointing out
selected issues for additional consideration, e.g., special challenges or alternative solutions to
common problems. Together, these four cases incorporate a range of scenarios that may be
present in any given child sexual exploitation case.

6.1 CASE 1: CHILD PROSTITUTION

While processing a young woman arrested during a routine police sweep for prostitution, a
police officer noticed that her identification was altered. Upon questioning, the girl admitted
that she was 15 years of age and had been given a forged driver's license by her "boyfriend."
The "boyfriend," who was 32 years of age, was arrested when he came to the precinct house
to post bail for the girl. A check of his arrest record revealed that he had a criminal record for
minor drug charges and breaking-and-entering in a neighboring state.
Additional questioning of the girl revealed that she had met the man she called her
boyfriend in the neighboring state after she had run away from home. He had convinced her
that easy money could be made through prostitution and had paid for her bus ticket to the city
in which the arrest was made. Because state lines had been crossed, the U.S. Attorney's
Office and the FBI were notified.
Given the girl's age and history, a decision was made (and approved by the local
prosecutor) not to prosecute her on the prostitution charge if she would testify against her pimp
on the federal charges. However, a records check revealed that the girl was a ward of the
court in her city of origin, and had a history of running away from home, public drunkenness,
and minor drug offenses, and was subject to an outstanding warrant for grand theft auto, as she
had taken her stepfather's car when she left home. Because of this, the girl was placed in
secure detention until arrangements could be made to return her to the Division of Youth
Services in her home state.
Upon hearing that she was going to be returned to her home state, the girl alleged that she
had run away from home because of sexual abuse by her stepfather. A report of these
allegations was forwarded to both the Division of Youth Services and the Police Department in
her city of origin. There, the police filed a report with the child protection agency which
convened a multidisciplinary child abuse team to investigate the charges. The child protection
agency arranged to place the girl in foster care upon her return to her city of origin.
Meanwhile, the U.S. Attorney's Office was preparing its case against the "boyfriend." The
Victim/Witness Coordinator in the U.S. Attorney's Office worked closely with the Victim
Assistance Unit of the local prosecutor's office to arrange support services for the girl when
she returned to testify against her pimp. The Victim Assistance Office in her city of origin,
which has a representative on the multidisciplinary child abuse team, provided similar services
during all proceedings involving the stepfather. The juvenile court in that city deferred action
on the charges involving theft of the car until the child abuse charges were resolved.

Annotations

1. While only a minority of runaway children and youth turn to prostitution, the majority of
prostitutes (especially female prostitutes), begin as runaways. Many of these girls have been
sexually abused in their homes, and this abuse is often one of the reasons they leave.
However, the emotional effects of sexual abuse often lead to further sexual victimization
outside the home, along with other delinquent activities, including the abuse of alcohol and
other drugs, shoplifting, and theft. Thus, these youth often have past negative experiences
with law enforcement, the courts, and child protection agencies. They may have criminal
records, which make it easy for defense attorneys to attack their credibility as
victims/witnesses. They may also have histories involving foster parents, probation officers,
youth-service workers, and counselors.

2. Several different types of offenders exploit runaway and homeless youth. Some are pimps
who seduce or intimidate young girls into prostitution. (It is far less common for males who
engage in prostitution to have a pimp.) However, the girl often thinks of this individual as a
protector, lover, or surrogate family member rather than an exploiter and therefore will be
reluctant or even afraid to testify against him. Others who exploit runaway youth include
customers who trade shelter, drugs, food, or money for sex. Again, the young runaway may
not think of such a relationship as prostitution, but rather will think of the older individual as a
�boyfriend� or �sugar daddy,� and see no reason to assist police or prosecutors in their efforts
to bring charges against their perceived benefactors.

3. Youth who have run away from home are in need of a wide range of services, both
immediate and long-term. Living on the streets is an inherently unhealthy situation. Many of
these youth will be suffering from exposure, malnutrition, the effects of the abuse of alcohol
and other drugs, as well as sexually transmitted diseases. Any of these conditions can affect
their ability to function as witnesses. Runaway and homeless youth mistrust adults in general
and those in law enforcement or other state agencies in particular. Establishing the trust
necessary to link these youth with services and obtain their cooperation in prosecuting their
exploiters is often difficult. Victim assistance professionals may be able to overcome these
barriers and refer the youth to appropriate service providers, thereby freeing up police and
prosecutors to focus on other aspects of the case.

