online sexual solicitation of minors: an analysis of the average

Transcription

ONLINE SEXUAL SOLICITATION OF MINORS:
AN ANALYSIS OF THE AVERAGE
PREDATOR, HIS VICTIMS, WHAT IS
BEING DONE AND CAN BE DONE TO
DECREASE OCCURRENCES OF VICTIMIZATION
Elana T Jacobs*
INTRODUCTION
1.
BACKGROUND ........................................
A.
B.
II.
B.
...............
Specialized Government Programs.
i. Investigative Assistance ....................
ii. Training Assistance ...............
........
iii. Awareness/Preventative Initiatives .............
Independent Efforts to Prevent Online Enticement and
Exploitation of Children..............
.........
i. Investigative Assistance ....................
ii. Training Assistance ..................
.....
iii. Awareness/Preventative Initiatives ............
......
iv. Self-Policing ......................
LEGISLATION .........................................
A.
B.
IV.
Identifying Characteristicsof Online Predatorsand
...............................
Their Victims
Negative Implications of Currentand Future
TechnologicalAdvances........................
SOCIETAL RECOURSE: PREVENTION PROGRAMS ........
A.
III.
..............................................
Levels of Punishment and the Distinction Between
Online Communications and Real-World Contact ....
...........................
Statutory Discretion
i. Monetary Fines as Punishment..............
RECOMMENDATIONS .
.................................
CONCLUSION .................................................
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508
508
511
513
514
515
516
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* Candidate for J.D., 2012, Benjamin N. Cardozo School of Law. I want to thank the
CPLPEJ editorial board for all of the help provided throughout the publishing process. Additionally, I want to extend my utmost thanks to, and appreciation for, my family: the dedication,
passion, and motivation that I am most commonly known for is a direct result of great parenting
and a fabulous support system. Mom, Dad, Cara and Melanie, I dedicate this Note to you.
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INTRODUCTION
The Internet is a revolutionary tool in the world of academia, social networking, and global progress. Its expansive nature has the ability
to connect all users, virtually eliminating geographical distances and enabling individuals to connect in real-time. As of March 31, 2011, it was
determined that slightly more 245,000,000 United States citizens, accounting for 78.3% of the nation's population, engage in Internet usage.' The United States is responsible for 90.1% of Internet users in
North America, and this percentage is constantly growing. 2 According
to the National Juvenile Online Victimization (N-JOV) Study,3 Internet
use by United States youth, which includes individuals ranging in age
from twelve to seventeen-years-old, increased from 73% in 2000 to 93%
in 2006. Furthermore, overall individual Internet use has increased
151.6% since 2000.' The Internet has undergone vast expansion and
has become a large part of modern-day society.7
While the advantages of the Internet are vast, there remain disadvantages as well. The Internet's interconnectivity serves as a virtual playground for unseemly behavior.' Online solicitation of sexual relations
1 Internet Usage and PopulationStatistics in North America, INTERNET WORLD STATS, http:/
/www.internetworldstats.com/statsl4.htm (last updated Mar. 22, 2012).
2 Id
3 DAVID FINKELHOR, KIMBERLY MITCHELL & JANIS Woue, NATIONAL JUVENILE ONLINE VIcTIMIzATION (N-JOV) STUDY: TRENDS IN ARRESTS OF "ONLINE PREDATORS" (2009)
[hereinafter N-JOV STUDY]. The study "collected information from a national sample of law
enforcement agencies about the prevalence of arrests for and characteristics of online sex crimes
against minors." Id. at 1. The research was conducted in two waves: July 1, 2000 through June
30, 2001 and January 1, 2006 to December 31, 2006. Id. Both waves involved a "two-phase
process of mail surveys followed by telephone interviews." Id. The final data set consisted of
"1,633 completed case-level interviews." Id.
4 Id.
Internet Usage and Population Statistics in North America, supra note 1.
Paola Di Blasio, Luca Milani & Dania Osualdella, Quality of InterpersonalRelationships
and Problematic Internet Use in Adolescence, 12 CYBER PSYCHOL. & BEHAV. 681 (2009) ("The
Internet in the last 15 years has grown exponentially.").
7 ROBERT D'OVIDIO & ROBERT J. O'LEARY, ONLINE SEXUAL EXPLOITATION OF CHILDREN, available at www.nga.org/files/live/sites/NGAlfiles/pdfl0703ONLINECHILD.PDF
("[C]hildren ... increasingly rely on the Internet for education, entertainment, and socialization."); see Krista L. Blaisdell, Protectingthe Playgroundsof the 21st Century: Analyzing Computer
and Internet Restrictionsfr Internet Sex Offenders, 43 VAL. U. L. REv. 1155 (2009).
8 Arthur Bowker & Michael Gray, The Cybersex Offender and Children, FBI L. ENFORCEMENT BULL. (FBI, Washington, D.C.), Mar. 2005, at 12, available at http://www.fbi.gov/statsservices/publications/law-enforcement-bulletin/2005-pdfs/mar051eb.pdf ("Because of the capabilities that computers offer criminals lurking in the Internet's shadows, these individuals are
particularly threatening to the community."); D'OVIDIO & O'LEARY, supra note 7, at 4 ("The
5
6
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ONLINE SEXUAL SOLICITATION OF MINORS
507
has become a common activity. Some solicitation is done innocently,
through dating websites and group chat rooms. However, other forms
are more ominous, such as the solicitation of sex from a specific,
targeted group: minors. In fact:
Online sexual solicitation is a form of sexual harassment that occurs in
cyberspace (in other words, in all electronic forms of communication
such as the Internet and text messaging). Incidents of online sexual
solicitation include exposure to pornography; being asked to discuss
sex online and/or do something sexual; or requests to disclose personal
information. This can start when an adult or peer initiates an online
nonsexual relationship with a child or adolescent, builds trust, and
seduces him into sexual acts. 9
Given the expansive nature of the Internet and the drastically negative
impact it may have on victimized youth, online sexual solicitation has
become a common problem. More specifically, "the law enforcement
community increasingly faces situations involving explicit chat discussions and other disturbing online activities that victimize minors."1 o
However, since the Internet has so many wonderful and educational
features," it is against society's best interest to ban young users from
engaging in Internet use altogether. Moreover, it is unrealistic that such
a ban would be enforceable. Therefore, allowing youth to use the Internet means that it must be patrolled in a different way.
