# Amicus Curiae Brief — Jacobson v. United States

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385013_0072%3A11

## Record

- **Collection:** Supreme Court brief
- **Document type:** Amicus Curiae Brief
- **Published:** January 1, 1992
- **Citation:** 503 U.S. 540

## Text

REST AVAILABLE COPY —

TABLE OF CONTENTS

Page
TABLE OF CONTENTS. .0.........ccccccccccccceccceccceseceeseees
TABLE OF AUTHORITIES ..0............cccccccccceeeeeeeeeeees iil
INTEREST OF THE AMICI CURIAE o.0000.000cccccccececs. ]
SUMMARY OF ARGUMENT. ............cccccccceesececeeeeecee, l
GEETTE ‘sevtissndncnmnssteicnisbnininnedidscaseessenssecenssaseceseces 4

I. THE SECRETIVE, UNDERGROUND PEDO-
PHILE AND CHILD MOLESTER NETWORK
AND ITS DESPERATE NEED FOR CHILD
PORNOGRAPHY REQUIRES LAW ENFORCE-
MENT TO USE UNDERCOVER STINGS TO
DETECT CLANDESTINE CRIMES AGAINST
UEETNEITITEY ecididitniabiistienonsienmietibineetnndesdantnindooss 4

A. Pedophiles And Child Molesters Are Ob-
sessed With Child Pornography And Thus
Have A Unique Predisposition To ‘“Re-
I a 5

B. The Underground Child Pornography
Network By Its Secretive Nature Re-
uires Innovative Reverse Stings To In-
Itrate And Detect Child Pornography
SUIT: sibatseianiiliiiiiniinsiaiiiicanacinmamanemanetioes )

C. Child Pornography Is Directly Connected
With Child Molestation. ......00..0.00...ccccce0. 12

Il. THE STATE’S INTEREST IN PROTECTING
CHILDREN FROM BEING VICTIMIZED BY
CHILD PORNOGRAPHY JUSTIFIES THE USE
OF UNDERCOVER OPERATIONS TO IDEN-

TIFY CONSUMERS OF CHILD
SUN IIIIIITITINI - sctincistactisincnsndecesipincesnoeseasencs 16

A. Child Pornography Involves Substantial
BEMOME TO CRGIOR. ..ccccccccccccccssccccesecsoseces 16

B. Special Harm To Child Victims Demands
Innovative ‘‘Reverse Sting’’ Operations
To Stop The Devastation Which Child
Pornography Causes To Children. ..........

Ill. JACOBSON’S NUMEROUS POSITIVE RE-
SPONSES INDICATE HIS INTEREST IN
CHILD PORNOGRAPHY AND DEMON.
STRATE THAT AS A MATTER OF LAW, NO
ENTRAPMENT OCCURRED ............s0scceseeeeees

A. Courts Have Recognized That The Diffi-
cult Detection Of Child Pornographers
uires Sting Operations To Pierce The
Underground, Clandestine Pedophile
PUGCWOEE,. .cccocecesssesnnsessnisiineiaeaanae

B. Overturning The Jury’s Rejection Of The
Entrapment Defense Is Unwarranted In
1) Lt Yee

C. No Improper Inducement Nor Lack Of
Predisposition Exists In The Instant Case
Find Entrapment As A Matter of

fll. sccscscessoeseseesonsansipaaiaiannn

(i) Mail Correspondence Is Clearly Un-
obtrusive And Proper Inducement To
Detect Such Crimes. ............ccssesssessees

(ii) Eight Affirmative Responses From
Jacobson Provide Ample
PYOGIGROGIEGR,. ..<<<ccscssersecstnsenseaaianaan

CONCLUSION | ..cccccocccossesensesssiecsenaniisniiiainnnaannnen
APPEIDEL | ..cccccccsccsceccenscsnsscesessininaaninannnnee

19

20

20

22

23

23

25
30

la

in

TABLE OF AUTHORITIES

Page

Grimm v. United States, 156 U.S. 604 (1895) ...... 26
Matthews v. United States, 485 U.S. 58 (1988) ..... 23
New York v. Ferber, 458 U.S. 747 (1982) ............ passim
Osborne v. Ohio, 495 U.S. , 110 S.Ct. 1691

IIIa cttninncennnnenenennsncosonceseccoceses passim
Prince v. Massachusetts, 321 U.S. 158 (1944) ....... 16
Rochin v. California, 342 U.S. 165 (1952) ............ 29
Sherman v. United States, 356 U.S. 369

EELS 24,25,29
Sorrells v. United States, 287 US. 435 (1932) ..... passim
United States v. Burkley, 591 F.2d 903 (1978) ..... 25
United States v. Driscoll, 852 F.2d 84 (3rd Cir.

EE EEE 28
United States v. Esch, 832 F.2d 531 (10th Cir.

LE 21,25
United States v. Gambino, 788 F.2d 938 (3rd Cir.

ii nrcerinamaredeceaueooncnscosencesece 23,25
United States v. Goodwin, 854 F.2d 33 (4th Cir.

aca scncmensnmsnonncoonoces 28
‘ited States v. Hunt, 749 F.2d 1078 (4th Cir.

ST IITIidiastiidtiansenibineednseteaseencescesccescocccecee 22,23,24
United States v. Jacobson, 916 F.2d 467 (8th Cir.

ESE SET EE ED 22 23,29
United States v. Jannotti, 673 F.2d 578 (3rd Cir.

1982). cert. denied 457 U.S. 1106 (1982) ..... 22,23 ,26

United States v. Jenrette, 744 F.2d 817 (D.C. Cir.
1984), cert. denied, 471 U.S. 1099 (1985) .... 22,23,25

United States v. Johnson, 855 F.2d 299 (6th Cir.

ATT 21
United States v. Kelly, 707 F.2d 1460 (D.C. Cir.
1983), cert. denied, 464 U.S. 908 (1983) ........ 26

United States v. Lard, 734 F.2d 1290 (8th Cir.
Ear 24

iV

Table of Authorities Continued

Page

United States v. Mitchell, 915 F.2d 521 (9th Cir.

I sitehaencehaiin ii ia ci tiaeeniiieia ie 27
United States v. Moore, 916 F.2d 1131 (6th Cir.

IT ‘ctiesessesternesiinnthiasedieaadehaidesdenaeicauaiaaieaeadid tceeceuaaeinea ate 2
United States v. Musslyn, 865 F.2d 945 (8th Cir.

ee ee ee 21,27
United States v. Myers, 635 F.2d 932 (2d Cir. 1980),

cert. denied, 449 U.S. 956 (1980) .........000000. 26,27
United States v. Russell, 411 U.S. 423

Ee A 24,25,29
United States v. Spivey, 508 F.2d 146 (10th Cir.

TU Gecieiieicapeiheadencini iene 24

United States v. Thoma, 726 F.2d 1191 (7th Cir.
1984), cert. denied, 467 U.S. 1228 (1984) .... 23,27,29

United States v. Viviano, 437 F.2d 295 (2d Cir.),

cert. denied 402 U.S. 783 (1971) ...........cccceeees 25
United States v. Weigand, 812 F.2d 1239 (9th Cir.

SITET) . canshamsuseeneceinnmeinmetinamnmmnimniinitciaiiaiinslimdaniieaatapen 30
United States v. Williams, 705 F.2d 603 (2d Cir.

SUSETEED . cenepectatictatiebibditarimmmumanieaeniminieeininsiimaniiinianee 24,25
STATUTES AND RULES
Pub.L. 101-647, § 322, 104 Stat. 4816 (19990) ....... 19
OTHER AUTHORITIES
G. Abel, Sexual Aggressive Behavior (1986) ........... 15
American Psychiatric Association, Di tic and

Statistical Manual of Mental Di (3rd ed.

SEITE carcsrensicniinitarpeieeiamablaseentieiiiatiaiatnaniaiaaassiatiinareaiieenaes 5,17
Attorney General’s Commission on Pornography, Fi-

| SS On passim

R. Bennett, “The Relationship Between Pornogra-
poy and Extrafamilial Child Sexual Abuse,”
Police Chief, (February 1991) ................... 8,20
— Blick, and a Se “Expert Chi Sexual
the Dynamics of Intra-F
Abuse and Principles of Child’ Develo Developme
in ABA National’ Le Resource Cooter ; ™
Child Advocacy and Child Sexual
Abuse and the Law (5th ed. 1984) ceaianinnnsane 17

Table of Authorities Continued

Page

Burgess, Groth, and McCausland, Child Sex [niti-

ation Rings, 51 Amer. J. Orthopsychiat. 110
STTIEIED cumunpnnanteennabentensinibnbatemnintsnninedsentmenmnnsseen 13

D. Campagna and D. Poffenberger, Serual Traf-
ficking in Children (1988) .........ccccccccceeeeeeeeeeees 7,13

Carter, Use of Pornography In the Criminal and
Deve Histories of Sexual Offenders,
Report to the National Institute of Justice and
National Institute of Mental Health (1985) .... 15

Cerkovnik, The Sexual Abuse of Children: Myths,
Research, and Policy Implications, 89 Dick L.

SS CF eae 17
V. Cline, Pornography Effects: Empirical & Clinical

Evidence eee 14
136 Congressional Record $4728-02 (Statement of

EEO 20

H. Davidson and G. Loken, Child Pornography and
Prostitution (National Center for Missing and

Exploited Children 1987) ............:ccccccceeseeeeeees 14
J. Dobson, “Enough is Enough,” in Pornography,

A Human Tragedy (1986) ..........ccccccccceeeeeeeeeees 18
D. Finkelhor, Child Serual Abuse: New Theory and

IIIS SUITED sssnsinsnsdeceeesineieiaiennitinemnenattimenmmenins 17

Halleck, “‘Emotional Effects of Victimization,”’ in
Sexual Behavior and the Law (R. Slovenko ed.