4. Victim/witness coordinators in a U.S. Attorney's Office characteristically provide
assistance to a victim or witness in navigating legal proceedings. They inform the victim or
witness of changes in the trial schedule and provide support during the proceedings.
Victim/witness staff in local courts, prosecutors* offices, police departments or community-
based agencies generally provide court-based services as well as referrals to a broad range of
mental health and support services to help victims cope with the psychological and emotional
consequences of their victimization and the legal process.

5. The placement of children and youth who have been involved in prostitution is a complex
issue. Some may require secure detention, for several reasons. Many of these youth have
histories of running from non-secure facilities. A secure facility may also be their best
protection from pimps. Many programs for runaway and homeless youth do not mix chronic
runaways and �first-timers� in the same facility, for fear that the older, more experienced
youth may victimize or be a negative influence on their younger peers. However, nonsecure
placement may be a preferable option if there is a program with particular experience in
meeting the needs of youth who have been involved in prostitution. Both the characteristics of
the youth and the community's placement resources need to be considered when choosing a
placement or deciding whether delinquency proceedings or other court action may be
warranted. These issues may be suitable for consideration by the community's
multidisciplinary team. Ideally, placement issues and options should be researched and
resolved before the need arises to facilitate swift decision-making when a prostitution case is
revealed.

6. In this case scenario, the victim required transportation between her city of origin and the
federal court in another state. Federal agencies, particularly the U.S. Marshal's Service, may
be able to provide this service.

6.2 CASE 2: COMPUTER EXPLOITATION

A police precinct received a call from a woman who found that her 12 year old son had been
receiving sexually explicit messages via a sports-oriented computer bulletin board. She and
her husband had demanding jobs and could not spend much time with their son, nor did they
share his interest in sports. The son was not very outgoing and had few friends. He spent
much of his time in his room with his computer. The messages, purportedly received from
another 12 year old boy, included graphic descriptions of sexual experiences, offers to send
pornographic pictures via electronic mail, and suggestions that the two boys meet for some
"fun." The messages also urged her son not to reveal this correspondence to his parents or
anyone else, as they would "not understand" the friendship.
The investigating officer contacted a state police expert in computer crime, who in turn
contacted the field office of the FBI. A check with the telephone company revealed that the
number of the computer bulletin board was registered to a 28 year old man whose rap sheet
included several convictions for indecent exposure. Investigators consulted with the county
prosecutor and the U.S. Attorney's Office, and the prosecutor drafted a search warrant for the
man's home. This warrant specified the seizure of all photographs, videotapes, and computer
files, as well as any and all equipment that could be used to create, store, or transfer these
materials.
The search of the suspect's home was conducted by a team from the local police, state
police, FBI, and the prosecutor's office. This approach allowed both federal and state crimes
to be pursued. A small collection of child pornography was seized, along with a number of
nonpornographic photographs of boys, including some picturing the boys with the suspect.
The archived messages in the suspect's computer revealed that he was corresponding with a
number of young boys he had met through the bulletin board. Material contained in a database
in the suspect's computer led to the identification of some of the boys in the photographs.
Questioning by the child abuse unit, with help from the victim assistance staff, revealed that at
least two of these boys had engaged in sexual activities with the suspect.
The suspect ultimately pled guilty to several counts of statutory rape and agreed to
cooperate with the police in identifying all of his victims as well as the sources of his child
pornography. The victims were referred to community mental health agencies for counseling.

Annotations

1. Children and youth who become the victims of computer-initiated crimes often have similar
characteristics to those who become the victims of other forms of sexual exploitation. They
tend to be emotionally vulnerable, withdrawn from their peers, and often the children of
parents who do not have the desire or capacity to spend much time with them. Victim
assistance personnel can be particularly effective in assessing and meeting the emotional needs
of these youngsters and their parents, who often blame themselves for their children's
victimization. These parents may require help before they can more effectively support their
children.

2. Because both privacy and wiretap statutes govern various aspects of the investigation of
computer crimes, specialized expertise is required for writing and executing a search warrant
involving computers. This is to ensure that all material stored in electronic formats (e.g., on
hard drives, disk drives, and tape back-up systems) can be searched and seized, and to
circumvent any system in place to destroy this material upon seizure. Prosecutors should be
consulted in drafting these warrants. Assistance may be obtained from other enforcement
officers expert in the investigation of computer crime (including embezzlement and gambling),
or from federal or state agents assigned to these cases.
It is especially important to note that federal law creates personal civil liability for state and
local investigators when seizing computer equipment in certain circumstances (Title 42 �
2000aa). Further, many state laws governing privacy and wiretap protections are even more
restrictive than the federal law.