Children and teenagers are impressionable, and turning a blind eye
to the increased existence of online sexual solicitation would be harmful.
Currently, privately and publicly funded programs are in place, all with
global reach of the Internet facilitates new social relationships by easily connecting people who
are geographically distant.").
9 Kate Fogarty, Teen Safety in Cyberspace, U. FLA. IFAS EXTENSION, http://edis.ifas.ufl.edul
pdffiles/FY/FY84800.pdf (last visited Apr. 27, 2012).
50
Bowker & Gray, supra note 8; Online Child Pornography/ChildSexual ExploitationInvesti-
gations, FBI, http://www.fbi.gov/stats-services/publications/innocent-images-1 (last visited Apr.
27, 2012) [hereinafter FBI INNOCENT IMAGES NATIONAL INITIATIVE] ("Between the fiscal years
1996 and 2007, there was a 2062 percent increase in the number of [Innocent Images National
Initiative] cases opened ... through the FBI."); U.S. DEP'T OF JUSTICE, THE NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION:
A
REPORT TO CONGRESs
30
(2010) [hereinafter REPORT TO CONGRESS).
11 See History, The History of Computers, and the Historyof Computers in Education, CAUFORST. U.,
2012).
NIA
LONG BEACH,
http://www.csulb.edul-murdock/histofcs.html
(last visited Jan. 7,
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the same goal of promoting safe Internet practices.1 Additionally, individual states have created statutes punishing sexual offenders who use
the Internet as a means of targeting their prey. 13 While helpful, there is
still more than can be done; additional protections must be put in place.
Namely, broadening the standards of what constitutes online solicitation
and toughening the punishments for those who break the law.
Part I of this Note details the negative elements of the Internet,
through an introduction of characteristics of the average Internet
predator and his common victim. Part II explores the Internet's unique
characteristics and the modern advances in mobile technology that enable such individuals to interact, as well as the subsequent stages of interaction that typically occur leading up to a physical rendezvous. Part
III specifies the many ways society attempts to counteract online enticement. Three main methods are explored: (1) creation and implementation of specialized government agencies; (2) independent efforts to
educate youth, parents, and law enforcement; and (3) current legislation
aimed at enhancing punishment of offenders. The Note then explores
mechanisms for punishment, analyzing the disconnect between the vast
forms of prevention and some of the more lenient methods of punishment. Finally, Part IV examines the government's plan for punishment
in the future, and offers a recommendation for implementing changes to
the sentencing guidelines.
I.
A.
BACKGROUND
Identifying Characteristicsof Online Predators and Their .Victims
The overwhelming majority of offenders are white,14 adult 5
males.' 6 In recent years though, there has been an increase in young
adult predators,17 mainly in the eighteen to twenty-five-year-old"' age
12 See infra Part III for examples.
13 See infra Part III.
14 D'OVIDIo & O'LEAuy, supra note 7, at 6 ("Predators are overwhelmingly white."); NJOV STUDY, supra note 3, at 5 ("Most [offenders] were white, non-Hispanic.").
15 Most Internet Sex Offenders Aim At Teens, Not Young Children, Study Shows, Sci. DAILY
(Feb. 19, 2008), http://www.sciencedaily.com/releases/2008/02/080218185101.htm ("[M]ost
online sex offenders are adults who target teens and seduce victims into sexual relationships.").
16 D'OVIDIO & O'LEARY, supra note 7, at 6 ("Males are more likely than females to sexually
exploit children in cyberspace."); N-JOV STUDY, supra note 3, at 5 ("[Virtually all offenders
(99 percent) were male.").
17 According to the University of New Hampshire Crimes Against Children Research
Center, predators are sex offenders who seek out victims through the Internet. David Finkelhor,
Kimberly Mitchell & Janis Wolak, "InternetPredator"Stereotypes Debunked in New Study, Am.
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range.' 9 Offenders vary in profession, oftentimes working in fields least
expected, such as law enforcement, religion, the military, and education.2 0 Online enticement takes place through various interaction sites,
most prominent of which are chat rooms, instant messenger programs,
and e-mail. 2 1 Over time, as social networking websites have gained recognition and use has become more widespread and commonplace, offenders have begun to initiate sexual advances through social networking
websites as well.2 2
PYSCHOL. Ass'N (Feb. 18, 2008), http://www.apa.org/news/press/releases/2008/02/sex-offender.
aspx.
18 D'OVIDIo & O'LEARY, supra note 7, at 7 ("Predators ... were not always adults . . . at
times youth fell victim to exploitation by other youth."); N-JOV STUDY, supra note 3, at 6 ("A
larger percentage of those arrested for online predation in 2006 were young adults, ages 18 to 25
. ... [Tihe percentage of offenders in that age range increased from 23 percent in 2000 to 40
percent in 2006.").