ED sattincntcenstnnmensintnnietocnmsmeninnnnimnnmenttomcs 17
R. Holmes, The Sex Offender and the Criminal Jus-

tice System (1983) ...........ccceceseseseseseseceeeeeserereees 16
J. Landis, Experience of 500 Children with Adult

Sexual Deviation, 30 Psychiatric Q. 100

TIIITIE scenesebietuesisamienstnensueceeneniiiiuanesemennnmennsesere 17
K. Lanning, Child Molesters: A Behavioral Analysis .

(2d 1987) eel atia aida areiaeeaiarriiaes passim
K. ing, “Collectors”, in Child Pornography and

Sex Rings (A. Burgess ed. 1984) ...............000 13

Libai, The Protection of the Child Victim of a Sexual
Offense in the Criminal Justice System, 15
TG Ue 17

Table of Authorities Continued

R. Lusk and J. Waterman, “Effects of Sexual Abuse
of Children,”’ in Sexual Abuse of Young Chil-
‘on MacFarlane and J. Waterman eds.

ITED scinndinnedtsesenunsininismnateanienenaimmmemenneianees
W. Marshall, Report on the Use of Pornography by
Sexual Offenders, Report to the Federal De-
partment of Justice, Ottawa Canada (1983) ...
W. Marshall, Use of Sexually Explicit Stimuli by
Rapists, Child Molesters and Non-Offenders, 25
J. of Sex Research 267 (1988) ............ccccccccee
S. O’Brien, Child Abuse: A Crying Shame (1980) .
S. O’Brien, Child Pornography (1983) ...................

National Center of Child Abuse and Neglect. Chil-
dren’s Bureau, United States Department of
Health and Human Service, Study of National
Incidence and Prevalence on Child Abuse and
Wagedt (1GGB (TBE ....cccccccccccccccccocesccccccccosees

Prager, Serual ey a ty and Child Molesters:
The Experiment Fails, 6 J. Juv. L. 49

Report of Surgeon General’s Workshop on Pornog-
raphy and Public Health, United States De-
partment of Health and Human Services
ne CIID seenerinisicsiesttenisesinriienanniontcianinenmnnesnens

T. Rogers, testimony submitted to the Attorney Gen-
eral’s Commission on Pornography, Washing-
ton, D.C. (November 20, 1985) ...........00cceee.

S. Rep. No. 438, 95th Cong. 2nd Sess. (1978) ......

Schoettle, Child Exploitation: A Study of Child Por-

nography, 19 J. Am. Acad. Child Psychia

289 (1980) x Biciltnacntientes haben nents ond
D. Scott, Pornography, Its Effect On the Family,

Community and Culture (1985) ..........ccccccccceeee

S. Sgroi, Kids With Clap: Gonorrhea as an Indi-
cator of Child Serual Assault, 2 Victimology
ee GEE ctudedinincsintncaicnadaiairmndiinisaninnitiitnainanniniiins

16

17

13,15

13
12

16

12

18

vii
Table of Authorities Continued

S. Sgroi, Pediatric Gonorrhea Beyond Infancy, 8
ediatric Ann. 5 (1979) ..............ccccccccsseereeeeeees 18

Summit and Kryso, Sexual Abuse of Children: A
Clinical Spectrum, 48 Am J. Orthopsych. 237
TIE ‘ccsenaimmnsenmennsnbdidenninaianmnniembinmensnitboneieen 17

The Effects of Pornography on Children and Women,

earings before the Subcommittee of Juvenile

Justice, Committee on the Judiciary, U.S. Sen-

ate (testimony of John Rabun, for the National

Center for Missing and Exploited Children,
ND, TR, BRR crccensenescscnnssnensscmecscsssesemnsensesces 12

United States De ment of Health and Human
Services, Child Sexual Abuse: Incest, Assault,

Sexual Exploitation (1981) .........ccccccccccceeereeees 16
United States Department of Justice, Network News
SET: DIED ‘sunisemasivensunentnnpemnemnieiendicenmieenees 14

United States Senate, Permanent Subcommittee on
Investigations of the Committee on Govern-
mental Affairs, Child Pornography and Pedo-
philia, 99th Cong., Ist Sess. (1988) .............. passim

INTEREST OF THE AMICI CURIAE*

The National Center for Missing and Exploited Chil-
dren, the national non-profit resource center for child pro-
tection established in 1984, spearheads national efforts to
locate and recover missing children, and raises public
awareness about ways to prevent child abduction, moles-
tation, and sexual exploitation.

The National Law Center for Protection of Children and
Families, a national non-profit law center and clearing-
house which focuses upon legal and research issues sur-
rounding child sexual exploitation and illegal pornography,
concentrates on the enforcement of existing laws, the pro-
mulgation of the new ordinances and legislation, the de-
fense of such legislation and public/professional education
in the areas of sexual exploitation and illegal pornography.

National Coalition Against Pornography is a national non-
profit organization which seeks to eliminate child pornog-
raphy and illegal obscenity city by city across the entire
United States through building broad coalitions, raising
public awareness and facilitating legal and legislative ac-
tion.

National Family Foundation is a non-profit organization
which was orgariized to collect, synthesize, and integrate
medical, clinical, and social science evidence and theory to
bring greater understanding and solutions to the problems
of the American children and families.

Athletes for Kids is a non-profit organization representing
over 200 professional athletes and dozens of corporate
leaders nationwide who have joined together with a com-
mon purpose of educating young people about the harms
of pornography, drug abuse, and illicit sex.

SUMMARY OF ARGUMENT

A careful examination and comparison of the present
facts to three important areas: (1) the nature of pedophilia,

* A complete description of Amici may be found in the appendix. This
brief is submitted with the written consent of both parties, filed with
the clerk of this Court.

(2) its underground, secretive network and (3) the uncon-
troverted link between child pornography and child mo-
lestation, will highlight petitioner’s predisposition to
purchase child pornography and the necessity of reverse
stings to pierce the network and help stop the multi-fac-
eted harm to children from child pornography. Pedophiles
(persons with a sexual preference for children) and child
molesters have many common characteristics. The most
pervasive is their use, obsession with, and collection of
child pornography and child erotica. Such pornographic
material is essential to them for personal stimulation, se-
duction of children, teaching tools and blackmail to keep
their child molestation secret. The network in which pe-
dophiles and child molesters operate to obtain child por-
nography is now underground, secretive and cautious of
unknown individuals. Due to aggressive enforcement, and
the nature of the underground pedophile network, tradi-
tional investigative techniques, such as purchasing the ma-
ter'als or detecting the producers, has become virtually
impossible. Only ‘reverse stings,” where the undercover
agent poses as foreign child pornographers, have proven
successful to pierce the shroud of secrecy and detect such
crimes agains‘ children. ‘“‘Government undercover opera-
tions [reverse stings] are severely needed to prevent and
deter those who ... purchase ... child pornography.”
United States v. Moore, 916 F.2d 1131, 1138 (6th Cir.
1990).

This Court has recognized in New York v. Ferber, 458
U.S. 747 (1982), and Osborne v. Ohio, 495 U.S. __ , 110
S.Ct. 1691 (1990), the serious, multiple harms to children
caused by child pornography and strongly recognized the
state’s “compelling’”’ interest in protecting child victims
from child pornography. Since child pornography is child
molestation in pictures and in progress—i.e., crime scene
photographs—all legitimate avenues must be explored to
eliminate child pornography.

Despite the overwhelming evidence to the contrary,
petitioner has requested this court to overturn the jury’s
rejection of the entrapment defense and hold as a matter

3

of law that he was entrapped into purchasing child por-
nography. First, a jury verdict which rejected the entrap-
ment defense may be overturned only if no reasonable jury
could have found that the government proved predispo-
sition to commit the crime. Second, lack of predisposition
is demonstrated only where the government manufactures,
not detects, the criminal intent to buy child pornography.
In essence, the government merely gave Jacobson the Op-
portunity to exercise his predisposition to purchase child
pornography. They did not implant the criminal thought
or force the illegal conduct.

Clearly, eight positive responses indicating Jacobson’s
interest in child pornography and his two, not one, pur-
chases of child pornography provide ample evidence of his
predisposition. His prior order of Bare Boys I and II from
a known pornography distributor, his expressed interest
in teenage and pre-teenage sexual activity, and his eager-
ness to receive the explicit sex catalogs and order from
them illustrate, at the very least, that Jacobson was not
reluctant to commit the child pornography offense. He rose
to the bait, repeatedly and without reluctance, where any
normal person would have thrown the mailings away, asked
that they be stopped, or filed a complaint with the
authorities. His final order of Boys Who Love Boys, de-
scribed in the catalog as “‘eleven year old and fourteen
year old boys who get it on in every way possible—oral,
anal sex and heavy masturbation,”’ leaves little doubt that
he knew what he was doing and was predisposed to pur-
chase such material.

Reverse sting investigations in federal child pornography
cases have provided the most effective method to detect
and stop the purchase and use of child pornography.
Hundreds of individuals, most undoubtedly pedophiles or
child molesters, who have been convicted over the past
five years, would not have been detected nor caught with
traditional investigative methods. The secretive under-
ground network, which distributes and buys child pornog-
raphy, is a continuing threat to children and can and must

be pierced by “reverse stings’ to prevent further sexual
abuse of children from child pornography.