6.3 CASE 3: A CHILD PORNOGRAPHY STING

An informant in a child prostitution case revealed to the police that he knew of a man in
another state who claimed he could procure child pornography. This information was passed
on by the local police to a U.S. Postal Inspector. The Postal Inspector asked the U.S.
Customs Service to see if they had any information on this suspect. They also asked the police
department in the suspect's home town for information.
Postal Inspection Service intelligence files revealed that the suspect had been included on
the address/customer lists of several persons convicted of possessing and distributing child
pornography, although the suspect himself had never been charged with such an offense. The
police in the suspect's hometown reported that the suspect was currently on probation for a
count of child molestation. He was currently involved in group counseling for sex offenders
and also reported to a probation officer once a week.
The Postal Inspector began corresponding with the suspect under the guise of being a
collector of youthful erotic art. This correspondence continued, with the suspect subsequently
advising that he might be able to provide both photographs and videotapes of children and
teens performing sexual acts once he had ascertained that his correspondent was not an
"undercover agent." The Postal Inspector asked the suspect to detail what type of material he
was specifically interested in (e.g., ages, type of sexual activity) and what exactly the suspect
had available to exchange. Based on the suspect's response, the Postal Inspector sent the title
pages of several archived, commercially-produced child pornography magazines, photocopied
in such a manner as to display only the titles. Also provided were the titles of archived,
commercially-produced, child pornography 8mm film transferred to videotape.
The suspect then wrote the Postal Inspector and specifically requested several of these
items. He further offered not only to provide the Inspector with original child pornography,
but also to introduce the Inspector to young children whom the Inspector could photograph.
Based upon this evidence, a controlled delivery was arranged and executed by the Postal
Inspector and the local police department. Because of the possibility that children may be
present in the suspect's house, members of the victim assistance office of the local prosecutor's
office were also on hand. A search warrant was obtained promptly following receipt by the
suspect of the controlled delivery material.
This search revealed a large collection of foreign-produced child pornography, plus an
extensive collection of correspondence with other men sharing a sexual interest in young
children. Some of this material is known to have originated in Southeast Asia. The suspect's
collection also included Polaroid photographs of very young children in sexually explicit poses
with adults. The child abuse unit of the local police department was unable to identify any of
these children.
The suspect's probation on the state child molestation charge was revoked and he was sent
to prison to serve the remainder of his sentence. The suspect also pled guilty to federal
charges of possession and knowing receipt of child pornography and agreed to cooperate in an
investigation of the man from whom the suspect had obtained the Polaroids. This man was
found to have prior convictions for child molestation and is suspected of participating in
organized activities with other child molesters in a four-state area. This second suspect later
became the subject of an extensive investigation by a joint task force involving Postal
Inspectors, the FBI, the U.S. Attorney's Office, and a number of local and state police
agencies. The Postal Inspectors began to investigate other men with whom the suspect had
corresponded by initiating a correspondence with them.

Annotations

1. It is good practice to document at least two examples of predisposition prior to embarking
upon an operation of this type to avoid an entrapment defense.

2. The goal of proactive investigations is to identify child molesters and seize child
pornography, since many preferential child molesters also produce, collect, trade, or sell child
pornography. Another goal is to identify victims of child sexual exploitation. The proactive
investigation attempts to get the suspect to reveal his illegal activity and to identify current and
past victims. This is accomplished by having the investigator assume the role of another child
molester to gain the suspect's trust.

3. The local police should always be contacted before executing a controlled delivery,
especially if there is any indication that children or youth may be present in the suspect's
home. This is both a courtesy and pragmatic, as the knowledge of local police of the suspect
and/or victims can be essential to such an operation. Local police can arrange for child
protection or victim service workers to provide crisis intervention and support services in the
event that young victims are present.

4. There are a number of resources available to help identify children or youth depicted in
pornographic materials. These include the U.S. Postal Inspection Service (whose child
pornography experts can sometimes recognize material as having been involved in another
case), the U.S. Customs Service, and the FBI.