19 N-JOV STUDY, supra note 3, at 6 (suggesting that this increase in predatory behavior in
the specified age group is a "consequence of the coming of age of the first cohort of youth to
grow up with the Internet. Adults ages 18 to 25 may be more likely than older adults to use the
Internet when engaging in deviant behavior" and therefore, explains why "this increase in young
adult offenders does not correspond to any overall increase in sex criminality within this age
group suggested by other sources.").
20 Press Release, Federal Bureau of Investigation Crimes Against Children Unit, Operation
Candyman (Mar. 17, 2002), http://www.fbi.gov/news/pressrel/press-releases/operationcandyman ("Individuals identified as subjects in 'Operation Candyman' include Little League
coaches, a teacher's aide, a guidance counselor, school bus driver, foster care parent and professionals in the medical, educational, military and law enforcement fields."); RICHARD G.
WRIGHT, SEX OFFENDER LAWS: FAILED POLICIES, NEW DIRECTIONs 118 (2009); see CHRIS
HANSEN, To CATCH A PREDATOR: PROTECTING YOUR KIDS FROM ONLINE ENEMIES ALREADY IN YOUR HOME 8 (2007); see Raymond E. Foster, Former Referee Convictedfor Attempted
Enticement of a Minor, CRiM. JUST. NEWS (Apr. 23, 2010), http://criminal-justice-on-
line.blogspot.com/2010/04/enticement-of-minor.html
("Rockett was formerly employed as a
volleyball referee and coach.").
21 See D'OVIDIO & O'LEARY, supra note 7, at 5; N-JOV STUDY, supra note 3, at 4; see also
FBI INNOCENT IMAGES NATIONAL INITIATIVE, supra note 10. According to the FBI:
By using chat rooms, children can chat for hours with unknown individuals, often
without the knowledge or approval of their parents. Investigation revealed that computer-sex offenders utilized the chat rooms to contact children, since children do not
know whether they are chatting with a 14-year-old or a 40-year-old. Chat rooms offer
the advantage of immediate communication around the world and provide the
pedophile with an anonymous means of identifying and recruiting children into sexually illicit relationships.
Id.
22 Real Stories Project, PERVERTED JUSTICE, http://www.perverted-justice.com/ (last visited
Apr. 13, 2012). On May 25, 2010, "[a] 22 year old North Carolina registered sex offender was
arrested for raping a 13 year old girl he met through Facebook." Id. On May 24, 2010, "[a] 26
year old Texas man was arrested for sexually assaulting a 13 year old girl. During the investiga-
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Surprisingly, few individuals arrested for online enticement are registered sex offenders.23 It is heavily suspected that this disconnect is
related to the perception of anonymity. Predators communicating online, rather than in person, are more likely to experience reduced inhibitions and therefore, "predilections towards sexually exploiting children
[that have not surfaced in person] might be more pronounced in computer-mediated environments. "24 It has become apparent that "computers and the Internet have not only changed the nature of child sexual
exploitation, but have affected the types of people who fall victim to and
commit such crimes." 25 The perceived anonymity afforded to Internet
users diminishes traditional relationship boundaries, such as age, class,
and race. 26 As a result of the faceless nature of the Internet, individuals
form relationships that would otherwise not occur in a real-world setting; youth who were taught to stay away from strangers on the street
might not have their guard up against the same strangers who appear
online.2 7
The same freeing sense of anonymity is the very reason that many
youth are drawn to the Internet, and especially those individuals who
are more likely to become victims. "Adolescents appear to be particularly attracted by the technologies of communication, which offer them
the opportunity to interact with others while maintaining anonymity
and to experience a sense of community and social acceptance."2 8 Adolescents who experience more difficulty making friends in real-world situations are increasingly likely to gravitate towards the Internet;
timorous, reclusive adolescents will sooner maintain interpersonal relationships with strangers they meet online than will outgoing, affable
individuals. 2 9 Although reclusive adolescents typically have lower selfesteem and have trouble making friends, the Internet affords them the
opportunity to socialize and meet new people in an easier fashion.o
There is a direct relationship between an individual's level of loneliness
tion police learned that the man had sexually assaulted at least five other girls. He met his
victims on Facebook and MySpace." Id.; see also N-JOV STUDY, supra note 3, at 4.
23 N-JOV STUDY, supra note 3, at 2 ("Few of those arrested for online predators were registered sex offenders (4%).").
. 24 D'OvIDIo & O'LEARY, supra note 7, at 6.
25 Id. at 4.
26 Id
27 Id.; FBI INNOCENT IMAGES NATIONAL INITIATIVE, supra note 10.
28 Di Blasio, Milani & Osualdella, supra note 6, at 681.
29
Id
30 D'Ovioo & O'LEARY, supra note
7, at 5.
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and their likelihood of encountering a negative consequence of Internet
usage. 3 1
Regardless, although personality plays a role, demographics are the
most significant indicator of who is most likely to be targeted as a victim. Specifically, females are considerably more likely to be the recipient of online enticement than males. 3 2 Furthermore, age plays a large
role. It is often adolescents that are targeted, rather than young children.33 The N-JOV Study indicated that in both 2000 and 2006, the
majority of victims of online enticement were between thirteen and fifData collected by other organizations since 2006 have
teen-years-old.
indicated that in recent years, the age group has slightly increased, including victims as old as seventeen." Comparisons done among adolescent Internet users have concluded that victimization is highest among
sixteen-year-olds. 36 The next most victimized age group, at 23%, is fifteen-year-olds, followed by seventeen-year-olds, comprising 17% of the
victims. 37
B.