ARGUMENT

I. THE SECRETIVE, UNDERGROUND PEDOPHILE AND
CHILD MOLESTER NETWORK AND ITS DESPERATE
NEED FOR CHILD PORNOGRAPHY REQUIRES LAW
ENFORCEMENT TO USE UNDERCOVER STINGS TO
DETECT CLANDESTINE CRIMES AGAINST CHILDREN

The very nature of pedophilia and the use of child por-
nography is so unique that it led the Attorney General’s
Commission on Pornography in 1986 to say that “because
the problem of child pornography is so inherently different
from the problems relating to the distribution of legally
obscene material, it should be no surprise to discover that
tools designed to deal with the latter are largely ineffective
in dealing with the former.’’' Law enforcement has dis-
covered that the normal investigative techniques employed
against even distributors and consumers of adult pornog-
raphy are not generally successful against distributors or
consumers of child pornography.”

To properly understand the absolute necessity for un-
dercover tactics and mail order reverse stings in child

pornography cases, it is critical to first comprehend three
important things:

(1) the nature of pedophilia and child molestation;

(2) the workings of the secretive, underground pe-
dophile and child molester network; and

(3) the direct connection between child pornography
and child molestation, and its link in the circular
chain of child sexual victimization.

A comparison of the present facts to these three areas
will hopefully enlighten the Court concerning Jacobson’s

' Attorney General's Commission on Pornography, Final Report, Jul
1986, p. 410 [hereinafter Commission on Pornography). —

*Id. at 406.

predisposition and the necessity of reverse stings to stop
the multi-faceted harm to children from child pornography.

A. Pedophiles And Child Molesters Are Obsessed
With Child Pornography And Thus Have A Unique
Predisposition To “‘Reverse Stings.”’

Law enforcement, media, and the public often use pe-
dophile and child molester interchangeably; however, they
are not synonymous terms. The term pedophilia is com-
monly used to mean ‘‘a sexual perversion in which children
are the preferred sexual objects.’’ Technically, however,
pedophilia is a psychiatric disorder defined as essentially
“recurrent, intense, sexual urges and sexually arousing
fantasies, of at least six months’ duration involving sexual
activity with children.’’* While all pedophiles have a sexual
preference for children, they can and do have sex with
adults and span the full spectrum from saint to monster.
A child molester, however, may not have a sexual pref-
erence or fantasy for children, but may sexually abuse
children due to availability, avoidance of sexually trans-
mitted disease from adults, curiosity, or desire to hurt a
loved one of the molested child. On the other hand, a
pedophile may not act out his fantasies or preference for
having sex with children and thus not become a child mo-
lester.‘

One common characteristic of both pedophiles and child
molesters is the use and consumption of pornography. As
one FBI behavioral scientist has said: ‘Child pornography
exists primarily for the consumption of pedophiles. If there
were no pedophiles, there would be little or no child por-

nography ....’”

A 1983 study by Dr. William Marshall revealed that
eighty-seven percent (87%) of child molesters of girls and

*» American Psychiatric Association, Diagnostic and Statistical Manual
of Mental Disorders 271 Section 302.20 (3rd ed. 1980).

*K. Lanning, Child Molesters: A Behavworal Analysis 1-3 (2d ed 1987)
{hereinafter Child Molesters).

‘Id. at 18.

seventy-seven percent (77%) of child molesters of boys ad-
mitted regular use of pornography. Pornography was re-
portedly used for three main purposes:

(1) to stimulate the viewer or child molester;

(2) to destroy or lower the natural inhibitions to sex-
ual activity in their intended child victims; and

(3) to teach children to imitate the conduct in their
real life sexual encounter with an adult.®

According to the Congressional Subcommittee on Child
Pornography and Pedophilia, ‘‘no single characteristic of
pedophilia is more pervasive than the obsession with child
pornography.’’’ In short, pedophiles and child molesters
crave and use child pornography and are real, continuing
threats to children.

Another common trait identified through research and
law enforcement experiences is that both pedophiles and
child molesters are collectors of child pornography and child
erotica.* These sexually explicit collections are always kept
in secret, often catalogued and well organized, and gen-
erally used for stimulation, seduction, validation of the

* W. Marshall, Report on the Use of Pornography by Sexual Offenders,
Report to the Federal Department of Justice, Ottawa Canada (1983) see
also W. Marshall, Use of Sexually Explicit Stimuli by Rapists, Child
Molesters and Non-Offenders, 25 J. of Sex Research 267-288 (1988).

"U.S. Senate, Permanent Subcommittee on Investigations of the
Committee on Governmental Affairs, Child Pornography and Pedophi-
lia, 99th Cong., lst Sess. (1986) (Available at the U.S. Government
Printing Office, Washington, D.C.) 46 [hereinafter Child Pornography
and Pedophilia).

* Child Molesters at 17. Child erotica, which is a broader and more
encompassing term than child pornography, is any material, relating to
children, that serves a sexual purpose. Child erotica can be published
material on child development, man-boy love, nudism, personal adver-
tisements, men’s magazines, adult pornography advertisements, access

to children, etc., and unpublished material such as diaries, letters, news-
letters, telephone and address books. Jd.

deviant behavior or blackmail of the victim to keep his
secret.°

Once one understands this distinctive characteristic of
pedophiles and child molesters, it is obvious that no one
but a person predisposed to the use of child pornography
would have answered any of the mailings sent by the
postal inspectors. An ordinary citizen who was not pre-
disposed would have: (1) thrown the material out, (2) con-
tacted the postal authorities to stop any further delivery,
or (3) approached the police about filing a complaint. The
petitioner did none of the above, but answered all of the
mailings in various affirmative ways. His persistence in
corresponding to obtain child pornography is consistent
with the single most pervasive characteristic of pedophilia:
obsession with child pornography for use and collection."

Pedophiles and child molesters have two additional im-
portant common traits: (1) desired access to children, and
(2) seduction rather than force for sexual exploitation of
children. Because of their excessive interest in children,

* Jd. at 17-18. Pornography (such as men’s magazines) is initially shown
to the child casually for ‘‘sex education” to raise the curiosity level of
children who are often surprised and bewildered about the sex acts.
Once adult pornography has convinced the child that sex is acceptable,
even enjoyable, child pornography is introduced to show that other chil-
dren participate in sexual activity with adults or peers. Continued show-
ings of child pornography will lower the natural inhibitions of a child
to a point where kissing and sexually touching of the child may be
accomplished by the molester. Eventually, the seduction process pro-
gresses to more explicit activity between the child and adult or other
children using child pornography as instructional aids. S. O’Brien, Child
Pornography, 89-90 (1983). Finally, still photographs in a “modelling
session,”” home video movies, or professional filming occur for blackmail,
personal collection of memories, future stimulation, trade with other
molesters, commercial sale, or use to seduce other child victims. D.
Campagna and D. Poffenberger, Serual Trafficking in Children, 118
(1988) {hereinafter Serual Trafficking].

Child Pornography and Pedophilia at 4.

pedophiles will gravitate to boy scout leadership, day care
work, school bus driving, etc., and will often frequent
schoolyards, arcades, and shopping centers to socialize with
children.'' The abuser, by meeting the children on their
own “‘turf,’”’ begins the process of seduction that leads to
the abuse and eventually to continued activity in the un-
derground network.

Significant characteristics of pedophilia and child mo-
lestation appear to be present in petitioner’s situation.
First, his access to the children comes through his more
than ten years as a bus driver in a public school system.
Second, Bare Boys I and Bare Boys II may not be child
pornography but, under anyone’s criteria, they are child
erotica. There appears to be no other legitimate rationale
for this petitioner owning pictures of naked boys other
than for sexual stimulation. As stated previously, child
molesters/pedophiles seem to be the only market for child
erotica and child pornography. In fact, in a study con-
ducted by the Los Angeles Police Department,child por-
nography and child erotica were categorized together as
pornography because “... both types serve identical pur-
poses’’ for the pedophile/child abuser: ‘‘to desensitize the
child and lower his or her inhibitions.’’* After their in-
vestigation, the Senate’s Permanent Subcommittee con-
cluded, “The seizure (of child pornography/child erotica)
often is the first indication that the recipient may be mo-
lesting children.”* Finally, Jacobson’s expressed interest

" Id. at 11-15.

* R. Bennett, “The Relationship Between Pornography and Extra-
familial Child Sexual Abuse”, The Police Chief, 19 y «ea 1991).
(hereinafter Pornography and Child Serual Abuse]. The review of all
arrests for sex crimes against children (extrafamilial child sex abuse
cases) from 1980-1989 revealed that pornography was discovered in
eighty-eight percent (88%) of cases, with child pornography recovered
in over twenty-three (23%) of the cases. According to the study, “Clearly
pornography is an insidious tool in the hands of the pedophile popu-
lation. The study merely confirms what detectives have long known:
that pornography is a strong factor in the sexual victimization of chil-
dren.”’ Jd. at 19.

‘* Child Pornography and Pedophilia at 37.

in teenage and pre-teenage sexual activity and his purchase
of such sexually explicit material is clearly consistent with
such uniquely characteristic traits.

B. The Underground Child Pornography Network By
Its Secretive Nature Requires Innovative Reverse
Stings To Infiltrate And Detect Child Pornography
Crimes.

By knowing the intricate workings of the child pornog-
raphy network and the indicia of membership in the net-
work, the Court will better understand that only certain
people will rise to the bait offered by the postal inspector
or customs agent.