5. While some collectors of child pornography never actually molest children, many do.
Thus, any investigation involving child pornography (especially that of very young children)
needs to be thought of as potentially an investigation of child sexual abuse. If the suspect
states, in telephone or mail correspondence, that he has molested a child or is currently
molesting a child, every attempt should be made to identify the victim. Law enforcement in
the city where the suspect resides must be contacted IMMEDIATELY so they can take the
necessary steps to protect children and youth at risk and obtain services for identified victims.
Waiting for the suspect to send child pornography may only lead to a child being further
victimized.

6. Many child pornographers and preferential child molesters have a strong need to validate
their behavior by communicating with others who share their sexual interests. Investigators
should be alert to the possibility of uncovering larger networks in such cases. The FBI can be
helpful in investigating large-scale multi-state networks or operations involving young victims.

6.4 CASE 4: SEXUAL ABUSE AND PORNOGRAPHY

A 15 year old girl confided to her teacher that she had been molested by her uncle. The girl
also claimed that her uncle had photographed her in the nude. When these allegations were
reported to the child protection agency, and before conducting any interviews with either the
girl or the alleged offender, the multidisciplinary child abuse team was convened. This team
consisted of representatives from child protective services, the child abuse unit of the police
department, the prosecutor's office, and the victim assistance program.
A search warrant was obtained and executed. During the search of the uncle's house, a
small collection of pictures of young people, some naked and in sexually explicit poses, was
discovered. Some of these photographs were of the girl who had made the allegations. Others
were of her 13 year old male cousin (the suspect's son). There were others in the photographs
whom neither the investigating officers nor the girl's parents could identify.
The victim assistance program referred the girl and her parents to a nearby hospital for a
medical examination and to a community mental health agency for counseling. They also
assisted the girl and her parents to prepare for all legal proceedings. The child protection
agency removed the suspect's son from his home and placed him in foster care.
An inquiry into possible sexual abuse of the cousin was begun, involving the child abuse
unit as well as child protective workers. The investigating officers could not identify any of
the other people in the photographs. Because this case occurred in a state that lacks a statute
prohibiting possession of child pornography, the U.S. Attorney's Office and the FBI were
contacted to begin an investigation of violations of federal law. Based on their investigation,
the suspect was arraigned on charges of violating federal child pornography laws.

Annotations

1. A multidisciplinary team for the investigation of child sexual abuse offers a number of
advantages. It reduces the number of times a young victim is interviewed and thus reduces
trauma to the child. It also allows a number of agencies to communicate and bring their
particular perceptions, expertise, and resources to bear upon the case. In this scenario, the
early team meeting enabled the investigation to proceed without alerting the suspect prior to
obtaining a search warrant. This allowed police to seize pornography which otherwise may
have been removed or destroyed.

2. State law mandates the involvement of the child protection agency in any case in which
allegations of sexual abuse are made against relatives or members of a child's household. The
child protection agency will conduct an investigation to determine if removal of the children
from the household is warranted. The child protection agency can also provide or refer young
victims to therapeutic services. While victim assistance agencies can also refer children and
youth for mental health services, they have no authority to remove them from their homes, if
they are found to be in danger. These agencies can, however, support young victims (and
non-offending parents or guardians) as they negotiate the legal system during proceedings
against the adults accused of exploiting them. Such support generally falls outside the
jurisdiction of child protection agencies. In many states, child protection agencies do not have
a role in cases in which children or youth have been exploited by someone not in their
household or immediate family.

3. When investigating reports of child sexual abuse, local police and child protection workers
must be aware of the potential for recovering child pornography, which may support additional
state or federal charges. In a scenario like the one described above, it may be possible to
obtain consecutive sentences for the state charge of child sexual abuse and the federal charge
of child pornography. Pornographic materials may also reveal additional victims or suspects.

4. If this case had not involved two identified victims, it may have been necessary for
investigators to seek expert medical opinions as to the age of the individuals who were
depicted in the photographs. Pornographic material depicting anyone under the age of
18,even older adolescents,is still considered child pornography by law.

7. RESOURCES

7.1 SOURCES OF TRAINING AND TECHNICAL ASSISTANCE

Child Exploitation and Obscenity Section
U.S. Department of Justice
1001 G Street, NW, Suite 310
Washington, DC 20530
(202) 514-5780

The Child Exploitation and Obscenity Section of the Department of Justice oversees the federal
response to child sexual abuse and exploitation. Prosecutors who are experts in these areas are
available to consult with federal, state, and local prosecutors and investigators on investigative
techniques and strategies, litigation, and trial techniques and strategy. The Section also
participates in training programs for federal prosecutors and investigators, which are often
open to state and local officials. Section attorneys are authorized to conduct prosecutions
throughout the United States and oversee all national investigative efforts. Section attorneys
also review all federal search warrants involving the seizure of computers in child sexual abuse
and exploitation cases.

