Message to the Congress
Transmitting Proposed Legislation on Child Protection and Obscenity Enforcement
To
the Congress of the
I
am pleased to transmit today for your immediate consideration and enactment the
``Child Protection and Obscenity Enforcement Act of 1987.'' This bill is a
direct outgrowth of a deep concern this Administration has had about the
effects of obscenity and child pornography in our Nation. In 1984 I signed
legislation isolating child pornography as a uniquely tragic and distinct
criminal offense. The bill I now present expands on these concerns, addressing
both child pornography and adult obscenity. The goals of this proposed
legislation are twofold: first, to update the law to take into account
technologies newly utilized by the pornography industry; and second, to remove
the loopholes and weaknesses in existing Federal law, which
have given criminals in this area the upper hand for far too long.
A
little over 3 years ago, I announced the creation of a national commission to
study the scope and nature of pornography in the
In
the last several years, distributors of obscenity and child pornography have
expanded into new areas. They are employing new technologies and reaching new
audiences. This is how any business grows and develops, except that this business
is illegal. Neither our Constitution, our courts, our people,
nor our respect for common decency and human suffering should allow the
trafficking in obscene material -- which exploits women, children, and men
alike -- to continue. With this bill, and the implementation of the Attorney
General's seven-point plan -- in which the creation of the National Obscenity
Enforcement Unit is the centerpiece -- this Administration is putting the
purveyors of illegal obscenity and child pornography on notice: your industry's
days are numbered.
The
``Child Protection and Obscenity Enforcement Act of 1987'' proposes changes in
11 basic areas. A brief overview of these proposals will demonstrate the
loopholes and weaknesses in existing law that this bill so admirably addresses.
Sexual
Exploitation of Children Through Child Pornography
Use of computers in child pornography. Child molesters,
pedophiles, and collectors of child pornography have developed a complex,
computerized, nationwide network to traffic in child pornography. This bill
would clarify the existing sexual exploitation of
children statutes to prohibit the use of computers for such deviant purposes.
Buying
or selling of children to produce child pornography. Sadly, current Federal law
does not forbid a parent or other adult with custody of a minor from selling
that child for use in the production of pornography. When this bill is passed,
a grievous situation will have thus been corrected.
Record-keeping requirements. Many of the individuals
addicted to pornography are attracted to obscene depictions of children. To
meet this demand, pornographers have often used minors to produce sexually
explicit materials. This violates Federal laws that protect all persons under 18 years of age from exploitation. But because
pornographers have not been required to keep appropriate records, proof of age
has often been impossible. This bill will mandate the keeping of verifiable
records as to the actual age and identity of each performer. If a producer fails
to keep such records, or if a distributor sells the material without it
containing a statement as to where such records may be found, the burden in any
subsequent criminal prosecution will be on him or her to prove the performer
was not a minor.
Child pornography and organized crime. There is a growing
commercial market for child pornography in this country. Much of it is produced
and distributed by networks of pedophiles and child molesters who are well
organized. It is therefore appropriate for this bill to amend the RICO statute
to include child pornography offenses. The RICO (Racketeer Influenced and
Corrupt Organizations) statute, which was amended in 1985 to include obscenity,
is a tool long needed by prosecutors of the highly organized, multi-billion
dollar pornography industry. It provides strong criminal penalties and fines
and brings forfeiture provisions into play, allowing the seizure and sale of
all assets used in or obtained through organized criminal activity.
Obscenity
Receipt or possession of obscene matter for sale
or distribution.
Another loophole that has long needed closing is the fact that, while it is
currently illegal under Federal law to transport obscene material over State
lines, it is not illegal to receive or possess that same material with intent
to sell it or transfer it, or to offer to do so. This bill will close that
loophole tight.