In Ferber, 458 U.S. at 747, child pornography became
a serious separate crime which was easier to prosecute,
and consequently, law enforcement has been aggressively
investigating such offenders. Since Ferber, organized
crime’s commercial interest has waned and an under-
ground “cottage” industry and clandestine pedophile net-
work have taken over.'* The consumers of child
pornography are often the producers of the material and/
or the distributors of the material. The United States Sen-
ate’s Permanent Subcommittee on Investigations concluded
that “the distribution of child pornography in the United
States is largely carried on by individual pedophiles, who
produce this material and trade it among themselves or
order it through the mail from other countries.’ ‘The
greatest bulk of child pornography is produced by child
abusers themselves in largely ‘cottage industry’ fashion,’
and more than any single factor, this demands covert be-
havior by both the pedophiles and the police. Moreover,
the producer is, in fact, a child abuser because the pro-

“It should be noted that there still “... is a domestic commercial
pornography industry, but it is quite clandestine, and not nearly as
large as the non-commercial use of and trade in non-commercially pro-
duced sexually explicit pictures of children.’’ Commission on Pornog-
raphy at 409.

‘* Child Pornography and Pedophilva.
* Commission on Pornography at 410.

10

duction of “child pornography necessarily includes the sex-
ual abuse of a real child.’’"’

This underground network creates a serious problem for
investigation and apprehension of these child abusers. The
police cannot simply trace material back to a distribution
point, or subpoena the records of a known publication com-
pany, and they certainly are unable to go door to door
and ask Mr. and Mrs. Public if they consume child por-
nography. In order to ferret out the consumers, producers
and distributors of child pornography, the police must be
allowed to aggressively seek out this underground net-
work. The most effective method of detecting such crimes
is to enter one of the underground network channels. There
are two identifiable channels of this network: “(1) the cot-
tage industry ard (2) a commercial network for child por-
nography, consisting to a significant extent of foreign
magazines ....’"* These two facets are, however, irrev-
ocably linked to one another to the detriment of the chil-
dren pictured in the child pornography material.

Since most of the material presently being distributed
by the magazines and videos is simply collections of non-
commercially produced pedophile collections,'® without the
initial abuse by the pedophile, there would be no non-
commercial child pornography. Likewise, since pedophiles
and child molesters are the only known consumers, there
would also be very limited commercial child pornography
distribution. This symbiotic, parasitic behavior by the pro-
ducers, distributors, collectors, and users of child pornog-
raphy is at the heart of the government’s strategy in the

"Id. at 406.
"Id. at 408.

* Id. at 408. These photographs are edited in some semblance of order
and circulated as completed magazine issues. The production of the
material first abuses the child when the sexual behavior occurs and is
filmed, and then again when the pictures are traded, sold or distributed
through the magazines.

11

“Project Looking Glass’ and “Operation Borderline’ re-
verse stings.”

Petitioner contends that his responses to the postal in-
spector’s mailings were innocuous and without sinister con-
novations. The evidence is, however, quite to the contrary.
Ch.ld pornography and its distribution is a clandestine busi-
ness and as such, is not only difficult to detect, but even
when a suspect is detected, his secretive nature often
makes investigation difficult because he is extremely cau-
tious in his dealings with unknown individuals. It was not
until after several contacts with the “overseas child por-
nography distributor” that petitioner let down his guard
and ordered the child pornography. However, it was ob-
vious throughout his correspondence that petitioner was
very interested in the materials. He wanted information
about teenage and pre-teenage sexuality and eventually
ordered Boys Who Love Boys and other child pornography
without there being any doubt as to the nature of the
material. The petitioner cannot hide behind the common
ploy of many child pornography collectors that his caution
is actually a lack of interest or predisposition. Only those
who are stimulated in some way by the child pornography
would even consider responding.

* In the present case, the petitioner positively responded and ordered
child pornography from these two undercover “reverse stings’ con-
ducted by the U.S. Postal Inspectors and U.S. Customs agents respec-
tively. Such innovative investigative operations were pioneered because
the traditional attempts to buy child pornography from sophisticated and
cautious individuals involved with the underground pedophile and child
molester network had been, for the most part, unsuccessful. Essentially,
both “reverse stings’’ were set up as follows: (1) establish an overseas
corporation posing as commercial child pornographers; (2) identify and
mail inquiry letters and surveys to suspects from other pornography
mailing lists or convictions for child sexual offenses; (3) if positive re-
sponses and requests for catalogs are received, mail a catalog describing
the explicit sexual materials involving children; (4) process the order
and monetary pre-payment for the child pornography to arrange for
delivery and search; and, (5) make a controlled delivery of the child
pornography with a search of the premises to immediately follow.

12

C. Child Pornography Is Directly Connected With
Child Molestation.

The rapid growth of child pornography*' reveals a de-
mand for material by individuals who are stimulated, even
obsessed, by depictions of sexual activity with children.
Law enforcement studies have verified that pedophiles and
child molesters almost always collect child pornography
and child erotica.“ A recent study of 1,400 child sexual
exploitation cases reported in Louisville between July 1980
and February 1984 shows that a significant number of
molestation cases involve child pornography.“ Over forty
major cases, involving twelve or more child victims, were
studied in depth in Louisville and that research revealed
that all involved various forms of adult pornography and,
in most cases, child nudes and/or child pornography were
found at the molester’s premises. “Detective William
Dworin of the Los Angeles Police Department estimates
that of the 700 preferential child molesters (pedophiles) in
whose arrest he has participated during the last ten years,
more than half had child pornography is their possession.
About eighty percent (80%) owned [some type of] pornog-
raphy.’ Child pornography plays a central role in child
molestation by pedophiles and child molesters, serving to
justify their conduct, assisting them in seducing their vic-
tims and providing a means to blackmail the children they
have molested in order to prevent exposure.

* A U.S. Senate inquiry concluded that child pornography was a hi
organized industry grossing several million dollars per year. S. an
438, 2nd Sess. 42(1978). In recent years more than one million children
have been photographed in sexually explicit poses or while engaging in
sexual acts with adults or with other children. D. Scott, Pornography,
Its Effect On the Family, Community and Culture 17 (1985).

= Child Molesters at 17-25.
= The Effects of Pornography om Children and Women, Hearings before
the Subcommittee of Juvenile Justice, Committee on the Judiciary U.S.

Senate (testimony of John Rabun, for the National Center for Missing
and Exploited Children, Sept. 12, 1984).

“ Id.
* Child Pornography and Pedophilia at 40-60.

13

The connection between child pornography and child-mo-
lestation is graphically played out during the “seduction
process” which involves the use of pornography as a
method to lower inhibitions or as an instructional tool.”
As one investigator detailed,

It was seduction. ... Once the pedophile realizes
that secret would be kept, the next time the chil-
dren would visit, they would see another type of
magazine, something like Schoolgirls, Lolita or,
again, if you are a boy lover, something like Pic-
colo.

These magazines depict children in the act of
sexual molestation, oral copulation, sexual inter-
course, sodomy, fondling, and masturbation.
When looking at this material, the children ap-
pear to be enjoying it.... [T]he children would
look at the magazines or movies, videotapes, pho-
tographs of other children and would question,
“Doesn’t this hurt, isn’t this wrong?”’

And the pedophile would demonstrate that it
doesn't hurt, that it’s a good feeling, a tickling
sensation This is the beginning of the molesta-
tion.”

In short, the cycle of sexual exploitation of children has
at its center pornography for enticement, seduction,” in-
struction and blackmail.”

*K. Lanning, “Collectors”, in Child Pornography and Sez Rings 74
(A. Burgess ed. 1984).

“ Lt. Thomas Rogers, testimony submitted to the Attorney General's
Commission on Pornography, Washington, D.C. (November 20, 1985)
(available at the National Archives in Washington, D.C.). See also Report
of Surgeon General's Workshop on Pornography and Public Health, US.
Department of Health and Human Services 13 (August 1986) [hereinafter
Surgeon General's Report).

* O’Brien, Child Pornography 1, 89-90 (1983). See Also, Commusswn
on Pornography at 138.

* See Burgess, Groth, and McCausland, Child Sex Initvatwn Rings,
51 Amer. J. Orthopsychiat. 110, 114 (1981). See also, Serual Trafficking

14

Even more alarming than the rising statistics of child
sexual abuse® and its connection to child pornography is
what researchers are now referring to as the cycle of child
victimization.*' As previously discussed, most sexually ex-
ploited children are seduced into participating in sexual
activity with adults. Some are missing children (runaways,
thrownaways, non-family abductions) who are exploited
through prostitution and pornography, and some are rel-
atives or children in the neighborhood of the molester.*
While no conclusive studies or statistics are available, it
is clear that a significant number of sexually abused chil-
dren become molesters if not treated early and adequately.
According to Gary Bishop, a convicted homosexual pedo-
phile who murdered five boys in order to conceal his sexual
abuse of them,

For me, seeing pornography was like lighting a
fuse on a stick of dynamite. I became stimulated
and had to gratify my urges or explode ... all
boys became mere sexual objects. My conscience
was desensitized and my sexual appetite entirely
controlled by actions.’”’ He then goes on to tell
how he sexually abused then killed his boy vic-
tims.* (emphasis added)

* Child sexual abuse continued to rise with a three fold increase oc-
curring between 1980 and 1986, with 138,000 reported and confirmed
cases of child sexual abuse in 1986. See National Center of Child Abuse
and Neglect, Children’s Bureau, U.S. Department of Health and Human
Service, Study of National Incidence and Prevalence on Child Abuse and
Neglect (1988 (NIS-2)). However, estimates of actual child sexual abuse
greatly exceed 138,000. It is estimated that ‘“‘one in three females and
one in ten males will be sexually molested before the age of 18; and
four million child molesters [are believed to] reside in this country.”
U.S. Department of Justice, Network News 7 (Fall 1985).