The Office for Victims of Crime
U.S. Department of Justice
633 Indiana Avenue, NW
Washington, DC 20531

The Office for Victims of Crime (OVC) serves as the Justice Department's chief advocate for
America's crime victims. OVC provides training and technical assistance through various
grants and contracts and funds the OVC Resource Center. OVC's Trainer's Bureau makes
speakers/trainers available to agencies needing high quality training or short term technical
assistance. Special consideration is given to requests where the assistance would build inter-
agency or multidisciplinary capacity to deliver services. OVC also provides District Specific
Training funding to U.S. Attorney's offices who request training assistance for federal
criminal justice personnel.

National Center for Prosecution of Child Abuse
American Prosecutors Research Institute
99 Canal Center Plaza, Suite 510
Alexandria, VA 22314
(703) 739-0321

The National Center for the Prosecution of Child Abuse serves as a central resource for
prosecutors and other child abuse professionals responsible for handling criminal child abuse
cases. The NCPCA sponsors training conferences on investigating and trying child abuse
cases, on abuse-related deaths, and on parental abductions. It publishes the manual
Investigation and Prosecution of Child Abuse and UPDATE, a monthly newsletter; maintains
an extensive library and automated legal database; and provides information to prosecutors and
others seeking technical guidance in preparing cases for court.

National Center for Missing and Exploited Children
2101 Wilson Boulevard, Suite 550
Arlington, VA 22210-3052
(703) 235-3900

The National Center for Missing and Exploited Children serves as a clearinghouse of
information; provides technical assistance to citizens and law enforcement agencies; offers
training programs to law enforcement and social service professionals; distributes photographs
and descriptions of missing children; coordinates child protection efforts with the private
sector; and provides information on effective state legislation to ensure the protection of
children. The Center maintains a Child Pornography Tipline in which workers are trained to
receive and refer calls providing information that may assists a federal, state, or local
investigation.

National Center for State and Local Law Enforcement Training
Fox Valley Technical College
Criminal Justice Department
P.O. Box 2277
Appleton, WI 54913-2277
(800) 648-4966

Through this contractor, the Office of Juvenile Justice and Delinquency Prevention offers three
courses relevant to investigation of child sexual exploitation:

(1) Child Abuse and Exploitation Investigative Techniques

This course is designed to enhance the skills of experienced law enforcement and other justice
system agencies including child protective services involved in the investigation of child abuse,
sexual exploitation of children, child pornography, and missing children cases. The training
provides valuable information in the areas of recognizing the signs of physical/sexual abuse,
evidence collection and preservation, case preparation for prosecution, interviewing
victims/offenders, liability issues, and investigating techniques for abuse and missing children
cases.

Target audiences: Law enforcement investigators, child protective services workers, and
other juvenile justice system officials involved in the investigation of child abuse, exploitation,
and missing children.

(2) Missing and Exploited Children

This course is intended as a complement to the Child Abuse and Exploitation offering and
presents more advanced concepts regarding the investigative process for the experienced
investigator. Interagency development/process, advanced interviewing techniques, advanced
techniques for missing children cases, and advanced techniques for child exploitation are
covered in this course.

Target audience: Experienced law enforcement investigators and other juvenile justice system
officials involved in the investigation of child abuse, exploitation and missing children.
Participants for this course must have attended Child Abuse and Exploitation.

(3) Child Abuse and Exploitation Team Investigation Program

CAE-TIP is an intensive "team" program designed for a four member local team. The focus of
this program is the development of an interagency process and protocols for the enhanced
enforcement, prevention and intervention of child abuse cases. Hands-on, team activity
involving investigations, case preparation and prosecution form the basis of this fact-paced
offering. Teams are assisted in the development of their own interagency implementation plan
for the improved management and investigation of these important and sensitive cases.

Target audience: Participants for this course are four member local teams represented by law
enforcement, prosecution, social services, and medical (optional).

