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A Gray Media Group, Inc. Station - © 2002-2022 Gray Television, Inc.
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RICHMOND, VA (WWBT) - It's the new face of child pornography: molesters are downloading cartoon images of children having sex with adults. Officers across the Commonwealth, including in Richmond, are actually rescuing children by using these offensive cartoons.
One video law enforcement uses is one of the most downloaded animated child pornography videos on the Internet. A cartoon girl performs a sex act on a man. When it's over, fireworks go off, balloons are released and the man claps.
Possessing this video alone isn't illegal. What is illegal is how you get it and then use it.
"What law enforcement actually knows is animated child pornography is used to groom children," said Camille Cooper. Cooper is with the National Association to Protect Children. She has helped pass laws across the country, including in Virginia, to protect children from child molesters.
"Offenders collect the material, they expose children to it that they want to molest, it lowers the child's inhibitions and it normalizes sex acts," said Cooper. "That's what it's used for and therefore, isn't a victimless crime."
Not everyone agrees with Cooper. At the Virginia Court of Appeals, federal defense attorney Robert Wagner once argued in a landmark case that animated child pornography is and should remain legal.
In 2004, Wagner defended Richmond resident Dwight Whorley. Whorley, a registered sex offender, went to the Virginia Employment Commission office and downloaded 20 cartoon images of female children being forced to have sex with men.
Since he used the Internet to receive the pornography, he was prosecuted under federal law.
"Dwight Whorley got 20 years for that offense and I think that is unconscionable," said Wagner. "In animated child pornography videos, there is no victim and there's no exploitation of children."
Wagner believes animated child pornography isn't dangerous but says the statute his client was prosecuted under is.
"I think that places far too much power on a prosecutor to use this statute to prosecute people who really aren't dangerous," he said.
There is no indication Whorley molested children or used pornography for grooming. Richmond Detective Kevin Hiner says, that isn't always the case.
Hiner says, he uses animated child pornography as a marker.
"If we have a cyber tip come in and we see a lot of animated child porn that is a huge indicator that they are probably looking at real child pornography and that will start our investigative process," Hiner said.
He says the problem is a pandemic, and Richmond isn't immune.
"We've been in every neighborhood, we've been in government housing and some of the nicest neighborhoods in the Metro-Richmond area," Hiner said.
Detective Hiner said, while he and his colleagues won't arrest someone for possessing cartoon kiddie porn alone, officers around the state are being trained to use animated child pornography to protect your kids.
Richmond police say they are backlogged with the number of offenders they need to arrest. However, if someone has access to children and is downloading either type of child pornography, that offender goes to the front of the line so officers have a better chance of rescuing an abused child.
Copyright 2013 WWBT NBC12 . All rights reserved.

WWBT 5710 Midlothian Turnpike Richmond, VA 23225 (804) 230-1212
A Gray Media Group, Inc. Station - © 2002-2022 Gray Television, Inc.
More stories to check out before you go
RICHMOND, VA (WWBT) - It's the new face of child pornography: molesters are downloading cartoon images of children having sex with adults. Officers across the Commonwealth, including in Richmond, are actually rescuing children by using these offensive cartoons.
One video law enforcement uses is one of the most downloaded animated child pornography videos on the Internet. A cartoon girl performs a sex act on a man. When it's over, fireworks go off, balloons are released and the man claps.
Possessing this video alone isn't illegal. What is illegal is how you get it and then use it.
"What law enforcement actually knows is animated child pornography is used to groom children," said Camille Cooper. Cooper is with the National Association to Protect Children. She has helped pass laws across the country, including in Virginia, to protect children from child molesters.
"Offenders collect the material, they expose children to it that they want to molest, it lowers the child's inhibitions and it normalizes sex acts," said Cooper. "That's what it's used for and therefore, isn't a victimless crime."
Not everyone agrees with Cooper. At the Virginia Court of Appeals, federal defense attorney Robert Wagner once argued in a landmark case that animated child pornography is and should remain legal.
In 2004, Wagner defended Richmond resident Dwight Whorley. Whorley, a registered sex offender, went to the Virginia Employment Commission office and downloaded 20 cartoon images of female children being forced to have sex with men.
Since he used the Internet to receive the pornography, he was prosecuted under federal law.
"Dwight Whorley got 20 years for that offense and I think that is unconscionable," said Wagner. "In animated child pornography videos, there is no victim and there's no exploitation of children."
Wagner believes animated child pornography isn't dangerous but says the statute his client was prosecuted under is.
"I think that places far too much power on a prosecutor to use this statute to prosecute people who really aren't dangerous," he said.
There is no indication Whorley molested children or used pornography for grooming. Richmond Detective Kevin Hiner says, that isn't always the case.
Hiner says, he uses animated child pornography as a marker.
"If we have a cyber tip come in and we see a lot of animated child porn that is a huge indicator that they are probably looking at real child pornography and that will start our investigative process," Hiner said.
He says the problem is a pandemic, and Richmond isn't immune.
"We've been in every neighborhood, we've been in government housing and some of the nicest neighborhoods in the Metro-Richmond area," Hiner said.
Detective Hiner said, while he and his colleagues won't arrest someone for possessing cartoon kiddie porn alone, officers around the state are being trained to use animated child pornography to protect your kids.
Richmond police say they are backlogged with the number of offenders they need to arrest. However, if someone has access to children and is downloading either type of child pornography, that offender goes to the front of the line so officers have a better chance of rescuing an abused child.
Copyright 2013 WWBT NBC12 . All rights reserved.