“ H. Davidson and G. Loken, Child Pornography and Prostitution 2-
3, (National Center for Missing and Exploited Children 1987) [hereinafter
Child Pornography); Child Pornography and Pedophilia at 100-101.

" Child Molesters at v-vi.

*"V. Cline, Pornography Effects: Empirical & Clinical Evidence 15

(1988) (available form the Department of Psychology, University of Utah
Salt Lake City Utah 84112). ” ”

15

According to recent studies, homosexual and heterosexual
child molesters average between thirty and sixty child vic-
tims respectively before being caught and preferential child
molesters will sexually abuse an average of 380 children
in their lifetime.“ If even some of the 380 children become
molesters who in turn sexually abuse 380 children, the
exponential increase of sexual exploitation of the children
in the second and third generations would be staggering.
The Los Angeles Police Department reports that most child
molesters (80%) were themselves molested as children and
that they generally seek out victims of the same age and
sex as when they were first molested.* Scientific research
has verified this law enforcement study by finding that
fifty-seven percent (57%) of the child molesters studied
reported that they were themselves molested as children.”

When the Court compares all the aspects of the case
with the research data surrounding pedophiles and child
pornography, the inescapable conclusion is that the
petitioner acted as only a pedophile or child molester would
act. Petitioner at anytime could have not responded or
just said ‘‘no” to the solicitation mailings and been done
with it all. But, instead, he chose to follow through to the
end. The distribution and consumption of child pornogra-
phy must be stopped, but due to its underground and
secretive nature, the task presents significant obstacles.
Certain law enforcement techniques, such as reverse stings,
are essential to pierce the secretive network and ferret
out those who would abuse or cause the abuse of our
children through pornography.

“G. Abel, Serwal Aggressive Behavior (1986).
* Child Pornography and Pedophilia at 52-53.

“ Carter, Use of Pornography In the Criminal and Developmental His-
tories of Serual Offenders, Report to the National Institute of Justice
and National Institute of Mental Health (1985) (hereinafter L’se of Por-

nography), see also Surgeon General's Report at 13.

16

Il. THE STATE’S INTEREST IN PROTECTING CHILDREN
FROM BEING VICTIMIZED BY CHILD PORNOGRA-
PHY JUSTIFIES THE USE OF UNDERCOVER OPER-
ATIONS TO IDENTIFY CONSUMERS OF CHILD
PORNOGRAPHY

Less than a decade ago, this Court identified the pre-
vention of sexual exploitation and abuse of children as
constituting a government objective of surpassing impor-
tance. Ferber, 458 U.S. at 757. Previously, in Prince v.
Massachusetts, 321 U.S. 158, 168 (1944), this Court stated
that ‘... a democratic society rests, for its continuance,

upon the healthy, well-rounded growth of young people
into full maturity as citizens.”

The problem of harm to the victimized children from
child pornography is well documented in research, law en-
forcement data and the decisions of this Court and should
be considered in any balancing test. See, Ferber, 458 U.S.

747; Osborne, 495 U.S.__ , 110 S.Ct. 1691.
A. Child Pornography Involves Substantial Harm To
Children.

Considerable evidence has accrued over the years about
the psychological and physical injuries inflicted on children
as a result of their participation in child pornography.*’
The effect of being a subject in child pornography can be
devastating.

* The Ferber Court explained inter alia as follows:

It has been found that sexually exploited children are unable to de-
velop healthy affectionate relationships in later life, have sexual dys-
functions, and have a tendency to become sexual abusers as adults ....
[SJexually exploited children [are] predisposed to self-destructive behavior
such as drug and alcohol abuse or prostitution ...." Ferber, 458 U.S.
at 758 n.9.

“In western society there is virtual unanimity that early adult/child
sexual activity causes harm to the child. See e.g., U.S. Dept. of Health
and Human Services, Child Serual Abuse: Incest, Assault, Serual Ex-
ploitation 7 (1981); R. Holmes, The Sex Offender and the Criminal
Justice System 91-103 (1983); Schoettle, Child Exploitation: A Study of
Child Pornography, 19 J. Am. Acad. Child Psych. 289 (1980); R. Lusk

17

Child sexual abuse frequently results in identifiable be-
havioral changes caused by emotional distress.** However,
fewer than six percent of these cases are reported.** Ap-
parently, children fail to speak out about sexual moles-
tation because they believe they did something wrong to
bring about the abuse.*! Most disturbing is the discovery
that children who are sexually abused are more likely when
they reach adulthood to victimize young children, partic-
ularly their own. In fact, of all sexual crimes, the recid-
ivism rate for pedophile offenders is second only to
exhibitionists.*

Among the physical injuries suffered by children in the
production of pornography are sexually transmitted dis-
eases.

How does a three and a half year old girl learn
to cope with gonorrhea of the throat and a pain-

and J. Waterman, “Effects of Sexual Abuse of Children,” in Serual
Abuse of Young Children 101-118 (K. MacFarlane and J. Waterman eds.
1986); Summit and Kryso, Serwal Abuse of Children: A Clinical Spec-
trum, 48 Am J. Orthopsych. 237 (1978).

%* J. MacDonald, Rape Offenders and Their Victims 120-145 (1971);
Halleck, “Emotional Effects of Victimization,’’ in Sexual Behavior and
the Law 684 (R. Slovenko ed. 1965); J. Landis, Experience of 500 Chil-
dren with Adult Sexual Deviation, 30 Psychiatric Q. 100-103 (1956).

“ Prager, Serual Psychopathy and Child Molesters: The Experiment
Fails, 6 J. Juv. L. 49,62 (1982); Cerkovnik, The Sexual Abuse of Chil-
dren: Myths, Research, and Policy Implications, 89 Dick L. Rev. 691-
719 (1985).

«“ §. O’Brien, Child Abuse: A Crying Shame 18 (1980).

@ See e.g., D. Finkelhor, Child Sexual Abuse: New Theory and Research
47 (1984); Berliner, Blick, and Buckley, “Expert Testimony on the Dy-
namics of Intra-Family Child Sexual Abuse and Principles of Child De-
velopment,” in ABA National Legal Resource Center for Child Advocacy
and Protection, Child Sexual Abuse and the Law (5th ed. 1984); Libai,
The Protection of the Child Victim of a Sexual Offense in the Criminal
Justice System, 15 Wayne L. Rev. 977 (1969).

“ American Psychiatric Association, Diagnostic and Statistical Manual
of Mental Disorders 271 (3rd ed. 1980).

18

ful vagina, stretched many times its normal size
because [she was used] for sexual gra fication.“

Hundreds of photographs presented to the Commission on
Pornography further illustrate the physical harm: “pitiful
boys and girls with their rectums enlarged to accommodate
adult males and their vaginas penetrated with pencils,
toothbrushes, and guns.’’”

The end-result of pedophiles acting-out pornographic
sexual/sadistic depictions of children which they view can
be death. One series of child pornography photographs
shown to the Attorney General’s Commission on Pornog-
raphy ‘“‘focused on a cute, nine-year old boy who had fallen
into the hands of a molester. In the first picture, the blond
lad was fully clothed and smiling at the camera. But in
the second, he was nude, dead and had a butcher knife
protruding from his chest.’ Many cases have been re-
ported in which a sex-related murder may have been pat-
— after a depiction found in a pornographic magazine
or film.

Distribution and sale of child pornography harms chil-
dren in ways which some researchers believe are more
severe and long lasting than harm from production.‘ Child

“Commisswn on Pornography at 209. Health officials have been
alerted for over a decade that infantile gonorrhea is an indicator of
sexual assault. S. Sgroi, Kids With Clap: Gonorrhea as an Indicator of
Child Serual Assault, 2 Victimology 251-267 (1977); S. Sgroi, Pediatric
Gonorrhea Beyond Infancy, 8 Pediatric Ann. 5 (1979).

as a “Enough is Enough,” in Pornography, A Human Tragedy
).

“ Commission on Pornography at 505.
“ The Ferber court noted as follows:

[Pjornography poses an even greater threat to the child victim than
does sexual] abuse or prostitution. Because the child’s actions are reduced
to a recording, the pornography may haunt him in future years, long
after the original misdeed took place. A child who has posed for a
camera must go through life knowing that the recording is circulating

19

pornography has a life of its own. The depictions are time-
less and may be distributed and circulated for years after
they are initially created. Each time the pornography is
exchanged the children involved are victimized again. The
harm to children from pornography occurs as a result of
the existence of the material itself.

B. Special Harm To Child Victims Demands Innova-
tive ‘Reverse Sting’’ Operations To Stop The Dev-
astation Which Child Pornography Causes To
Children.

This Court in Ferber ruled that the state’s “compelling”
interest in protecting child victims from sexual exploitaticn
through child pornography was of “surpassing impor-
tance.” 458 U.S. at 757. This Court last year in Osborne
held that mere private possession of child pornography
could be proscribed and reaffirmed that “‘it is evident be-
yond the need for elaboration that a State’s interest in
‘safeguarding the physical and psychological well-being of
a minor’ is ‘compeiling.’”’ 495 U.S. __, 110 S.Ct. at 1696
(quoting Ferber, 458 U.S. at 756-757).

State and federal courts have consistently recognized
this legitimate state interest in regulating, and eliminating,
child pornography because of its overwhelming harm to
children. Last vear Congress enacted The Child Protection
Restoration and Penalties Enhancement Act of 1990, mak-
ing it a federal crime to knowingly view or possess sex-
ually explicit conduct involving minors.” The reasoning for
such new federal legislation is clear:

The sexual exploitation of a child is one of the
most heinous crimes any person can commit.
Those who possess and view this material com-

within the mass distribution system for child pornography

(‘{I}t is the fear of exposure and the tension of keeping the act secret
that seem to have the most profound emotional repercussions and in-
creases the emotional and psychic harm suffered by the child’). Ferber
458 U.S. at 759 n.10.