Regional Information Sharing Systems (RISS)

RISS is a federally-funded program to support law enforcement efforts to combat organized
criminal activity, drug trafficking, and white collar crime. It can provide law enforcement
agencies with a broad range of intelligence and investigative support service including a
centralized data base, analysis of investigative data, specialized investigative equipment on
loan, confidential funds, technical assistance, training, and access to a telecommunications
system. There are six regional centers, as follows:

New England State Police Information
Network
75 Second Avenue, Suite 100
Needham, MA 02194
(617) 449-5757
(ME, VT, NH, MA, CT, RI)

Mid-States Organized Crime Information
Center
No. 4 Corporate Centre, Suite 205
Springfield, MO 65804
(417) 883-4383
(ND, SD, NE, KS, MN, IA, MO, WI, IL)

Western States Information Network
P.O. Box 903198
Sacramento, CA 94203-1980
(916) 263-1166
(AK, HI, WA, OR, CA)

Middle Atlantic-Great Lakes Organized
Crime Law Enforcement Network
850 Bear Tavern Rd., Suite 206
West Trenton, NJ 08628
(609) 530-0585
(MI, IN, OH, PA, NY, NJ, MD, DE)

Rocky Mountain Information Network
3802 North 53rd Ave., Suite 301
Phoenix, AZ 85031-3019
(602) 245-4180
(MT, ID, WY, NV, UT, CO, AZ, NM)

Regional Organized Crime Information
Center
545 Marriott Dr., Suite 850
Nashville, TN 37210
(615) 871-0013
(OK, TX, AR, LA, KY, TN, MS, AL,
WV, VA, NC, SC, GA, FL)

National Organization for Victim Assistance
1757 Park Road, NW
Washington, DC 20010
(202) 232-6682

NOVA is a private, nonprofit organization of victim and witness assistance programs and
practitioners, criminal justice and mental health professionals, researchers, former victims and
survivors, and others committed to the recognition and implementation of victim rights.
NOVA has an active membership of 3,500 agencies and individuals and provides victim
assistance to over 10,000 victims each year. NOVA staff members have conducted hundreds
of trainings and published numerous curricula, books, and articles related to young victims.

National Victim Center
2111 Wilson Boulevard, Suite 300
Arlington, VA 22201
(703) 276-2880

The National Victim Center was founded in 1985 by the children of Sunny von Bulow, to
honor their mother, to promote the rights and needs of violent crime victims, and to educate
Americans about the devastating effect crime has on our society. In conjunction with the U.S.
Department of Justice, the Center has developed extensive training programs to improve the
justice system's response to victims through law enforcement, prosecution, the judiciary,
community and institutional corrections, and civil remedies. Additional programs help
improve rights and services for victims of child abuse, child abduction, sexual assault,
domestic violence, elder abuse, hate violence, drunk driving, and survivors of homicide
victims.

7.2 PUBLICATION SOURCES

National Clearinghouse on Child Abuse and Neglect
P.O. Box 1182
Washington DC 20013-1182
(800) 394-3366 or (703) 385-7565

National Clearinghouse on Runaway and Homeless Youth
P.O. Box 13505
Silver Spring, MD 20911-3505
(301) 608-8098

National Crime Prevention Council
1700 K Street N.W., 2nd Floor
Washington, DC 20006-3817
(202) 466-6272

National Institute of Justice
National Criminal Justice Reference Service
Box 6000
Rockville, MD 20850
(800) 851-3420

Juvenile Justice Clearinghouse
1600 Research Boulevard
Rockville, MD 20850
(800) 638-8736

Office for Victims of Crime Resource Center
Box 6000
Rockville, MD 20050
(800) 627-6827

National Resource Center for Youth Services
The University of Oklahoma
202 West Eighth
Tulsa, OK 74119-1419
(918) 585-2986

National Resource Center on Child Sexual Abuse
107 Lincoln Street
Huntsville AL 35801
(205) 534-6868

7.3 SELECTED REFERENCES

Child Pornography

Attorney General's Commission on Pornography, Final report. Nashville, TN: Rutledge Hill
Press, 1986

Burgess, Ann. Child pornography and sex rings. Lexington, MA: Lexington Books, 1984

Burgess, Ann, and Grant, Christine. Children traumatized in sex rings. Arlington, VA:
National Center for Missing and Exploited Children, March 1988

Davidson, Howard, and Loken, Gregory. Child pornography and prostitution: Background
and legal analysis. Arlington, VA: National Center for Missing and Exploited Children,
October 1987

Lanning, Kenneth. Child sex rings: A behavioral analysis for criminal justice professionals
handling cases of child sexual exploitation. 2nd edition. Arlington, VA: National Center for
Missing and Exploited Children, April 1992

