Report to the Congress: Federal Child Pornography Offenses

December 2012

This comprehensive report examines federal sentencing policy in child pornography cases. It focuses primarily on non-production offenses under USSG §2G2.2. One chapter also analyzes production of child pornography offenses under USSG §2G2.1. This report is the result of a multi-year study by the Commission and complements and expands upon the Commission's 2009 report, The History of the Child Pornography Guidelines.

FULL REPORT

TITLE PAGE

TABLE OF CONTENTS

LIST OF TABLES AND FIGURES

EXECUTIVE SUMMARY

CHAPTER 1 — The Purposes and Methodology of this Report

CHAPTER 2 — Statutory and Guideline Provisions in Child Pornography Cases

CHAPTER 3 — Technology and Investigation by Law Enforcement in Child Pornography Cases

CHAPTER 4 — Child Pornography Offender Behavior

CHAPTER 5 — Victims of Child Pornography

CHAPTER 6 — Analysis of Sentencing Data in Cases in Which Offenders Were Sentenced Under the Non-Production Sentencing Guidelines

CHAPTER 7 — Prior Criminal Sexually Dangerous Behavior by Offenders Sentenced under the Non-Production Child Pornography Guidelines

CHAPTER 8 — Examination of Sentencing Disparities in §2G2.2 Cases

CHAPTER 9 — Child Pornography Production Cases

CHAPTER 10 — Post-Conviction Issues in Child Pornography Cases

CHAPTER 11 — Recidivism by Child Pornography Offenders

CHAPTER 12 — Findings, Conclusions, and Recommendations to Congress

APPENDICES

  1. Glossary of Relevant Terminology
  2. Current Versions of the Primary Child Pornography Sentencing Guidelines, USSG §§ 2G2.1 and 2G2.2, and the Sentencing Table (USSG Chpt. 5, Pt. A)
  3. Summaries of the Testimony of the Witnesses, United States Sentencing Commission — Sentencing Reform Act 25th Anniversary Regional Public Hearings
  4. Summaries of the Testimony of the Witnesses, United States Sentencing Commission — Public Hearing on Federal Child Pornography Crimes
  5. Source of Current §2G2.2 Base Offense Levels and Specific Offense Characteristics
  6. State Child Pornography Statutes
  7. Report to the Congress: Federal Child Pornography Offenses — Selected Bibliography