* Pub. L. 101-647, § 322, 104 Stat. 4816 (1990).

20

prise the market for this underground industry.
Frankly, I am at a loss to find acts which are
more despicable, heinous, and deserving of such
serious penalties than the sexual exploitation of
our young people. [This Act] is crucial to stem-
ming the flow of vicious crimes against children
and the exploitation of them. Penalties for the
possession, viewing, and dissemination of this ma-
terial will be a deterrent to those who would use
children to produce this illicit material. Those who
steal the innocence away from our children must
face harsh punishment.” Sen. Thurmond 136
Cong. Rec. S4728-02.

This Court can also make a strong statement to prevent
such harms by upholding such undercover stings against
child pornographers. The conclusion reached by the Los
Angeles Police Department in its 1991 comprehensive sex
offender study should be the watchwords for the decision:
“pornography is a dangerous weapon in the hands of the

pedophile and is used extensively in extrafamilial sexual
victimization of children.*

III. JACOBSON’S NUMEROUS POSITIVE RESPONSES IN-
DICATE HIS INTEREST IN CHILD PORNOGRAPHY
AND DEMONSTRATE THAT AS A MATTER OF LAW,
NO ENTRAPMENT OCCURRED

A. Courts Have Recognized The Difficult Detection
Of Child Pornographers Requires Sting Operations
To Pierce The Underground, Clandestine Pedo-
phile Network.

As previously discussed, research and law enforcement
experience have clearly illustrated that the insidious nature
of child pornography makes it difficult to detect. In ad-
dition, this Court has also emphasized the problem of ap-
prehending child pornographers, where the very nature of
the activity is clandestine. For example, the Court in Os-
borne noted this problem when Mr. Justice White, writing

“ Pornography and Sexual Abuse at 20.

21

for the Court said, ... since the time of our decision in
Ferber, much of the child pornography market has been
driven underground; as a result, it is now difficult, if not
impossible, to solve the child pornography problem by only
attacking production and distribution.” 495 U.S. at __,
110 S.Ct. at 1697. Earlier, the Court also observed that
“. the transmission of child pornography through the
mails occurs within a shroud of secrecy .. .”’ United States
v. Johnson, 855 F.2d 299, 305 (6th Cir. 1988), and the
possibility of apprehending the violators through normal
procedures is almost non-existent.

The problem of devection and the underground nature
of child pornography also have been consistently empha-
sized by lower appellate courts’ rulings on reverse stings
involving child pornography. The Tenth Circuit Court of
Appeals concluded: “‘... it was reasonable for the postal
inspectors to assume that the only way they could ferret
out suspected pedophiles ‘was to encourage ... what was
otherwise being done or what they thought was being
done.’”’ United States v. Esch, 832 F.2d 531, 539 (10th
Cir. 1987). Likewise, the Eighth Circuit Court of Appeals
stated that “the nature of the production, distribution, and
sale of child pornography itself justifies this type of un-
dercover operation to be utilized against those who order
it.”” United States v. Musslyn, 865 F.2d 945, 947 (8th Cir.
1989).

The reverse stings by the postal and customs authorities,
of which Jacobson was a part, clearly were motivated by
these deep concerns about the burgeoning underground
network of pedophiles and child molesters who use child
pornography. However, numerous precautions were taken
to focus only upon those individuals who were involved in
child pornography. The Postai Inspectors established strict
guidelines to target only individuals who had some pre-
disposition to receive or traffic in child pornography. In
the petitioner’s case, the inclusion of his name on Electric
Moon’s mailing list, the ordering of the magazines Bare
Boys I & II and the request for the sexually explicit catalog
illustrate his strong predisposition to obtain child pornog-

22

raphy. After gleaning petitioner’s name from the above
the postal inspectors instituted an investigative procedure
to determine whether Mr. Jacobson was in fact involved
in buying child pornography. According to the record, “Ja-
cobson responded with interest on eight occasions, “show-
ing a strong predisposition to engage in the illegal conduct
of purchasing child pornography.” United States v. Jacob-
son, 916 F.2d 467, 468 (8th Cir. 1990) (emphasis added).

Despite this overwhelming evidence, Jacobson claims
that he was entrapped as a matter of law—the only issue
accepted for argument by the Court. In the instant case
the jury soundly rejected Jacobson’s entrapment defense.
Any judicia! review of entrapment, as a matter of law
should focus on two issues: (1) whether the jury’s rejection
of the entrapment defense may be overturned: and (2)
whether the defendant was entrapped as a matter of law.

B. Overturning The Jury’s Rejection Of The Entrap-
ment Defense Is Unwarranted In This Case.

It is well established that a jury finding on the issue of
entrapment will not be disturbed unless no rational trier
of fact could have found predisposition to exist beyond a
reasonable doubt. United States v. Hunt, 749 F.2d 1078
(4th Cir. 1989), United States v. Jannotti, 673 F.2d 578
(3rd Cir.), cert. denied, 457 U.S. 1106 (1982).

To overturn the jury verdict, the Court must find that
uncontradicted evidence viewed in the light most favorable
to the government shows clearly that the government was
the manufacturer rather than simply a detector of crime.”
Jacobson, 916 F.2d at 470 (emphasis added). In sum, a
court “may overturn the jury’s rejection of the entrapment
defense only if no reasonable jury could have found that
the government proved predisposition beyond a reasonable
doubt based on the evidence at trial.” United States v
Jenrette, 744 F.2d 817, 822 (D.C. Cir. 1984), cert. denied.
471 U.S. 1099 (1985) (emphasis added). .

The only legitimate occasion for disturbing the jury’s
decision to reject the defense of entrapment occurs when
the appellate court holds that as a matter of law, predis-

23

position was not proven beyond a reasonable doubt. See
Hunt, 749 F.2d at 1078; Jenrette, 744 F.2d at 822; and
Jannotti, 673 F.2d at 578. In Hunt, the Court said ‘‘pre-
disposition is necessarily a nebulous concept, and has gen-
erally been held to be a question for the jury, unless the
evidence is insufficient as a matter of law.” 749 F.2d at
1085. To overturn the jury verdict, a very high burden
must be overcome and ‘we must assume that the trier of
fact drew all permissible inference[{s] ....’’ United States
v. Thoma, 726 F.2d 1191, 1197 (7th Cir.), cert. denied, 467
U.S. 1228 (1984).

C. No Improper Inducement Nor Lack Of Predispo-
sition Exists In The Instant Case To Find En-
trapment As A Matter of Law.

The only proper manner to judge the merits of the jury's
verdict is to compare their decisions with findings in other
cases. While there are a significant number of reported
cases concerning predisposition, it must be noted that be-
fore the threshold of entrapment as a matter of law may
be broached, the Court must find that there is no dispute
as to the credibility of witnesses or the interpretation of
the evidence. United States v. Gambino. 788 F.2d 938, 944
(3rd Cir. 1986). In the instant case, there is a hot dispute
as to the interpretation of the evidence and it is argued
that the petitioner’s own testimony lacks credibility.

Assuming arguendo that a review of the jury’s decision
is even justified, parameters for such review have been
clearly established. Any examination must be two-fold be-
cause “... the Court has consistently adhered to the view
... that a valid entrapment defense has two related ele-
ments: (1) government inducement of the crime, and (2)
a lack of predisposition ....”” Matthews v. United States,
485 U.S. 58, 60-61 (1988).

(i) Mail Correspondence Is Clearly Unobtrusive
And Proper Inducement To Detect Such Crimes.

The first prong of the review is an examination of the
inducement offered by the government. In Jacobson, the
government on four different occasions corresponded with

24

the petitioner through the mail and on each occasion he
responded affirmatively in some fashion. There never was
a face-to-face meeting between agents of the United States
and the petitioner. A review of the leading cases in this
area indicate that inducement (or contact) that was far
more invasive than in the present case was routinely up-
held as not being improper government inducement. For
example, in United States v. Russell, 411 U.S. 423 (1973),
government agents had numerous meetings with the
defendant and supplied a necessary ingredient in the pro-
duction of the illegal substance and yet the Court ruled
that this face-to-face inducement did not violate the first
prong of the entrapment test. In Hunt, the undercover
operatives went face-to-face with a judge and even played
their parts as organized crime types to the hilt by threat-
ening bodily harm and still the Court said that was not
undue pressure. 749F.2d 1078. See also United States v.
Williams, 705 F.2d 603 (2d Cir. 1983).

In United States v. Spivey, 508 F.2d 146 (10th Cir. 1975),
the government agent took a recently released convicted
felon into his home, gave him money, charged him no rent
and supplied Spivey with marijuana on a regular basis in
a scheme to catch Spivey in the sale of heroin. The court
felt that even this almost unbelievable activity by a gov-
ernment agent was not such an undue inducement so as
to defeat the jury verdict.

Three cases which found improper government induce-
ment highlight why entrapment as a matter of law did
not occur in the case at bar. Sherman v. United States,
356 U.S. 369 (1958), (face to face contacts and free gifts
of narcotics to a known drug addict who is trying to break
the habit); Sorrells v. United States, 287 U.S. 435 (1932),
(face to face contact with an old “war buddy” who inces-
santly badgers Sorrells to produce illegal “whiskey,”’ when
he had never made whiskey before); and United States v.
Lard, 734 F.2d 1290 (8th Cir. 1984), (defendant, who is
prepared to engage in a legal transaction (the sale of a
shotgun and detonator), is badgered by the undercover
operative who insists that only a “pipe bomb” will suffice).