Negative Implications of Current and Future Technological Advances
Adolescents are at risk not only because they are viewed as prey,
but additionally because there is little that parents and guardians can do
to protect them. The youth who are being targeted are more familiar
with the technology than their parents and guardians, which effectuates
a decomposition of an otherwise effective monitoring system. 38 Furthermore, the Internet has become more pervasive than previously
imagined, and is now available to users on portable devices, such as
laptop computers and cell phones.3 9 Currently, adolescents can access
31 See Scott E. Caplan, Relations Among Loneliness, Social Anxiety, and ProblematicInternet
Use, 10 CYBER PSYCHOL. & BEHAV. 234 (2007); REPORT TO CONGRESS, supra note 10, at 30
("Grooming typically begins with the selection of a child who exhibits desired behaviors or
psychological characteristics such as low self-esteem or family problems.").
32 D'OVIDIo & O'LEARY, supra note 7, at 5; N-JOV STUDY, supra note 3, at 4 ("Most
victims were girls, but boys were 16 percent of victims [in 2006], compared to 25 percent in
2000.").
33 Most Internet Sex Offenders Aim At Teens, supra note 15; N-JOV STUDY, supra note 3, at 2.
34 N-JOV STUDY, supra note 3, at 4.
35 D'OVIDIo & O'LEARY, supra note 7, at 5.
36 Id; see also Janelle Stecklein, New Yorker indicted in online-solicitation case, AMARILLO
GLOBE-NEWS (Aug. 27, 2010), http://amarillo.com/news/2010-08-27/new-yorker-indicted-online-solicitation-case.
37 D'OVIDIo & O'LFARY, supra note 7, at 5.
38
Id.
39
Id
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the Internet, send text and instant messages, and participate in chat
rooms, on-the-go; no longer immobilized by a stationary computer, cell
phones offer even more expansive connectivity and access to predators.4 0
Furthermore, with newer phones offering connective, interactive applications, the risks are expanded. Parents and guardians cannot keep up
with that level of mobility and are relatively powerless to protect their
children from online enticement.4 1 The fragile nature of those preyed
upon, and the inability of parents and guardians to protect them, is the
very reason the government must employ strict laws as punishment for
offenders, as a means of discouraging online enticement.
Online relationships often progress at a fast pace. It has been determined that when a predator makes a connection online, he first assesses whether the victim trusts him. 4 2 Once affirmed, "the relationship
is likely to spill over into the physical world,"43 which can range from
sending and receiving letters and/or gifts through the mail to telephone
calls. 4' The ensuing step is an in-person meeting.4 5 A meeting is likely
to result in a direct sexual encounter between the predator and the ado40 See Press Release, United States Dep't ofJustice, Rochester Sex Offender Pleads Guilty To
Online Enticement Of Two Minor Girls (Aug. 4, 2010), http://www.justice.gov/usao/nyw/
press/press-releases/FranklinDeCapuaPlea_8-4-10.pdf [hereinafter Rochester Sex Offender Press
Release]; see Theresa Mioli, Vidor Man Indicted For Online Solicitation, BEAUMONT ENTERPRISE
(Nov. 1, 2010), http://www.beaumontenterprise.com/default/article/Vidor-man-indicted-foronline-solicitation-816656.php.
41 See Rochester Sex Offender Press Release, supra note 40.
42 See D'OVIDIo & O'LEARY, supra note 7, at 2. See also REPORT TO CONGRESS, supra note
10, at 30.
43
REPORT TO CONGRESS, supra note 10, at 30.
44 D'OVIDo & O'LEARY, supra note 7, at 2; see also United States v. Dwinells, 508 F.3d 63
(1st Cir. 2007). Dwinells, a forty-year-old man, fostered. online relationships of a sexually explicit nature with three underage females (Maria, 14; Paige, 14; Ashley, 13). Id. He exchanged
photographs with Maria, and received a pair of her underwear after requesting it. Id. He made
similar requests to Paige and Ashley. Id. He spoke to all three about meeting in person, offering
to pay their travel expenses if they would visit him in Boston. Id. Unbeknownst to Dwinells,
the girls were fictional and in actuality, the online personalities were two law enforcement officials conducting sting operations. Id. The case reflects the average progression of online enticement: initial online contact, requests for physical contact, and requests for an in-person meeting.
See D'OVIDIO & O'LEARY, supra note 7, at 2.
45 D'OVIDIo & O'LEARY, supra note 7, at 1-2 ("Of particular concern for parents and
government officials is that the solicitations and ensuing adult/child relationships originating in
cyberspace can lead to a physical-world relationship where the child is sexually abused."). Data
from the National Center for Missing and Exploited Children 2005 survey of online child victimization show that twenty-three percent of youth who received an unwanted sexual solicitation
were asked by the predator to meet in-person. Id.
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lescent victim. 6 It has been determined that one in twenty-five teenagers are recipients of sexual solicitations that include attempts to meet in
person.
In order to prevent this from occurring, it is best to halt the
relationship at its very inception, from the first contact made on the
Internet. This implication raises the following question: what is being
done to protect minors from online enticement?
II.
SOCIETAL RECOURSE: PREVENTION PROGRAMS
There have been three prominent lines of defense in the battle
against online enticement of minors: (1) independent efforts to educate
youth, parents, and law enforcement; (2) creation and implementation
of specialized government agencies; and (3) proposed legislation aimed
at enhancing punishment for offenders. Private functions and public
funding have increasingly merged together in recent years, "many private organizations receive financial support from the [United States] Department of Justice/Office of Justice Programs through earmark
appropriations designated by Congress or through participation in competitive grant funding programs."" This coordination is likely responsible for the overwhelming success of both these government agencies and
the pseudo-private efforts.
