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Medically reviewed by Scientific Advisory Board — Written by Lynn Margolies, Ph.D. on May 17, 2016
What should parents do when they discover that their young teen or preteen has been looking at pornography sites online? And what does it mean?
Based on a survey of online victimization conducted by the National Center for Missing & Exploited Children, only a small percentage of kids seek out pornography on purpose, and most respond appropriately by quickly leaving the site, though few report such incidents to parents (Wolak et al., 2006). Exposure to sexually explicit content online can occur very easily through a misdirected Google search using an innocent word such as “toy,” a misspelled word or URL, a misleading website or email, or a link or photo sent by a peer or through spam (Wolak et al, 2007).
When evaluating what it means that your child is viewing sexually explicit material, before reacting or drawing conclusions, the first step is to assess the situation to find out what is really going on and whether there is a problem. Is this an ongoing issue? How many times has this occurred? Does this seem to be a habit? Are there other changes in behavior, mood or sleep? Is your child isolating himself?
Find out how your child has encountered these sites. Does anyone else at home frequent these websites or suffer from a hidden sexual addiction? When others at home with access to the computer -have a hidden sex addiction, children are exposed to such material with or without the parent’s knowledge, giving the child more opportunity and temptation to explore such websites themselves.
What are the sites the child is going to and what is he looking at? For example, the meaning and effect of looking up the word “sex” on “ehow.com” (a website that is an “encyclopedia” of sorts on how to do anything) is different from watching porn videos online. Children may look for, or view, sites at first out of curiosity after having stumbled upon them – or to find out about sex. When the motivation is curiosity, the diagnosis could simply be “teenager” or “preteen”, the impact benign, and prognosis good.
However, viewing pornography, especially in an ongoing way, can have potentially detrimental effects on children, and may be motivated or perpetuated by loneliness, isolation and compulsion.
What are the potential negative effects of viewing online pornography?
In the absence of any context, and without having learned about or known healthy sexuality, children may experience depictions of sex as confusing and take the images they see to be representative models of adult behavior. They are thereby introduced to sex before they are ready through images they do not understand, which often involve sexual deviations, and sex detached from relationship or meaning, responsibility, and intimacy.
Children are most at risk when they are repeatedly exposed to images that are overstimulating and potentially addictive. If viewed compulsively and accompanied by sexual release through masturbating, Internet pornography can have a desensitizing effect, requiring greater intensity and frequency as well as causing deviant sexuality to seem like the norm.
Evidence-based guidance, up-to-date resources, and first-hand accounts to help you in your mental health journey.
Cybersex addiction functions in a similar way to any other addiction, leading to a cycle of preoccupation, compulsion, acting out, isolation, self-absorption, shame and depression as well as distorted views of real relationships and intimacy. However, not everyone exposed to pornography becomes addicted to it.
Teens who are most susceptible to addiction are those who cannot rely on parents to provide a consistent source of contact and comfort to help them regulate their emotional state. Such families include, but are not limited to, those where a parent may suffer from an addiction – including alcohol – or fail to be emotionally available for other reasons. Children from these families are vulnerable – they often have low self-esteem and feel alone. They learn not to trust or depend on others and find ways to comfort and stimulate themselves which do not involve people and which are reliably available to them and within their control.
Another danger teens are exposed to online is unwanted sexual solicitation. Teens are the most vulnerable of any age group to such unwanted sexual advances (Wolak et al., 2006). One in 7 teens reported having been subjected to unwanted provocations – the majority of which involved invitations to meet offline, asking teens to talk about sex or answer sexual questions, or asking teens for sexually explicit photos (Wolak et al., 2006).