25

In Jacobson, all contacts were made by mail to which
petitioner eagerly responded affirmatively though he was
never told what to do and certainly never pushed to pur-
chase any certain item. He was simply afforded the op-
portunity to order child pornography and only an
affirmative action by him started the criminal activity. It
is “... well settled that the fact that officers or employees
of the government merely afford opportunities or facilities
for the commission of the offense does not defeat the
prosecution.”” Sorrells, 287 U.S. at 441. From a review of
these cases, it is apparent that unless the inducement to
commit the crime is much more compelling than simple
mailings, the first prong of the entrapment review will
not be met.

(ii) Eight Affirmative Responses From Jacobson
Provide Ample Predisposition To Commit The
Crime Of Receiving (hiia Pornography.

The second prong is closely related in that, ‘‘predispo-
sition may be proved by showing that the defendant ‘re-
sponded affirmatively to less than compelling inducements
.... ” Jenrette, 744 F.2d at 822-823 citing United States
v. Burkley, 591 F.2d 903, 916 (1978); see also Gambino,
788 F.2d at 945 citing United States v. Viviano, 437 F.2d
295, 299 (2d Cir.), cert. denied, 402 U.S. 783 (1971).

An understanding of predisposition is not complete un-
less one is cognizant that certain violations of the law are
significantly more difficult to detect than other types of
violations. The court recognized this factor in Russell, 411
U.S. 423 (1973) (illicit sale of narcotics); Williams, 705
F.2d 603 (1983), (bribes taken by government officials);
and Esch, 832 F.2d 531 (1987), (distribution of child por-
nography).

As previously discussed, the pedophile, child pornogra-
pher or child molester does not sexually abuse children,
produce or trade or collect pornography, or practice his
seduction techniques in the light of day. The law enforce-
ment officers must be permitted to use “stealth and strat-
egy” to apprehend such violators. Sherman, 356 U.S. at

26

372. See also Grimm v. United States, 156 U.S. 604 at
609-610 (1895). “The appropriate object of this permitted
undercover] activity, frequently essential to the enforce-
ment of the law, is to reveal the criminal design; to expose
the illicit traffic, the prohibited publication, the fraudulent
= i wryly ~~ age or other offenses,
us sclose would- -
Sovis SUL cua

This perspective was advanced by the various courts
that heard the Abscam™ cases. United States v. Kelly, 707
F.2d 1460 (D.C. Cir. 1983), cert. denied, 464 U.S. 908
(1983). In those cases, the courts were confronted with
men in positions of trust and honor and agreed that there
was not a way to detect such criminal behavior save put-
ting out inducements and seeing who would rise to the
bait. Kelly, 707 F.2d at 1473-74.

In Jannotti, the Court felt so strongly about the diffi-
culty of detecting certain crimes that even absent prior
indicia of predisposition, the “... very acceptance of a
bribe by a public official may be evidence of predisposition
.... 673 F.2d at 604. The parallel to petitioner’s case
would be that those who order sexually oriented material
of children by mail expose their predisposition. Contrary
to Jannotti, the petitioner in this case was sent a mailing,
albeit more than one, and on every occasion responded
affirmatively in some fashion. Using the Jannotti reason-
ing, the final action of ordering and paying for child por-
nography in Jacobson is, in and of itself, adequate proof
of predisposition, regardless of the other seven positive
responses.

A final insight from the Abscam case may be extracted
from United States v. Myers, 635 F.2d 932, 939 (2d Cir.
1980), cert. denied, 449 U.S. 956 (1980), where the Court

* Abscam was an FBI undercover sti ration that i i
name from the first two letters of Abdul Eutororiace and “scam” (roam
ing a plan or hoax). Abdul Enterprises was a fictitious organization
created by the FBI to ferret out law makers predisposed to abusing
their power for financial gain.

27

discusses the clandestine nature of the crime and the pit-
falls of the investigation. “Any member of Congress ap-
proached by agents conducting a bribery sting can simply
say ‘No.’ Each member's capacity to reject bribe oppor-
tunities could be regarded as sufficient safeguard against
risk ....” 635 F.2d at 939. Was not the same true of
Jacobson? Just as the members of Congress (who do not
advertise their skulduggery) are susceptible to their pre-
disposition by rising to the bait, so is the child pornog-
rapher susceptible to his own proclivities and, by that
predisposition, subject to legitimate apprehension.

In the present case, Jacobson received two sexually ex-
plicit brochures from Customs and Postal and, in both
cases, ordered obviously graphic depictions of child por-
nography. Faced with this damning evidence, the
petitioner’s only defense is that his delay in ordering the
blatantly explicit magazines negates his predisposition.
However, the truth is that petitioner had already exhibited
his predisposition when he ordered Bare Boys I & II from
Electric Moon. “Furthermore, the mailings of CSF were
spread out over a period of time and, unlike personal con-
tact, could easily be ignored by one not interested in their
contact.”” Thoma, 726 F.2d at 1197. If Jacobson had wanted
no part of the procedure, he could have done just as the
courts in Thoma and Myers suggested: just say no. ‘‘No-
body forced [the defendant] to join CSF or to order illegal
materials. The government did nothing more than give [the
defendant] an opportunity to exercise his predisposition to
collect child pornography.” Musslyn, 865 F.2d at 947
(‘Project Looking Glass’’). Petitioner’s complaint of a lack
of predisposition rings hollow in light of these cases, which
demonstrate that the true evidence would have been ig-
noring the mailings.

Other cases involving reverse stings of child pornogra-
phy uphold this proposition about predisposition. In United
States v. Mitchell, 915 F.2d 521 (9th Cir. 1990), the Ninth
Circuit Court of Appeals found sufficient predisposition
based on a previous purchase of a child pornography mag-
azine by the defendant. In that case, the magazine was

28

—

ordered from a known distributor of pornography, Cath-
erine Wilson, and was entitled, Skoleborn School Children.
Likewise, in the present case, petitioner ordered from a
known distributor of pornography (Electric Moon) Bare
Boys I & II, titles which at a minimum indicate child
erotica. The other factor which influenced the Mitchell
court was the lack of coercive behavior by the government.
As in other “inducement”’ cases, the court felt simple mail-
ings were not significant nor coercive inducements, an
observation with which the jurors in the instant case must

have agreed.

In United Stetes v. Goodwin, 854 F.2d 33 (4th Cir. 1988),
the defendant came to the attention of postal inspectors
through an advertisement he had placed in a magazine."
Petitioner argues that his behavior does not rise to the
level of sufficient predisposition. However, was Goodwin's
predisposition more evident from the advertisement than
was Jacobson’s by the ordering of the magazines, Bare
Boys I & II? Unless one understands the language of the
pedophile or child pornographer, phrases such as “‘Lolli-
tots,” ““Moppets,”’ “Lolita,” or “Piccolo” probably would
mean less and certainly no more than does the title Bare
Boys. Ironically, Goodwin consummated his dealings with
the postal inspector by ordering the exact same magazine,
Boys Who Love Boys, that petitioner had ordered. The
Fourth Circuit used the “masked” advertisement, coupled
with the defendant’s response to the mailing (in which he
said he was interested in teenage and pre-teenage sexual
activity and ordered Bare Boys) to find “substantial pre-
vious evidence of predisposition.” Goodwin, 854 F.2d at
35.

In United States v. Driscoll, 852 F.2d 84 (3rd Cir. 1988),
the defense argued ‘outrageous government conduct’’
which this Court has said is the last resort for the defense
if an entrapment argument fails because of predisposition.

*' Wanted: Lollitots, moppets and chicken magazines and photographs.
If you have single copies you want to sell, send you telephone number
to MP Code 3941. See United States v. Goodwin, 854 F.2d at 34.

—

29

Russell, 411 U.S. at 431-432 citing Rochin v. California,
342 U.S. 165 (1952). Since the parallels between Driscoll’s
and Jacobson’s predisposition are remarkable, it is note-
worthy that both the court and the defense in Driscoll
readily accepted the predisposition of the defendant. First,
Driscoll had previously ordered ‘‘child erotica,” just as
petitioner had done. Second, both names were found on
mailing lists of known pornographers. Finally, the postal
authority sent inquiries to both individuals that eventually
led to the order, payment and delivery of the child por-
nography.

‘., [Tjhe most important element of the [predisposi-
tion] equation is whether the defendant was reluctant to
commit the offense.”” Thoma, 726 F.2d at 1197. In Thoma,
the defendant was sent two initial mailings by the postal
authority to which he did not respond. This differs greatly
from petitioner's behavior in that he affirmatively re-
sponded to both initial mailings by requesting information
and indicating an interest in teenage sexuality. The
defendant in Thoma does not order any child pornography
until there have been at least eight contacts and at least
two refusals to respond. Petitioner, on the other hand,
responded on all four contacts and ordered the child por-
nography simply in response to a mailing. The court in
Thoma ruled that predisposition existed even though much
reluctance was demonstrated. If Thoma is used as a meas-
uring stick, petitioner’s behavior exhibits no reluctance and
predisposition abounds.

