what is happening to these children, how that situation might remedied, whether the needs of local jurisdictions are being met f the purposes of putting a stop to the situation where they desire t and I would hope that we would be able to proceed in that manne Also, as you speak, and you can proceed in any manner which yo would; if you have prepared statements, they will be entered for tl permanent record. You can summarize them. But would you identi: yourselves so that the court reporter will be able to make an accura transcript.

Welcome to the committee, and thank you very much.

[The prepared statement of Daryl F. Gates follows:]

PREPARED STATEMENT FOR THE APPEARANCE BY ACTING CHIEF OF POLICE
DARYL F. GATES

"SEXPLOITATION" OF CHILDREN, CHILD ABUSE, PORNOGRAPHY AND ORGANIZED CRIME

Overview of the problem and the concern of the department

Concern of the abuse and exploitation of children is not new. In law enfor ment we have always held the view that a crime against a child is, in m instances, more deplorable because of the defenselessness and innocence of victim. What is new, however, is the rapid increase in crimes involving sexual abuse and exploitation of children and the increasing boldness of perpetrators of this type of crime. It is incredible that public advertiseme exist today which seek and offer children for sexual use in addition to offer explicit movie film and photographs of children in various sexual encount How can a society permit its children to be used in such pornographic fi displaying the most explicit and perverted sexual acts imaginable? Yet, th films are advertised and sold more openly all the time.

The effects of crimes against children do not stop with the abuse itself. T also inhibit the ability of the children to latter develop normal sexual relati ships and contribute to their later involvement in similar types of crimes.

If we fail to stop the physical abuse and sexual exploitation of child: we are assuring ourselves of an unbroken cycle of crime wherein the victim today will surely be the perpetrators of tommorrow.

Organized crime influence on pornography industry

Pornography is a billion dollar plus business in this nation. A major ‹ tributor to this profitable enterprise is California's pornography industry, wł grosses approximately 100 million a year.

Prior to 1970, pornography dealers were independents who obtained tl merchandise from local wholesalers. High profits were realized by all cerned and the industry was virtually untouched by organized crime. H ever, the high potential for profit was irresistible to organized crime eleme In 1969, the Department's Administrative Vice investigators began receiving telligence information regarding the interests of organized crime figures in pornography field. Individuals with organized crime affiliations made many vi to Los Angeles and conferred with numerous local pornographers.

Since then, retail pornography outlets have been organized and monopoli by groups with organized crime connections. Film processing laboratories ( trolled by organized crime figures are flourishing. Many local producers: distributors of pornography operating nation-wide have been connected w these individuals.

It is typical that the ownership and management of the various facets of pornography industry are held by men who do not directly belong to the ganized crime family. Instead, they are backed and controlled by organi crime members who use intimidation and various illegal business practices force the independents to sell to the “organization" or be forced out of b ness. The result is that in the last few years, California's pornography indus has become almost completely dominated by organized crime.

It is interesting to note that organized crime's relatively rapid takeover the pornography industry coincided with the courts' more liberal views

obscenity cases and the subsequent loss of interest by prosecuting agencies to pursue futile cases. It should come as no surprise that organized crime would move into an area where high profits with relatively little risk and minimal capital investment are normal. As the risk of prosecution became less, they became bolder.

As obscenity laws became less effective because of more liberal interpretations of that was permissible to display, pornography became more explicit. The "girlie" magazine and "peep shows" evolved from semi-nudity and suggestive poses to complete nudity and simulated sexual acts in films and magazines to explicit displays of genitalia and all forms of sexual activity.

Later, when that form of entertainment lost its shock value and newness, various forms of pornography began to contain perversions including sexual acts between people and animals, sado-masochistic acts, urination, defecation, simulated rape, and finally, the simulated violent sexual murder of victims.

The use of children in pornography may not be a recent development, but its open availability is new, growing out of the more liberal atmosphere of the times which encouraged people of various sexual preferences to "come out of the closet" and "do their own thing." Today, child pornography is in great demand and commands a much higher price than pornography with adult subjects.