As a nation, we view the Internet as a necessary evil. Therefore in
order to maintain its existence in society, while combating its negative
side effects, the government and private organizations are willing to
fund preventative measures." Unfortunately, it appears as though that
tough attitude, fiercely opposing online enticement, is not reflected in
much of the current legislation surrounding sentencing guidelines for
offenders. There is a disconnect between the measures of prevention
and punishment. As a society, we spend money,"o time, and resources"
on education and prevention methods. We have created specialized task
46 Id. at 2 ("The obvious danger of an in-person meeting is direct sexual contact between
predator and victim.").
47 DAVID FINKELHOR, KIMBERLY MITCHELL & JANIS WOLAK, I IN 7 YOUTH: THE STATISTICS ABOUT ONLINE SEXUAL SOLICITATIONS 1 (2007).
48 D'OVIDIo & O'LEARY, supra note 7, at 2; REPORT TO CONGRESS, supra note 10, at 95.
49
See infra Part II.A-B.
50
Internet Crimes Against Children Task Force Program, U.S.
OF JUV. JUST. AND
DELINQUENCY
DEPARTMENT OF JUST., OFF.
PREVENTION, http://www.ojjdp.gov/programs/progsum-
mary.asp?pi=3 (last visited Feb. 28, 2012) [hereinafter DOjs ICACProgram] (noting that in the
2009 Fiscal Year, Internet Crimes Against Children received $75 million in funding).
51 See D'OVIDIo & O'LEARY, supra note 7, at 2; REPORT TO CONGRESS, supra note 10, at
41.
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forces dedicated to this particular societal harm, yet, when those measurements fail and the anticipated crime is committed, many state legislators take a soft stance on punishment. 52
A.
Specialized Government Programs
The government has taken a broad approach to regulating sex offenders. History reveals an impressive expansion of protections afforded
to the public with regard to sex offender statutes." In the wake of the
tragic abductions and murders of Adam Walsh5 ' and Etan Patz," the
country was exposed to a "fundamental weakness in [its] approach to
52
See supra Part III.B.
53 Blaisdell, supra note 7, at 1160-66.
Blaisdell states in relevant part:
In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act ("Wetterling Act"). This statute compelled states
to require persons convicted of sexual crimes against children or sexually violent
crimes to register with the government upon release from prison or placement on
parole. The statute applied to individuals convicted of sexual battery, kidnapping of a
child, production or distribution of child pornography, and sexual conduct with a
minor. Two years after Congress passed the Wetterling Act it enacted Megan's Law,
which made two significant changes to the privacy rights of registered sex offenders.
First, Megan's Law required private registry data to become public information, and
second, it required state and local law enforcement agencies to release relevant sex
offender information necessary to protect the public... . On July 27, 2006, President
George W. Bush signed the Adam Walsh Child Protection and Safety Act of 2006
('Walsh Act') for nationalized sex offender registration ... Title I of the Walsh Act
created [the Sex Offender Registration and Notification Act (SORNA)]. The law
established guidelines for state registries and mandated a nationwide sex offender registry along with tougher penalties for sex offenders who failed to register. In addition
to the National Guidelines, section 146(c) of SORNA established the Office of Sex
Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
('SMART'). The SMART office is responsible for determining whether jurisdictions
have met all of the requirements of SORNA. SORNA governs all fifty states, the
District of Columbia, the five principal United States territories, and the federally
recognized Indian tribes that elect to function as registration jurisdictions. SORNA
requires the registration of every sex offender who engages in . . . a sexual act with a
child under the age of twelve. Along with requiring sex offenders to register, SORNA
also sets forth three tiers of sex offenders into which all sex offenders may be classified
... the overall purpose of SORNA is to protect the public by requiring sex offenders
who have been released from incarceration to report certain information and by also
requiring states to collect and disseminate this information to the public.
Id.
54 Police: 1981 Killing ofAdam Walsh Solved, MSNBC (Dec. 16, 2008, 8:29 PM), http://
www.msnbc.msn.com/id/28257294/ns/us-news-crime and-courts/t/police-killing-adam-walsh-
solved/#.TkmUW7_sXeg.
55 Anthony Bruno, The DisappearanceofEtan Patz, TRUTV, http://www.trutv.com/libraryl
crime/serialkillers/predators/etan-patzlindex.htm (last visited Feb. 28, 2012).
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investigating multi-jurisdictional crimes."5 6 It was determined that "the
United States, with its fifty states and approximately 18,000 separate
state and local law enforcement agencies, had no established protocol for
inter-agency communication and cooperation around cases of missing
and endangered children."57 This was quickly remedied when President
Reagan announced the creation of the National Center for Missing and
Exploited Children.5 8 This swift response was not an isolated one; subsequent acts were passed updating the regulations regarding registration
of sex offenders.59 When the problem was identified, the nation reacted
by taking abrupt, effective steps to remedy the issue and diligently maintained a strong stance against predatory behavior aimed at minors.
In addition to legislation, agencies have been created to act both in
conjunction and as a supplement. These organizations and task forces
protect our nation's youth by serving three relatively interconnected
functions: investigative assistance, training assistance, and awareness/
preventative initiatives.
i.
Investigative Assistance
Investigating online enticement involves specialized training. "Investigations involving the online exploitation of children require law enforcement officers with a background in the seizure of electronic
evidence and digital forensic methodologies." 6 0 Additionally, "knowledge of the substantive and procedural laws pertaining to computer
crime and related investigative techniques is also essential to preparing a
workforce to fight the online sexual exploitation of children." 6 ' Therefore, as a means of investigative assistance, many government-sponsored
organizations offer training focusing specifically on seizing, obtaining,
and processing electronic evidence.
