SEXUAL EXPLOITATION OF CHILDREN FRIDAY, JUNE 10, 1977 U.S. HOUSE OF REPRESENTATIVES, JOINT HEARING OF THE Washington, D.C. The subcommittees met pursuant to notice at 9 a.m. in room 2175, Rayburn House Office Building, Hon. John Brademas (Chairman of the Subcommittee on Select Education) presiding. Members present: Representatives Brademas, Biaggi, Miller, Kildee, Quie, Jeffords, and Pressler. Also present: Representatives Conyers, Volkmer, Gudger, Ertel, and Railsback. Mr. BRADEMAS. The Subcommittee on Select Education of the Committee on Education and Labor, and the Subcommittee on Crime of the Committee on the Judiciary will come to order for the purpose of continuing hearings on the issue of the sexual exploitation of children. Until recently, the problem of the sexual abuse of children in this country received little attention, yet there is increasing evidence that young people are being exploited for prostitution, that there is a startling number of cases of incest and that children are being used in pornographic films and magazines. It is to one particular dimension of the problem of the sexual exploitation of children that our hearing this morning is addressed, the production and distribution of pornographic materials depicting children. Bills dealing with this problem have been introduced and referred both to the Subcommittee on Select Education of the Committee on Education and Labor and the Subcommittee on Crime of the Committee on the Judiciary. The Subcommittee on Select Education has held hearings in Los Angeles and New York on the proposed legislation. At those hearings we received testimony from individuals about the severity and extent of the sexual abuse and exploitation of children. The Subcommittee on Crime, chaired by Congressman John Conyers, has also held hearings on this matter. Today, our witnesses represent the Department of Justice, the U.S. Postal Service and the U.S. Customs Service. We will hear, too, from Kenneth Wooden, director of the National Coalition for Children's Justice. We are pleased to hear from these witnesses for their comments and observations on the proposed legislation. Before calling our first witness this morning, the Chair would like to call on his friend and distinguished colleague, the chairman of the Subcommittee on Crime of the Committee on the Judiciary, the gentleman from Michigan, Mr. Conyers, for any statement he may wish to make. The Chair would observe that he will hold the chair for the first few witnesses and then turn the chair over to the gentleman from Michigan, Mr. Conyers. Mr. CONYERS. I want to thank my colleague from Indiana, the chairman of the Select Education Subcommittee, and indicate that we are doing what makes preeminently good commonsense, that where we have an area in which there is joint concern by more than one committee of the Congress and the Members, the witnesses that might be called could be asked before both committees, that we would have them come before one committee. So I commend my colleague and his subcommittee for joining with us to this end. The witnesses from the Government agencies that have jurisdiction over Federal obscenity statutes have been asked to testify and we feel a need to determine as we move into this subject matter the adequacy of State laws and enforcement, as well as the adequacy of Federal enforcement of present law before we can presume to determine what, if any, changes need be made in the present Federal statutes. Consequently, this hearing will, of course, concentrate on the nature and scope of child sexual abuse, but we want to concern ourselves with the concept of what new Federal law would be acceptable in this area. So we welcome those witnesses from the Justice Department, Postal Service, Customs Service and our other witnesses that may join us. I am very pleased to undertake these hearings with my colleague from Indiana. Mr. BRADEMAS. Thank you very much, Mr. Conyers. Our first witness this morning will be Mr. John C. Keeney, the Deputy Assistant Attorney General, Criminal Division, Department of Justice. Mr. Keeney, we are pleased to have you with us this morning. [Prepared statement of John Keeney follows:] STATEMENT My name is John C. Keeney and I am Deputy Assistant Attorney General in the Criminal Division of the Department of Justice. It is a pleasure to appear before you today to discuss the position of the Department of Justice on several bills which would prohibit the sexual exploitation of children and the transportation and dissemination of photographs or films depicting such exploitation. H.R. 4571 and H.R. 7093 amend the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101-5106) by adding proposed sections 8, 9 and 10. Section 8 provides a fine of not more than $50,000 or imprisonment for not more than twenty years or both for any individual who causes or knowingly, in the case of H.R. 4571, or willfully, in the case of H.R. 7093, permits a child to engage in a prohibited sexual act as defined in the bill or the simulation of such an act if such individual knows, has reason to know or intends that such act may be photographed or filmed and that the resulting photograph or film may be transported, shipped or mailed through interstate or foreign commerce or may affect such commerce. The same penalty would apply to any individual who photographs or films a child engaging in a prohibited sexual act or in a simulation thereof if such individual knows, has reason to know, or intends that any resulting photograph or film may be transported, shipped, or mailed through interstate or foreign commerce or may affect such commerce. Section 9 provides that any individual who knowingly transports, ships, or mails through, or in such a manner as to affect, interstate or foreign commerce any photograph or film depicting a child engaging in a prohibited sexual act or in the simulation of such an act, or any individual who receives for the purpose of selling or sells any such photograph or film which has been transported, shipped, or mailed through, or in such a manner as to affect, interstate or foreign commerce shall be fined not more than $25,000 or imprisoned not more than fifteen years or both. Section 10, as set forth in H.R. 4571, defines "child" as any individual who has not attained age sixteen and defines "prohibited sexual act" to include sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, "any other sexual activity" or "nudity; if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction." H.R. 7093 uses the terms "sexual sadism" and "sexual masochism" in place of "sadism" and "masochism" and uses "person" instead of "individual" throughout the bill. I should note here that the term "person" would appear to be preferable to the term "individual," since it would permit prosecution of business entities, as well as individuals, where appropriate. In all other respects the definitions are identical. Both bills vest enforcement authority in the Attorney General. H.R. 3913 and several other bills amend Title 18, United States Code, by adding proposed sections 2251, 2252 and 2253. I note that Title 18 of the U.S. Code, which contains the bulk of our Federal criminal statutes, would be the most appropriate location for the proposed provisions. These bills are identical in all respects to H.R. 4571 except for H. R. 5474 and H.R. 6747, which impose minimum penalties of $10,000 and four years in section 2251 and minimum penalties of $5,000 and two years in section 2252, and H.R. 5522, which contains certain additional substantive provisions not found in the other bills. In addition to the other provisions, section 2251, as set forth in H. R. 5522, punishes with a maximum fine of $50,000 or a prison term of 20 years or both any individual who causes or knowingly permits a child to engage in a prohibited sexual act or simulation thereof if he knows, has reason to know or intends such act may form a part of a commercial live show and such show travels in or affects interstate or foreign commerce. The same penalty extends to an individual who travels in, uses a |