Intelligence information gathered by Department investigators indicates that organized crime has gradually moved into the child pornography business. Possibly because of fear of public outrage, they operate through intermediaries, making it difficult to directly connect them with the sale and distribution of pornography involving children. The use of children in pornography seems to have been the special province of the child molesters-turned-photographers who produced material either for their own person gratification or for profit, or both. However, given the enormous potential for profit and any lessening of vigorous enforcement, it can be predicted that organized crime will become more deeply involved in child pornography in the near future. When the heat is off, they typically move in. Our responsibility is to make sure the heat is never taken off. The relationship between pornography and sexual exploitation of children

A direct relationship exists between pornographic literature and the sexual exploitation and molestation of young children. As evidence of this relationship, the Sexually Exploited Child Unit of Juvenile Division is seizing an ever-increasing volume of pornographic material as they proceed into areas frequented by the sexual exploiters of children. Substantiating and corroborating this physical evidence are the statements of the victims who in practically all cases were exposed to pornographic literature, films or photographs during various stages of their exploitation.

Overview of investigators Pruitt's and Martin's presentations

Investigator Barbara Pruitt of the Abused Child Unit will discuss the problem of child abuse as a whole. The physical abuse and neglect, and the sexual abuse of children within the family are the primary concern of the Abused Child Unit. The resulting emotional difficulties of the abused children and the lack of resources for treatment of the abused and neglected child will be presented.

Investigator Lloyd Martin of the Sexually Exploited Child Unit will discuss the problem of sexual exploitation of children, which takes place primarily outside of the family. He will describe in detail the "chickenhawk" subculture and its role in sexual abuse and exploitation of children. The Sexually Exploited Child Unit has found widespread commercial exploitation of children, includng the use of children in pornography and prostitution. This exploitation is often organized, with correspondents and participants all over the nation.

STATEMENT OF DARYL F. GATES, ASSISTANT CHIEF, ACTING CHIEF OF POLICE, LOS ANGELES POLICE DEPARTMENT, ACCOMPANIED BY LLOYD MARTIN, SEXUAL EXPLOITATION OF CHILDREN UNIT, LOS ANGELES POLICE DEPARTMENT; AND BARBARA PRUITT, ABUSED CHILDREN UNIT, LOS ANGELES POLICE DEPARTMENT Mr. GATES. Mr. Chairman, I am Assistant Chief Daryl Gates. I am the acting chief of police. Chief Davis is out of the country, and he asked me to be here. I do have a prepared statement, and I am sorry

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you don't want to hear any more remarks about the first amendment and lawyers, because I had thought of mentioning a few of those things.

I would say that I endorse those things that were said by Congressman Dornan. Anything I might say would be cumulative, because I think he spoke the truth. I think he said some things that need to be said in this country about first amendment lawyers. I think too many people are hiding behind the first amendment, and until

Mr. MILLER. Let me interrupt you. I guess we are going to get into this discussion, then.

Mr. GATES. We may.

Mr. MILLER. The first amendment lawyers, as they are talked about, or constitutional technicalities, I assume that the arbiter in this case is the Constitution, and a determination by the Supreme Court. Is that not so? And a lawyer for the defense and a lawyer for the prosecution make their case, and an interpretation of the first amendment is laid down by a court?

Mr. GATES. Let me just say that-I think this committee will go back to Washington, after having heard testimony here, and pass a law, and I think you should. I think the laws that you are considering are worthwhile, and I think they will help in some respect. It will not solve the problem.

Mr. MILLER. No question.

Mr. GATES. It simply will not solve the problem, just as prior laws have not solved the problems. Unless you go back and provide some kind of leadership, unless ethics are restored, both in the legal profession and in the courts, unless there is some substantial change in the belief of the people of this Nation, nothing is going to be solved. It is going to get worse.

Mr. MILLER. NO; I was just concerned about whether you agree with the cases lawyers take; every man is entitled to a defense, they say, under our system of justice, and the question is, what is the law, and the interpretation of that law.

Mr. GATES. Well, I think one of our problems has been that we have too much law in this country, that has become far more complex. You know, all you have to do is go to the people of this country, give a display such as Investigator Martin will provide to you, and ask them whether or not this is what they want their Constitution to protect. And let me tell you that you will never have seen a plurality like you see with that kind of a vote.

What I am saying is that we have made this far too complex. I realize all of the complexities of trying to determine whether material is, in fact, obscene, taking it into court, the court makes the decision, and I am saying that that decision does not have to be made in a court of law. That decision can be made by just plain, old, ordinary commonsense, of which there is a great deal of it in the minds of the people of this country.

And there is too much confusion in Washington, too much confusion in most of our legislatures, too much confusion in the courts, and too much confusion in the minds of most of our lawyers over some of those very basic and fundamental issues.

Now, if you like, I will go ahead with the prepared statement.

Mr. MILLER. Go ahead.

Mr. GATES. And let me also say that-and I will go through this very quickly-that what I would hope this committee would do would be to listen to investigators Pruitt and Martin who are sitting beside me, because they can answer all of the questions that you may have in your mind.