Internet Crimes Against Children (ICAC), housed within the
United States Department of Justice, has created a Task Force Program
(ICAC Task Force Program), which "helps state and local law enforcement agencies develop an effective response to cyber enticement and
child pornography cases. This help encompasses forensic and investiga56 REPORT TO CONGRESS, supra note
10, at 93; see D'Oviolo & O'LEIRY, supra note 7, at
2.
57 REPORT TO CONGRESS, supra note
10, at 93.
Id
59 See United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007).
60 D'OVIDIO & O'LFARY, supra note 7, at 10.
58
61
Id
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tive components, training and technical assistance, victim services and
community education."6 2 The highly effective program has been a great
resource for government and law enforcement agencies.
Since the inception of ICAC in 1998, over 230,000 law enforcement officers, prosecutors, and other professionals have received training.6 ' The ICAC Task Force Program has trained individuals from the
United States as well as seventeen other countries. 5 The program has
seen great success, "since 1998, ICAC Task Forces have reviewed more
than 280,000 complaints of alleged child sexual victimization resulting
in the arrest of more than 30,000 individuals." 6
ii.
Training Assistance
ICAC provides expansive training assistance as well: The ICAC
Training and Technical Assistance Program. The program "was established to assist ICAC task forces with training and technical assistance." 67 There are a vast array of ICAC training providers: Girls
Educational and Mentoring Services, 8 the National District Attorneys
Association, 9 the National White Collar Crime Center,7 0 the Fox Valley
Technical College,7 1 the National Center for Missing and Exploited
Children, and the National Consortium for Justice Information and Statistics (SEARCH).72 SEARCH "provides training related to social
62
DOJs ICAC Program, supra note 50; see Rochester Sex Offender Press Release, supra note
40.
See DOJs ICAC Program, supra note 50.
Id.; see Rochester Sex Offender Press Release, supra note 40.
65 DOJs ICAC Program, supra note 50.
66 Id
67 Id
68 Id. ("Girls Educational and Mentoring Services provides training and technical assistance
to increase the capacity of ICAC task forces to combat interrelated forms of commercial sexual
exploitation of children.").
69 Id. ("The National District Attorneys Association provides training for prosecutors, including their two-part Unsafe Havens class (Part I focuses on pre-trial and investigation, while
Part II is an advanced trial advocacy course addressing jury selection through sentencing).").
70 Id.
("The National White Collar Crime Center provides training for law enforcement,
prosecutors, and other stakeholders in the ICAC program to improve investigative,
prosecutorial, and forensic capabilities; create and distribute guidelines, best practices, and investigative methodologies; and coordinate meetings with grantees and practitioners.").
71 Id. ("Fox Valley Technical College . . . provides training focused on investigative techniques and best practices for undercover operations to combat Internet crimes against children
and site-specific technical assistance to ICAC Task Forces.").
63
64
72
Id
2012]
517
networking sites, peer-to-peer file sharing, wireless networks, and cell
phone technology." 73
iii.
Awareness/Preventative Initiatives
The National Center for Missing and Exploited Children plays a
major, preventative role. "[P]ursuant to 42 U.S.C. § 5773(b)(1), [the
National Center for Missing and Exploited Children] operates the Congressionally-mandated Cyber Tipline and the Child Victim Identification Program."7 4 The Cyber Tipline is specifically intended to receive
tips relating to a violation of 18 U.S.C. § 2422(b), which makes illegal
the online enticement of children for sexual acts; the Code provides that
"it is a federal crime to use the Internet to knowingly persuade, induce,
entice, or coerce a child under the age of 18 to meet for sexual acts, or to
attempt to arrange such a meeting."7 5
Further preventative measures have been taken by the Innocent
Images National Initiative (IINI). IINI is an FBI initiative aimed at
addressing crimes related to the sexual exploitation of children by means
of computers and similar media.76 "IINI investigations involve the use
of highly sophisticated methods to identify subjects trying to evade law
enforcement detection by use of multiple layers of encryption and proxy
servers in other countries." 7 7
The FBI recently created a new facility to be used primarily by
IINI investigators for the forensic analysis of evidence from significant
cases nationwide.7 8 Regarding awareness initiatives, IINI teaches Internet safety by providing training through the FBI's Safe Online Street
Internet Challenge (S.O.S.), which is a national program designed to
teach students Internet safety and educate them on the conceivable dangers associated with the online community.7 9 An estimated 60,000 students have successfully participated in the S.O.S. program.o IINI's
S.O.S. program is a highly effective tool for providing awareness as to
the prevalence of Internet crimes.
73
Id.
10, at 94.
75 18 U.S.C. § 2422(b) (2006).
77
Id
78
Id at 43.
Id.
79
80 Id
10, at 42.
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B. Independent Efforts to Prevent Online Enticement and Exploitation
of Children
Myriad programs and projects sponsored by and run through independent non-government agencies and organizations have come into effect, as various efforts are made to protect children from online
enticement. There are numerous organizations, many of which are notfor-profit, that offer investigative and training assistance."1 As for raising awareness, the media has done a great job bringing this issue to the
forefront and has raised awareness. "Much of this work [done by independent agencies] has [been] met with success and has ultimately raised
the awareness of law enforcement, policy makers, parents, and children
of the techniques used by Internet predators."82 Like the aforementioned government programs, these independent efforts involve investigation, training, awareness, and self-policing.
Investigative Assistance
i.