A related hazard for teens online involves “sexting” – sending sexually explicit photos usually over cell phones or sometimes over the Internet. Sexting is most commonly engaged in by teens with their peers and usually involves peer pressure. Sexting often creates an expectation of “hooking up” (sex) on the part of the recipient, and increases the pressure to have sex, and likelihood of it occurring, during the next encounter. Sexting is risky in this way and, also, because it often leads to unforeseen reputation disasters that may be irreparable. This often begins with a photo sent to a boyfriend or potential boyfriend, which then – unbeknownst to the sender – is passed around and forwarded to the recipient’s friends and “contacts,” like a chain letter spreading out of control. In addition, these photos can resurface later on and be used for blackmail or to wreak havoc on a person’s career.
The surest way to protect teens is to be aware of what is going on with them, and within your family, and make it safe for them to talk to you. Finding out that your child has viewed Internet pornography is not cause for panic. Most children and teens do not suffer from sex addictions. And when they do, this problem is usually secondary to other secret or hidden issues in the family affecting them, which must be the focus of treatment along with the teen’s symptom.
To keep teens out of harm’s way, the key is being their ally and helping them collaborate with you in wanting to be safe. If you are not on the same side, your teen will find a way to outsmart or work around even the best technology and well-thought out rules. Remember — the relationship you have with your child and his perception of you as trustworthy and reasonable is the most protective factor against all the dangers faced by teens today.
Janis Wolak, Kimberly Mitchell, and David Finkelhor (2006). Online Victimization of Youth: Five Years Later. Alexandria, Virginia: National Center for Missing & Exploited Children, 1-96.
Last medically reviewed on May 17, 2016
Medically reviewed by Scientific Advisory Board — Written by Lynn Margolies, Ph.D. on May 17, 2016
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Medically reviewed by Nathan Greene, PsyD
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Child pornography are laws in the United States specify that child pornography is illegal under federal law and in all states and is punishable by up to 20 years' imprisonment or fine of $5000. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution.[1] Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.[2] U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.
Child pornography under federal law is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.[3] The United States Court of Appeals for the Second Circuit has held that images created by superimposing the face of a child on sexually explicit photographs of legal adults is not protected speech under the First Amendment.[4]
Notably, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal. Federal prosecutors have secured convictions carrying mandatory minimum sentence of 15 years of imprisonment for producing visual depictions of individuals above the legal age of consent but under the age of 18, even when there was no intent to distribute such content.[5] The legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.[3]
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.[3]
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.[3]
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.[3]
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.[3]
Under federal law, finding of guilt on most child pornography related offenses carry severe consequences, such as mandatory minimum sentences of several years and registration as a sex offender.
A first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison.[3][6][7]
Child pornography offenses for transportation (including mailing or shipping), receipt, distribution, and possession with the intent to distribute or sell child pornography offenses each carry a mandatory minimum term of 5 years of imprisonment and a maximum term of 20 years.[3][7]
Simple possession of child pornography is punishable by up to 10 years in federal prison, but does not carry a mandatory minimum term of imprisonment. If a defendant has a prior federal or state conviction for one or more enumerated sex offenses, the penalty ranges are enhanced.[7]
Federal sentencing guidelines provide for higher sentences based on the number of images possessed or distributed, whether the victims were 12 years of age or younger, whether the material is "sadistic," and other factors.[8]
Under the Crime Victims' Rights Act (CVRA), 46 codified at 18 U.S.C. § 3771, federal law enforcement officials must notify a child pornography victim (or his or her guardian if the victim is still a minor) each time the officials charge an offender with a child pornography offense related to an image depicting the victim. Such notifications can be emotionally traumatic.[9]
In the United States, pornography is considered a form of personal expression governed by the First Amendment to the United States Constitution. Pornography is generally protected speech, unless it is obscene, as the Supreme Court of the United States held in 1973 in Miller v. California.
Child pornography is also not protected by the First Amendment, but importantly, for different reasons. In 1982 the Supreme Court held in New York v. Ferber that child pornography, even if not obscene, is not protected speech. The court gave a number of justifications why child pornography should not be protected, including that the government has a compelling interest in safeguarding the physical and psychological well-being of minors.