They are on the street. They know this subject in detail. They can give you answers to every question that you might have; and I am sure, if you will listen to them, if you will understand and give them a chance to speak and say what they have on their minds, that you will have a much better view of what is taking place in the street.

I might say that I believe the statement that I am about to make is, while it is my statement, it is one that would be shared in by Chief Davis who, I mentioned, is out of the country. Chief Davis is also the president of the International Association of Chiefs of Police, and shares a very strong feeling about this particular subject.

Concern for the abuse and exploitation of children is not new in law enforcement. We have always held the view that crime against a child is, in most instances, more deplorable because of the defenselessness and innocence of the victim. What is new, however, is the rapid increase in crimes involving the sexual abuse and exploitation of children and the increasing boldness of the perpetrators of this type of crime.

It is incredible that public advertisements exist today which seek and offer children for sexual abuse, in addition to offering explicit movie film and photographs of children in various sexual encounters. How can a society permit its children to be used in such pornographic films displaying the most explicit and perverted sexual acts imaginable? Yet, these films are advertised and sold more openly all the time. The effects of crimes against children do not stop with the abuse itself. They also inhibit the ability of the children to later develop normal adult sexual relationships, and contribute to their later involvement in similar types of crmes.

If we fail to stop the physical abuse and sexual exploitation of children, we are assuring ourselves of an unbroken cycle of crime wherein the victims of today will surely be the perpetrators of tomorrow.

Pornography is a billion-dollar-plus business in this Nation. A major contributor to this profitable enterprise is California's pornography industry, which grosses approximately $100 million per year. Prior to 1970, pornography dealers were independents who obtained their merchandise from local wholesalers. High profits were realized by all concerned, and the industry was virtually untouched by organized crime. However, the high potential for profit was irresistible to organized crime. In 1969, the department's administrative vice investigators began receiving intelligence information regarding the interests of organized crime figures in the pornography field. Individuals with organized crime affiliations made many visits to Los Angeles, and conferred with numerous local pornographers.

Since then, retail pornography outlets have been organized and monopolized by groups with organized crime connections. Film processing laboratories controlled by organized crime figures are flourishing. Many local producers and distributors of pornography operating nationwide have been connected with these individuals.

It is typical that the ownership and management of various facets of the pornography industry are held by men who do not directly belong to the organized crime family. Instead, they are backed and controlled by organized crime members who use intimidation and various illegal business practices to force the independents to sell to the organization or to be forced out of business. The result is that in the last few years California's pornography industry has become almost completely dominated by organized crime.

And let me say that this is the first inroad of organized crime in the State of California, particularly in the city of Los Angeles.

It is interesting to note that organized crime's relatively rapid takeover of the pornography industry coincided with the courts' more liberal attitudes and views on obscenity cases, and the subsequent loss of interest by prosecuting agencies to pursue futile cases. It should come as no surprise that organized crime would move into an area where high profits with relatively little risk and minimal capital investment are normal. As the risk of prosecution became less, they became bolder.

As obscenity laws became less effective because of more liberal interpretations of what was permissible to display, pornography became more explicit. The girlie magazines and peep shows evolved from seminudity and suggestive poses to complete nudity and simulated sexual acts in films and magazines, to explicit displays of genitalia and all forms of sexual activity.

Later, when that form of entertainment lost its shock value and newness, various forms of pornography began to contain perversions, including sexual acts between people and animals, sado-masochistic acts, urination, defacation, simulated rape, and finally, the simulated violent sexual murder of victims.

I saw in the Los Angeles Times this morning where a judge said that he was going to release a young man because he thought the rape was all right, because it was just something that the young man had to do because it was normal, having seen all of this kind of thing, and this kind of thing being available to him.

The use of children in pornography may not be a recent development, but its open availability is new, growing out of the more liberal atmosphere of the times which encouraged people of various sexual preferences to "come out of the closet" and "do their own thing." Today, child pornography is in great demand, and commands a much higher price than pornography with adult subjects.

Intelligence information gathered by department investigators indicates that organized crime has gradually moved into the child pornography business. Possibly because of a fear of public outrage, they operate through intermediaries, making it difficult to directly connect them with the sale and distribution of pornography involving children. And organized crime has had a history of moving slowly into some of these things, because they test public outrage. They don't move into an area where they think that public outrage is going to cause them too much trouble.

The use of children in pornography seems to have been the special province of the child-molesters-turned-photographers who produced material either for their own personal gratification or for profit, or both.