Lanning, Kenneth. Child molesters: A behavioral analysis for law-enforcement officers
investigating cases of child sexual exploitation. 3rd edition. Arlington, VA: National Center
for Missing and Exploited Children, December 1992

Child Prostitution

Cohen, Marcia. Identifying and combating juvenile prostitution: A manual for action. Tulsa,
OK: National Resource Center for Youth Services, 1987

Davidson, Howard, and Loken, Gregory. Child pornography and prostitution: Background
and legal analysis. Arlington, VA: National Center for Missing and Exploited Children,
October 1987

Female juvenile prostitution: Problem and response. Arlington, VA: National Center for
Missing and Exploited Children, December 1992

Hotaling, G., and Finkelhor, D. The sexual exploitation of missing children: A research
review. Washington, D.C.: Office of Juvenile Justice and Delinquency Prevention, U.S.
Department of Justice, 1988

Powers, Jane Levine, and Jaklitsch, Barbara Weiss. Understanding survivors of abuse.
Lexington, MA: Lexington Books, 1989

Weisberg, D. Kelly. Children of the night: A study of adolescent prostitution. Lexington, MA:
Lexington Books, 1985

Other Issues

Investigation and prosecution of child abuse. (Second edition). Alexandria, VA.: National
Center for Prosecution of Child Abuse, American Prosecutors Research Institute, National
District Attorneys Association, 1993

Finn, P. and Lee, B. Serving crime victims and witnesses. Washington, DC: U.S.
Department of Justice, 1987.

Pence, Donna, and Wilson, Charles. Team investigation of child sexual abuse: The uneasy
alliance. Thousand Oaks, CA: Sage Publications, Inc., 1994

Posner, Marc. Working together for youth: A guide to collaboration between law enforcement
agencies and programs that serve runaway and homeless youth. Tulsa, OK: National Resource
Center for Youth Services, 1994

Spaulding, William. Interviewing child victims of sexual exploitation. Arlington, VA: National
Center for Missing and Exploited Children, February 1987

Whitcomb, Debra. When the victim is a child. (Second edition). Washington, DC: National
Institute of Justice, March 1992

Statutory or forcible rape of minors is also included in most definitions of child sexual exploitation, but does
not fall within the scope of these guidelines.
This information was provided by Ruth Nordenbrook, Senior Litigation Counsel, Office of the U.S. Attorney,
Eastern District of New York.
Some of the content in this section is based upon material authored by Noy S. Davis of the American Bar
Association Center on Children and the Law, which appears in Chapter 3 of the Program to Increase
Understanding of Child Sexual Exploitation, Assessment Report by Debra Whitcomb and others. Submitted to the
U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, under Grant No. 92-MC-CX-
0008.
This analysis builds upon that in Child Pornography and Prostitution: Background and Legal Analysis by
Howard Davidson and Gregory Loken, published by the National Center for Missing and Exploited Children.
Statutory compilations were provided by the National Center for Prosecution of Child Abuse, American
Prosecutors Research Institute, October, 1994.
Child pornographers are not always active child molesters. Conversely, many child molesters are not
involved in child pornography. Both types of offenders may use the U.S. Mail to correspond with others who
share their interests.
Finn, P. and Lee, B. (1987). Serving Crime Victims and Witnesses. Washington, DC: U.S. Department of
Justice, pps. ix, 26.
Finn, P. and Lee, B. (1987), pp. 4, 64-72.
Hotaling, G., and Finkelhor, D. (1988). The sexual exploitation of missing children: A research review.
Washington, DC: Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice.
Investigation and Prosecution of Child Abuse (Second Edition). Alexandria, VA: National Center for
Prosecution of Child Abuse, American Prosecutors Research Institute, National District Attorneys Association,
1993.
Personal communication with Ray C. Smith, U.S. Postal Inspection Service, Fraud and Prohibited Mailings
Group, Washington, D.C.
Victims of Child Abuse Act of 1990.
Statutory compilations were provided by the National Center for Prosecution of Child Abuse, American
Prosecutors Research Institute, October, 1994.
Investigation and Prosecution of Child Abuse (Second Edition). Alexandria, VA: National Center for
Prosecution of Child Abuse, American Prosecutors Research Institute, National District Attorneys Association,
1993.
U.S. Postal Inspection Service Investigation Manual.