There are multiple "task forces and professional associations [that]
provide assistance to law enforcement agencies with investigations, forensic examinations, and operational policies related to the online exploitation of children."8 3 The International Association of Computer
Investigative Specialists (IACIS) is a prime example. IACIS is a not-forprofit, volunteer organization geared towards educating and subsequently training law enforcement in forensic computer science." The
task force is comprised of 800 members hailing from various countries
and governmental agencies. Members of the task force, in addition to
training, make themselves available to law enforcement for consultations
regarding electronic crime investigations.85
ii.
Training Assistance
It is typically left to non-governmental entities to provide training
for children, parents, and educators on how to engage in safe Internet
81 For example, INOBTR ("I Know Better"), a 501(c)(3) organization which is funded
through private sector sponsorship and government grants. About INOBTR, INOBTR, http://
www.inobtr.org/about/ (last visited Jan. 8, 2012).
83 Id. at 9.
84 See INT'L Ass'N OF COMPUTER INVESTIGATIVE SPECIALISTS, http://www.iacis.info (last
visited Jan. 8, 2012).
85 D'OVIDIO & O'LEARY, supra note 7, at 10; see
TIVE SPECIALISTS, supra note 84.
INT'L AsS'N OF COMPUTER INVESTIGA-
2012]
519
practices." In 1994, Enough Is Enough (EIE)8 7 emerged as a national
leader, initiating the movement towards making the Internet a safer
place for adolescents."
EIE actively "confront[s] . . . sexual predation
with innovative initiatives and effective communications. "89
Various methods are employed by the myriad of organizations
dedicated to promoting web safety. Web Wise Kids, Inc., employs a
unique approach. The organization "offers fun, challenging and interactive simulations based on real-life criminal cases .
.
. to teach children
about Internet risks." 90 Catering to a more traditional method of youth
education, INOBTR ("I Know Better")" partnered with the government and private citizens to promote awareness and teach children, parents or guardians, and educators how to reduce the possibility of being a
victim of Internet crime. 92
In addition to directly training Internet users, some organizations
also train law enforcement officials. The High Technology Crime Investigation Association Internet Safety for Children Campaign (HTCIA)
created a program93 to train law enforcement professionals on how to
effectively convey Internet safety advice to both children and parents.
From its website," educators, parents, and law enforcement professionals can download Internet Safety Training Tips for targeted audiences. 6
The materials are tailored to specific age groups,97 and present important, age-appropriate messages for each group, as well as guidelines on
how to deliver the information, answer commonly asked questions, and
While the government does not run these organizations, it may provide funding to them.
86
87 Enough Is Enough is a non-partisan, non-profit organization. REPORT TO CONGRESS,
supra note 10, at 96.
88 1d
89 Id.
90 Id
91 INOBTR is a play on Internet slang and intended to be read as "I Know Better"-I NO
BTR. About INOBTR, INOBTR, http://www.inobtr.org/about/ (last visited Jan. 8, 2012).
92 REPORT TO CONGRESS, supra note 10, at 97.
93 Internet Safety for Children, INT'L HIGH TECH. CRIME INVESTIGATION ASS N, http://
www.htcia.org/isfc/ (last visited Jan. 8, 2012) (noting that HTCIA partnered with Hewett Packard, the United States Secret Service, LiveWWWires, NetSmartz, and the National Center for
Missing and Exploited Children to create this program).
94 D'OVIDIo & O'LFARY, supra note 7, at 12.
95
Internet Safety fr
96
Id.
Children, supra note 93.
97 Id. HTCIA breaks it down into four distinct categories: K-Grade 2, Grades 3-6, Middle
School (typically consisting of Grades 7-8, or Grades 6-9), and High School. Id.
520
CARDOZO PUB. LAW POLICY & ETHICS
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[Vol.
define certain terms. Also included are age-applicable contracts-an Internet Safety Pledge-for students to sign.98 A similar program, I-Safe,
"provides educators, law enforcement professionals, and parents with
training materials to promote a safe and responsible Internet experience
for children." 99
iii.
Awareness/Preventative Initiatives
Perhaps the most important, effective, and instrumental service
provided by independent agencies is that of promoting awareness.
Awareness leads to prevention. NetSmartz Workshop, 0 0 for example,
provides do-it-yourself programs that both children and parents can use
I-Safe, in addition to proto educate themselves on Internet safety.'
viding training materials, also provides extremely important online resources for adolescents in need. 1 0 2 I-Safe has a chat room dedicated to
the facilitation of open communication between inquisitive children and
I-Safe staff who can answer questions regarding online safety issues. 1 3
Similarly, WiredSafety engages in more than just training assistance.
WiredSafety has specialized information, targeted for parents,'o 4 law enforcement,' 0 kids, older age groups, including tweens and teens,10 6 and
victims.107 Furthermore, WiredSafety has a vast online library comprised of resources about Internet safety.'os The purpose of the library
is to provide both parents and educators with current news and information regarding the most recent dangers that children may be exposed to
while using the Internet. 0 9
9 8 Id
100 NetSmartz Workshop: A Program of the National Centerfor Missing and Exploited Children,
NAT'L CENTER FOR MISSING AND EXPLOITED CHILD., http://origin.www.netsmartz.org/Parents
(last visited Apr. 13, 2012).
101 D'OVIDIO & O'LEARY, supra note 7, at 11.
102 Id at 12.
103 Id
104 Parents, WIREDSAFETY, www.wiredsafety.org/index.php?option=com_content&view=cat4
egory&layout=blog&id=45&Itemid=5 (last visited Jan. 8, 2012).