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April 18, 2002 Posted: 1:13 PM EDT (1713 GMT)

WASHINGTON (CNN) -- The U.S. Supreme Court Tuesday struck down a 6-year-old law that prohibits the distribution and possession of virtual child pornography that appears to -- but does not -- depict real children.

The law had banned a range of techniques -- including computer-generated images and the use of youthful-looking adults -- which were designed to convey the impression of minors engaging in sexually explicit conduct.

The 6-3 ruling says the law violates the First Amendment guarantee of freedom of speech. The decision hands a major setback to the Justice Department and the majority of Congress in their legislative efforts to fight child pornography.

Writing for the majority, Justice Anthony Kennedy said key provisions of the Child Pornography Prevention Act of 1996 were "overbroad" and infringed on established protections of material with artistic value that does not violate community standards.

"Pictures of what appear to be a 17-year-old engaging in sexually explicit activity do not in every case contravene community standards," the court said.

"The (Act) also prohibits speech having serious redeeming value, proscribing the visual depiction of an idea -- that of teenagers engaging in sexual activity -- that is a fact of modern society and has been a theme in art and literature for centuries."

The opinion cited several artistically significant instances in which teenage sex was portrayed, including William Shakespeare's play "Romeo & Juliet," and the recent movies "Traffic" and "American Beauty."

Kennedy was joined by justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Clarence Thomas wrote a separate opinion agreeing with their conclusion.

Justices Sandra Day O'Connor, in a dissent, disagreed with much of the majority opinion, and was joined by Chief Justice William Rehnquist and Antonin Scalia.

In a separate dissent Rehnquist, backed by Scalia, strongly disagreed with the majority, saying "the computer-generated images are virtually indistinguishable from real children."

The ruling came in a case named Ashcroft v. The Free Speech Coalition. U.S. Attorney General John Ashcroft and President George W. Bush's Justice Department inherited defense of the law from former Attorney General Janet Reno and the President Clinton Justice Department, which had defended the law in the lower courts.

The Free Speech Coalition is comprised primarily of a trade association of publishers of pornographic materials.

Ashcroft said he was disappointed by the court's decision.

"This morning the United States Supreme Court made our ability to prosecute those who produce and possess child pornography immeasurably more difficult," Ashcroft said.

Ashcroft said the Justice Department would use every resource to prosecute child pornography cases and said child pornographers "will find little refuge in today's decision."

He said he would work with Congress to pass new laws that would survive the court's scrutiny.

"I believe today's opinion and the Constitution leave open legislative avenues to protect our children from harm and we will seek to develop the means to do so with legislative endeavor," Ashcroft said.

Still to be decided by the Supreme Court this spring is another case involving a separate law, which specifically restricts the access of minors to sexually explicit material on the Internet.

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The U.S. Supreme Court voted 6-3 to strike down the ban on virtual child pornography, saying the law violated the First Amendment right of free speech. CNN's Kelli Arena reports (April 17)

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