Legislation - Overview of Current Laws

Prostitution

United States
Each state is responsible for creating its own policy regarding prostitution. Solicitation of prostitution is illegal and generally classified as a misdemeanor in all but two U.S. states. In Nevada, regulated brothels are legal in several counties. The act of sex for money is not illegal in Rhode Island, but street solicitation and operating a brothel are. The United States has taken a firm stance on the solicitation of prostitution by members of the U.S. military. In 2005, Executive Order 13387 was signed which amends the Manual for Courts-Martial by making “patronizing a prostitute” a violation of Article 134 of the Uniform Code of Military Justice (UCMJ). A violation of the UCMJ is punishable by “dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.” (http://www.au.af.mil/au/awc/awcgate/law/eo13387_mcm05amend.pdf)

Connecticut
Connecticut statutes, like those of many other states, classify prostitution as a Class A Misdemeanor. Class A misdemeanors have a maximum sentence of 1 year incarceration in Connecticut.

The General Statutes of Connecticut read as follows:
Sec. 53a-82. Prostitution: Class A misdemeanor. (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. (General Statutes of Connecticut)

Sec. 53a-83. Patronizing a prostitute: Class A misdemeanor. (a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefore such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee. (General Statutes of Connecticut)

Online Sexual Exploitation Crimes

United States
Child Pornography Prevention Act
The Child Pornography Prevention Act of 1996 expands the definition of child pornography to include computer or computer-generated images and pictures:

"any visual depiction, including any photograph, film, , video, picture, drawing or
computer or computer-generated image or picture, which is produced by electronic,
mechanical or other means, of sexually explicit conduct…”

This Act also explains the reasons why pseudo-photographs, or computer generated pictures of pornography, should be illegal:

"Computer-generated child pornography results in many of the same types of harm, and poses the same danger to the well-being of children, as photographic child pornography, and provide a compelling governmental interest for prohibiting the production, distribution, possessing, sale or viewing of all forms of child pornography, including computer-generated depictions which are, or appear to be, of children engaging in sexually explicit conduct."
http://www.cyber-rights.org/reports/uscases.htm

The Children’s Internet Protection Act
The Children’s Internet Protection Act (CIPA) was enacted 2000 to address access to offensive content over the Internet on school and library computers. CIPA requires certain types of protection on any school or library that receives funding support for Internet access or internal in order to ensure the safety of children using the computers.

The PROTECT Act
In 2003, the PROTECT Act (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today) was signed into law. This Act expanded the use of Amber Alerts, making funds available to each State to ensure that law enforcement is able to quickly alert the public about missing children . This Act also increased penalties for sexual exploitation of children and child pornography. For example, a first offense of using a child to produce child pornography is now 15 to 30 years. This legislation clarified and strengthened the prohibition on ‘virtual’ child pornography, prohibits any obscene materials that depict children, and provides tougher penalties.

The Adam Walsh Child Protection And Safety Act Of 2006
The Adam Walsh Child Protection And Safety Act Of 2006 created regional Internet Crimes Against Children Taskforces (ICACT) that will provide funding and training to State and local law enforcement to help combat crimes involving the sexual exploitation of children on the Internet. http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.04472

Operation Predator
Operation Predator help law enforcement find and prosecute foreign pedophiles, human traffickers, sex tourists, and Internet pornographers who prey on children. Operation Predator was developed by the Department of Homeland Security/U.S. Immigration and Customs Enforcement (ICE). It was launched in 2003.

Project Safe Childhood
In 2006, Project Safe Childhood was implemented through a partnership of U.S. Attorneys, ICAC Task Forces, and other federal, state, and local law enforcement agencies to investigate and prosecute crimes against children facilitated through the Internet or other electronic media and communications devices. Communities will design and execute programs tailored to meet their individual needs while maximizing national resources.

Connecticut

Connecticut Computer Crimes Task Force
The Connecticut Computer Crimes Task Force was formed in March 2003. The Task Force is responsible for investigating crimes occurring over the Internet, such as computer intrusion, Internet fraud, on-line crimes against children, copyright violations, and Internet threats or harassment. Members of the Task Force include representative from the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Connecticut State Police, the Connecticut Chief State's Attorney's Office, the Defense Criminal Investigative Service, the Criminal Investigation Division of the Internal Revenue Service, U.S. Secret Service and detectives from the Glastonbury, New Britain, Milford, New Haven and Windsor police departments.
http://www.fbi.gov/pressrel/pressrel04/compcrimes063004.htm

Sex Tourism

United States
Prosecutorial Remedies and other Tools to end the Exploitation of Children Today (PROTECT) Act and the Trafficking Victim’s Protection Reauthorization Act.
In 2003, the Prosecutorial Remedies and other Tools to end the Exploitation of Children Today (PROTECT) Act and the Trafficking Victim’s Protection Reauthorization Act were became laws. These laws increase penalties to a maximum of 30 years in prison for engaging in Child Sex Tourism. Since the passage of the PROTECT Act, there have been over 20 indictments and over a dozen convictions of child sex tourists.

Human Trafficking

United States
The Trafficking Victims Protection Act of 2000
The Trafficking Victims Protection Act of 2000 (TVPA) made human trafficking a Federal crime. This law was created to prevent human trafficking both internationally and domestically, to protect victims and to prosecute traffickers. Prior to 2000, no comprehensive Federal law existed to protect victims of trafficking or to prosecute their traffickers. It also establishes a Cabinet-level federal interagency task force and establishes a federal program to provide services to trafficking victims. The TVPA was reauthorized in both 2003 and 2005. (http://www.acf.hhs.gov/trafficking/about/TVPA_2000.pdf)

Connecticut
Special Act 04-8
In 2004, Special Act 04-8 created The Interagency Task Force on Trafficking in Persons. This Task Force is comprised of elected officials, law enforcement officials, state agency representative and community organizations. The Task Force was created to research the scope of trafficking in Connecticut and to determine what services are available to victims. (http://www.cga.ct.gov/PCSW/Trafficking/traffickinghome.htm)

Pending Federal Legislation
Stop the Online Exploitation of Our Children Act of 2006
The Stop the Online Exploitation of Our Children Act of 2006, drafted by Sen. John McCain, would require Web sites that offer user profiles to delete pages posted by sex offenders. This proposal would also require Web sites and personal blogs to report illegal images or videos posted by their users or pay fines of up to $300,000.

Pending Connecticut Legislation
An Act Concerning Safe Use of the Internet
Proposed Bill No. 5389, An Act Concerning Safe Use of the Internet, has been proposed by Representative Roldan (4th Dristrict). This legislation would require public schools to provide instruction on the proper and safe use of the Internet to Connecticut students in grades kindergarten to twelve. The bill is currently awaiting screening in the Education Committee.

Contact Your Elected Officials
Visit http://votesmart.org/index.htm to find your elected officials’ contact information. Call, write, or e-mail them to encourage them to support legislation that will prevent commercial sexual exploitation.