``Syndicate
buster'' amendments. Organized crime controls the majority of the obscenity
market. According to law enforcement estimates, organized crime's revenues in
these areas exceed seven to ten billion dollars per year. A set of three
``Syndicate Buster'' amendments will block these illicit enterprises from
taking advantage of additional inconsistencies in existing Federal law. When passed,
the first of these amendments will prohibit the use of Federal roads,
interstate railroads, motor vehicles, boats, airplanes, or other methods for
obscenity trafficking across State lines. The second will inject a little
common sense into the law by allowing a jury to presume, without the
prosecutors having to prove it, that obscenity produced in one State and now
located in another State has in fact travelled in
interstate commerce. This will apply in similar fashion to material produced in
a foreign country. The third of these amendments will make illegal in and of
itself any interstate or international activity or communication regarding the
furtherance of acts that are illegal under State or Federal obscenity and child
pornography laws. This means, for example, that an interstate phone call from a
retailer to a distributor regarding an interstate shipment of obscenity would
itself be a criminal offense, as would be the use of the mails to pay for such
a shipment.
Obscenity forfeitures. Civil and criminal
forfeiture provisions for Federal obscenity violations are also provided for in
the bill. It has been proven time and again that the best way to dismantle any
organized criminal operation is to confiscate its ill-gotten gains. Prosecution
of national and international drug cartels has underscored this point on
numerous occasions. Forfeiture also provides much-needed funds and equipment to
the Federal efforts and, as in drug forfeiture, allows for sharing of forfeited
assets with State and local law enforcement organizations involved in joint
investigations.
Possession and sale of obscene material and
child pornography on Federal properties. Today, there are seven States that have
no obscenity laws whatsoever (
Adding obscenity to the wiretap statute. When it comes to court
orders for such things as wiretaps, the government can get them in cases
involving drug trafficking, extortion, and many other crimes, but it cannot do
so for felony obscenity offenses. This bill will rectify that needless
deficiency.
Child
Protection Amendments
Cable porn. In the interest of protecting those most
vulnerable and impressionable members of our society, our children, this bill will prohibit transmission of obscenity over cable
or subscription television.
Dial-a-porn. Finally, this bill will
give prosecutors a powerful new weapon to attack ``Dial-A-Porn'' businesses
that profit from obscenity. I have read statistics that just one company in
just one city has received up to 800,000 calls per day -- 180 million calls in
a single year. Moreover, law enforcement officials have estimated that a great
number of these calls are made by children. A child who calls one of these
numbers hears an explicit sexual message. The bill would make it a felony for
these companies to transmit obscene messages.
Conclusion
At
a dark hour in British history, Winston Churchill said, ``Give us the tools and
we will finish the job.'' Federal prosecutors and law enforcement officials are
saying the same thing today. The Commission has recommended it. The public is
demanding it. Yet, as I have described to you, under current Federal law some
very basic tools are being withheld. The legislation I propose today will give
these men and women the tools they need to get the job done efficiently,
fairly, and thoroughly. The producers and distributors of this material -- the
heartless victimizers of women and children -- have had a huge legal advantage,
and they have used it to the fullest. They have also employed the latest
technologies, while Federal law has failed to keep pace. It is high time these
inequities are corrected.
When
the ``Child Protection and Obscenity Enforcement Act of 1987'' is passed we
will all be able to go about the business of cleaning up some of the filth that
floods our Nation. Right now, in the Department of Justice, this task is
already well under way. The newly created National Obscenity Enforcement Unit
is coordinating and spearheading nationwide prosecutions of a scope never
before attempted in our Nation's history. They have my full support, but they
need more. They need strong, loophole-free Federal laws, and they need the
assistance of the American people. The industry they seek to shut down is very
large, very powerful, and very harmful. The Federal Government alone just does
not have the resources to do the whole job. We will need all the help we can
get from decent-minded citizens across the country who know when it is time to
stand up and be counted. And I am confident we will get that help. I look also
to State and local law enforcement authorities to join with us in a total
effort to rid our communities of this criminal element among us.
But
the first step in this critical task is the legislation I set before you today.
I look forward to you, the elected representatives of the American people,
assisting me in this effort to help protect all Americans from the corruption,
the disease, the violence, degradation, and victimization that flows from this
despicable industry.
Ronald
Reagan
The
White House,