In summary, entrapment can only be established as a
matter of law when the presence of outrageous, intrusive
and overbearing government inducements and the absence
of petitioner’s predisposition to commit a crime is apparent
from the uncontradicted evidence. Jacobson, 916 F.2d at
470, citing Thoma 726 F.2d at 1197. See also Russell, 411
U.S. at 431-432; Sorrells, 287 U.S. at 442; Sherman, 356
U.S. at 369. The prior ordering of two magazines featuring
teenage nudity and sexually explicit activity, and orders
for brochures indicating other places to obtain child por-
nography and child erotica from known pornographers pro-

30

vide ample evidence of predisposition. Similarly, his
consistent affirmative responses to undercover mailings in-
dicating his interest in child pornography underscore his
predisposition in this case. Clearly, offering someone
through the mail an opportunity to purchase obviously il-
legal material, Boys Who Love Boys®™ is not improper in-
ducement. When the opportunity was finally presented to
obtain child pornography, Jacobson eagerly rose to the
bait, not once but twice, to order from undercover postal
and customs authorities.

Finally, Jacobson’s conviction by a jury of his peers
should not be disturbed. The jurors heard all the testimony
and are in the best position to weigh the evidence, resolve
conflicts if any exist, and ascertain the truth concerning
whether a crime exists. Any second guessing by the Court
usurps the jury’s province and substantially erodes law
enforcement’s ability to stop ‘‘these harms [from child por-
nography] which collectively are consequential damages
that flow from the trespass against the dignity of the
child.’’ United States v. Weigand, 812 F.2d 1239, 1245 (9th
Cir. 1987).

CONCLUSION

The Eighth Circuit Court of Appeals’ decision in the
present case should be upheld because there is no entrap-
ment as a matter of law and such undercover “reverse
stings’ are essential to discover and eliminate child por-
nography and the sexual exploitation of children.

* Described as “eleven year old and fourteen year old boys get it on
in every way possible. Oral, anal sex and heavy masturbation. If you
love boys, you will be delighted with this.”’

Respectfully submitted,

JupiItH DRAZEN SCHRETTER H. ROBERT SHOWERS
National Center for Missing (Counsel of Record)
and Exploited Children

2101 Wilson Boulevard GENE L. MALPAS -
Suite 550 National Law Center for
Arlington, Virginia 22201 ‘Protection of Children and
(703) 235-3500 Families

1800 Diagonal Road

Suite 500

Alexandria, Virginia 22313
(703) 684-2011

APPENDIX

la

APPENDIX

DESCRIPTION OF AMICI
The National Center for Missing and Exploited Children

The National Center of Missing and Exploited Children
(the ‘‘Center’’) is a non-profit, tax-exempt corporation
chartered in the District of Columbia in 1984, with goals
of decreasing the incidence of crimes against children, ef-
fecting positive changes in public law and policy, encour-
aging an awareness of the significance of all crimes against
children, and assisting families and those who seek to pro-
tect children. The Center works in cooperation with the
Office of Juvenile Justice and Delinquency Prevention of
the U.S. Department of Justice in coordinating the efforts
of law enforcement, social service agencies, elected offi-
cials, judges, prosecutors, educators, and the public and
private sectors on child protection issues.

The Center has been funded by the Office of Juvenile
Justice and Delinquency Prevention since 1984 to imple-
ment tasks under the Missing Children’s Assistance Act
(42 U.S.C. §§5771-5777), including operation of the na-
tional toll-free hotline for reports of missing children; op-
eration of the national resource center and clearinghouse
for prevention, investigation, prosecution, and treatment
of the missing and exploited child case; and assistance to
OJJDP in performing its task of coordinating federally
funded programs related to missing children. The Center
actively assists federal and state law enforcement agencies’
efforts to reduce the incidence of sexual exploitation, in-
cluding passing reports of child pornography received on
the hotline to agents of the U.S. Customs Service and
local police departments for investigation. The Center pro-
vides information on specific federal and state statutes and
legislation affecting children, including child pornography
laws, state missing children clearinghouses, non-profit or-
ganizations, and interested child advocates, and training
to proiessionals. .

2a

National Law Center for Protection of Children and
Families

National Law Center for Protection of Children and
Families (‘‘National Law Center’) is a Washington D.C.
metro based organization dedicated to the protection of
children and the preservation of families though the en-
forcement of existing laws and the promulgation of new
legislation against illegal pornography and sexual exploi-
tation.

Through the legal staff, resource library, and publica-
tions, the National Law Center actively participates in as-
sisting courts, prosecutors, investigators, legislators, public
officials, researchers, and parents to stop illegal pornog-
raphy and its concomitant harms of sexual exploitation of
children, women, and families.

Consultation with many county, city and civic leaders
around the nation allows the National Law Center to assist
in the drafting and enactment of new legislation. This
legislation concerns obscenity, child pornography, materials
harmful to minors and the appropriate time, place and
manner regulation of sexually oriented businesses. The Na-
tional Law Center is also involved in the dissemination of
vital information to legislators, law enforcement, public
officials and concerned citizens alike.

Seminars, newsletters and updated prosecutors’ manuals
are part of the National Law Center’s strategy. This strat-
egy is dedicated to equipping law enforcement with the
necessary information, pleadings, and legal techniques nec-
essary to win the war for our children and families.

The National Law Center has participated in numerous
Amici Curiae briefs in cases that have a direct impact on
children and family issues, including the recent Supreme
Court cases of Osborne v. Ohio and Maryland v. Craig.
Presently, the National Law Center is involved in pub-
lishing training materials and reference manuals on child
sexual exploitation and pornography. Its legal staff has
conducted legal and law enforcement training for thou-
sands of investigators and prosecutors since 1984.

3a

The National Coalition Against Pornography

The National Coalition Against Pornography (‘‘N-CAP’’)
was founded in 1983 by Dr. Jerry R. Kirk to respond to
the devastating impact of illegal obscenity and child por-
nography on America. N-CAP holds that these materials
have a direct relationship to the skyrocketing incidence of
rape, sexual violence and child molestation in the United
States. Numerous respected studies confirm this opinion.

With members representing over 50 religious groups,
denominations, citizen action groups and foundations, N-
CAP works to increase public awareness of the harm
caused by obscenity and child pornography and to imple-
ment a number of programs designed to eliminate them
from our society.

These programs include educational/training : seminars
designed to teach citizens and law enforcement officials
how to rid their communities of illegal obscenity and child
pornography. Other programs include: victim service de-
velopment training; the S.T.O.P.! Campaign (Stand To-
gether Opposing Pornography, an intensive media-based
campaign developed by N-CAP to help local communities
push for the elimination of illegal obscenity/child pornog-
raphy though law enforcement); legal and law enforcement
training on obscenity and child pornography investigations
and prosecutions; extensive resource development and dis-
tribution, including a wide range of research reports doc-
umenting the harm of obscenity and child pornography;
expert testimony for federal and state legislatures that are
considering stronger obscenity and child protection laws.
N-CAP founder, Dr. Jerry Kirk, provided testimony before
both the U.S. House of Representatives and the U.S. Sen-
ate in support of the Child Protection and Obscenity En-
forcement Act of 1988.

Each of N-CAP’s programs is active on a national basis,
with specific involvement in dozens of local cities at any
given time. N-CAP has also been instrumental in the de-
velopment of a number of other related groups. N-Cap
was the catalyst in the founding of the Religious Alliance

4a

Against Pornography (RAAP) in 1986. RAAP consists of
the highest level leadership of nearly fifty denominations,
faith groups and inter-faith organizations, all united around
the single common objective of eliminating hardcore and
child pornography. Members include leaders in the Roman
Catholic, Jewish, Protestant, Greek Orthodox and Mormon
communities which represent over one million individuals
throughout the United States. Dr. Kirk, president of N-
CAP, also serves as the Chairman of RAAP.

The fundamental mission and purpose of N-CAP is in
protecting children and families through the elimination of
child pornography and obscenity. N-CAP was formed as
a result of a group of local citizens and ministers in Cin-
cinnati, Ohio who had seen and counseled firsthand
hundreds of families devastated by illegal pornography. N-
CAP has provided substantial efforts nationwide in support
of the enforcement of the statute before the Court.

National Family Foundation

National Family Foundation (the ‘‘Foundation’’)is a non-
profit organization which was organized to collect, syn-
thesize, and integrate medical, clinical, and social science
evidence and theory from the United States and Europe.
Its purpose is to bring greater understanding to the prob-
lems of the American family and to develop guidelines for
healthy parenting and successful child rearing.

The Foundation analyzes research findings in the light
of their larger implications to society. It encourages those
who have been successful in clinical practice to apply what
they have learned in their counseling rooms to larger so-
cietal problems. It explores the links between family, char-
acter, culture, and media.

Athletes For Kids

Athletes For Kids (““AFK’’) is a non-profit organization
started in 1986 in the Commonwealth of Virginia by Brad
Curl to address the illicit sex and pornography problem
among teenagers with positive, demand reduction solu-

5a

tions. AFK represents over 200 top professional athletes
and dozens of leading corporate executives who are con-
cerned about the destructive impact of a ten billion dollar
per year pornography industry which exploits women, chil-
dren and men. AFK has produced a video to use in school
assemblies featuring the athletes and introduced it in a
nine city campaign in the spring of 1989. AFK will be
showing the video in hundreds of schools in the coming
year and holding leadership meetings in cities coast to
coast. AFK’s main purposes are to educate young people,
train athletes to speak on the destructive effects of por-
nography and pre-marital sex and to rally city leaders to
make a stand against pornography in their communities.

. AFK is very concerned that the government does its
job in prosecuting obscenity, child pornography and child
exploitation and enforcing regulations against indecent
broadcasts and telephone services.

AFK believes that the criminal laws against the pos-
session of child pornography and aggressive enforcement
such as reverse stings will significantly curtail child mo-
lestation and related harms which are inflicted upon Amer-
ica’s besieged children.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385013_0072%3A11. Public record. Not legal advice.