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Legal Implications

The legal implications surrounding pornography can be complex. For example, the question may arise as to whether pornography and prostitution are connected. According to the U.S. Supreme Court, pornographic actors are protected by the First Amendment as long as obscenity is not involved.

Even though the pornographic actors may themselves be involved in actual sex, the consumer of pornography is not and therefore is also legally protected. The whole legal picture changes when children are involved. Child pornography is illegal in every state. In 2001, laws were established prohibiting child pornography on the Internet.

Alert

As of 2003, it was estimated that 20,000 images of child pornography were posted on the Internet every week. Although child pornography is illegal in every state, some states go even further to try to protect children. South Carolina, for instance, requires computer technicians to report any child pornography they encounter in their work to law enforcement officials.

In July of 2006, the Organization for Security and Cooperation in Europe (OSCE) adopted a United States–sponsored resolution condemning the sexual exploitation of children. This resolution, “Combating Trafficking and the Exploitation of Children in Pornography,” requires the participating members to ensure criminal prosecution for the production or dissemination of child pornography.

In 2003, the U.S. Immigration and Customs Enforcement developed an initiative in cooperation with other OSCE member states to investigate and prosecute pedophiles, Internet predators, human traffickers, international sex tourists, and other predatory criminals. With the advent of the world wide web, it has become evident that problems with pornography addiction and the associated criminal element is an international issue.

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