The initial iteration of 18 U.S.C. § 2257, first passed in 1988, mandated that producers of pornographic media keep records of the age and identity of performers and affix statements as to the location of the records to depictions. However, rather than penalties for noncompliance, the statute created a rebuttable presumption that the performer was a minor. Pub. L. 100-690. This version was struck down as unconstitutional under the First Amendment in American Library Association v. Thornburgh, 713 F. Supp. 469 (D.D.C. 1989), vacated as moot, 956 F.2d 1178 (D.C. Cir. 1992).
After Thornburgh, Congress amended 2257 to impose direct criminal penalties for noncompliance with the record-keeping requirements. The same plaintiffs challenged the amended statute and accompanying regulations, but the new version was upheld in American Library Association v. Reno, 33 F.3d 78 (D.C. Cir. 1994).
In Sundance Association, Inc. v. Reno, 139 F.3d 804 (10th Cir. 1998), the Tenth Circuit rejected the regulation's distinction between primary and secondary producers and entirely exempted from the record-keeping requirements those who merely distribute or those whose activity "does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted". 18 U.S.C. § 2257(h)(3).
However, after 2257 was amended in 2006 by the Adam Walsh Act, the court ruled that Sundance's restrictions no longer applied to the amended statute and generally ruled in the government's favor on its motion for summary judgment. Free Speech Coalition v. Gonzales, 483 F. Supp. 2d 1069 (D. Colo. 2006).[10]
Simulated child pornography was made illegal with the Child Pornography Prevention Act of 1996 (CPPA). The CPPA was short-lived. In 2002, the Supreme Court of the United States in Ashcroft v. Free Speech Coalition held that the relevant portions of the CPPA were unconstitutional because they prevented lawful speech. Referring to Ferber, the court stated that "the CPPA prohibits speech that records no crime and creates no victims by its production. Virtual child pornography is not 'intrinsically related' to the sexual abuse of children".
In response to the demise of the CPPA, on April 30, 2003, President George W. Bush signed into law the PROTECT Act of 2003 (also known as the Amber Alert Law).[11]
The law enacted 18 U.S.C. § 1466A, which criminalizes material that has "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting" that "depicts a minor engaging in sexually explicit conduct and is obscene" or "depicts an image that is, or appears to be, of a minor engaging in ... sexual intercourse ... and lacks serious literary, artistic, political, or scientific value". By its own terms, the law does not make all simulated child pornography illegal, only that found to be obscene or lacking in serious value.[citation needed]
In November 2005 in Richmond, Virginia, Dwight Whorley was convicted under 18 U.S.C. sec. 1466A for using a Virginia Employment Commission computer to receive "obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males".[12][13][14] He was also convicted of possessing child pornography involving real children. He was sentenced to 20 years in prison.[15]
On December 18, 2008, the Fourth Circuit Court of Appeals affirmed the conviction.[16] The court stated that "it is not a required element of any offense under this section that the minor depicted actually exists [sic]". Attorneys for Mr. Whorley have said that they will appeal to the Supreme Court.[17][18]
The request for en banc rehearing of United States v. Whorley from the Court of Appeals was denied on June 15, 2009. A petition for writ of certiorari was filed with the Supreme Court on September 14, 2009, and denied on January 11, 2010, without comment.[19]
The PROTECT Act also amended 18 U.S.C. § 2252A, which was part of the original CPPA. The amendment added paragraph (a)(3), which criminalizes knowingly advertising or distributing "an obscene visual depiction of a minor engaging in sexually explicit conduct; or a visual depiction of an actual minor engaging in sexually explicit conduct". The law draws a distinction between obscene depiction of any minor, and mere depiction of an actual minor.
The bill addresses various aspects of child abuse, prohibiting some illustrations and computer-generated images depicting children in a pornographic manner.[20][21][22] Provisions against virtual child pornograp
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