105 Law Enforcement, WIREDSAFETY, www.wiredsafery.orglindex.php?option=comcontent&
view=category&layout=blog&id=46&Itemid=56 (last visited Jan. 8, 2012).
106 WiredSafetys Youth Page, WIREDSAFETY, www.wiredsafety.org/index.php?option=com
content&view=category&layout=blog&id=38&Itemid=60 (last visited Jan. 8, 2012).
107 Victims, WIREDSAFETY www.wiredsafety.org/index.php?option=com-content&view=cate-
gory&layout=blog&id=57&Itemid=84 (last visited Jan. 8, 2012).
108 Id
109 Id
2012]
iv.
521
Self-Policing
The relationship between the Internet and sexual exploitation of
children has become very well known. While this was initially due to
increasing government support for the connectivity and sharing of information between jurisdictions, the issue has stayed on the minds of average citizens for one reason: the media. 1 o Often, the media calls our
attention to the negative consequences of the Internet by running news
stories on victims. At times however, the media highlights progress,
such as the recent attempts by social networking websites to self-monitor their content in order to provide users with the safest version of their
website. "
The well-known online community, Craigslist, has made headlines
in recent years due to its "erotic services"-turned-"adult services" section.'1 2 These newsworthy occurrences were typically negative, oftentimes relating to cases of prostitution and child exploitation. Craigslist's
CEO Jim Buckmaster worked closely with Craigslist's Director of Law
Enforcement Relations William Clinton Powell and Craigslist's Attor13
ney Elizabeth McDougall to take active steps to remedy the situation.
As a result, in 2008,
Craigslist . .. entered into an agreement with the National Center for
Missing and Exploited Children (NCMEC) and the Attorneys General of 40 states to enact measures that it claim[ed were] targeted towards fighting child exploitation ... the agreement [was] designed to
prevent the popular classifieds site from being used for human traf1
ficking, child exploitation, and 'other illegal activities."
110 D'OVID1O & O'LEARY, supra note 7, at 1; N-JOV STUDY, supra note 3, at 1; Christopher
Leibig, Virginia's Internet Solicitation Law: Mandatory sentences target virtual more than live
predators, ARLINGTON LAW & POL. EXAM'R (Oct. 29, 2009), http://www.examiner.com/lawand-politics-in-arlington/virginia-s-internet-solicitation-law-mandatory-sentences-target-virtualmore-than-live-predators.
I11 See Jacqui Cheng, Craigslist:adult services dead;good luck with otherguys, ARS TECHNICA
(Sept. 15, 2010), http://arstechnica.com/tech-policy/news/2010/09/craigslist-to-congress-adultservices-is-dead-good-luck-with-the-other-guys.ars [hereinafter Craigslist:Adult Services Dead].
112 Id
113 Id
114 Id; see Press Release, Connecticut Attorney General's Office, CT Attorney Gen., 39
Other States Announce Agreement With Craigslist, NCMEC To Crack Down On Erotic Ser4 2 44 8
vices Ad Content (Nov. 6, 2008), http://www.ct.gov/ag/cwp/view.asp?A=2795&Q= 7
[hereinafter Connecticut AG Press Release]; see Jacqui Cheng, Craigslistputsa dimmer on its redlight district, ARS TECHNICA (Nov. 6, 2008), http://arstechnica.com/tech-policy/news/2008/1 1/
craigslist-puts-a-dimmer-on-its-red-light-district.ars [hereinafter CraigslistPuts A Dimmer On Its
522
CARDOZO PUB. LAW POLICY & ETHICS J
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The. agreement included the implementation of a more stringent
phone verification system and a requirement that the website start
charging fees for listings made in the red light district."' The public
heavily criticized the addition of a fee." 6 However, this criticism was
misguided, as the fee was not intended as a profit-making mechanism.
Rather, the fee was implemented to enable Craigslist to provide law enforcement with contact information retrieved from credit cards used in
instances of illegal enticement.' 17
Red-Light District]; see JointStatement with Attorneys General, CRAIGSLIST BLOG (Nov. 6, 2008),
http://blog.craigslist.org/2008/11/joint-statement-with-attorneys-general-ncmec/.
The forty
states mentioned are Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi,
Montana, Nebraska, Nevada, New Hampshire, New Mexico, New Jersey, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South
Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Also joining the agreement are the District of Columbia, the United States Virgin Islands, and Guam. Connecticut AG Press Release, supra.
'15 The Erotic Services-turned-Adult Services section of Craigslist was deemed the website's
red-light district based on the similarities it shared with other well-known areas bearing the same
name. See Monique Garcia & Robert Mitchum, Craigslist Ending 'Erotic Services' Ads, CHI.
TIuB. (May 13, 2009), http://articles.chicagotribune.com/2009-05-14/news/090513091 11
prostitution-services-section-shuts ("Craigslist is doing the right thing in eliminating its online
red light district with prostitution and pornography in plain sight.").
116 Craigslist.Adult Services Dead, supra note 111; Jacqui Cheng, Craigslistgives in, will shut
down Erotic Services section, ARS TECHNICA (May 13, 2009), http://arstechnica.com/tech-policy/news/2009/05/craigslist-gives-in-will-shut-down-erotic-services-section.ars
[hereinafter
CraigslistGives In]; CraigslistPuts A Dimmer On Its Red-Light District, supra note 114.
117 Connecticut AG Press Release, supra note 114 ("Under the agreement, Craigslist will
require that posters of erotic services ads give a working phone number and pay a fee with a valid
credit card. The site will provide the resulting information in response to law enforcement
subpoenas."); see Joint Statement with Attorneys General,supra note 114. It had been decided
that:
In addition to phone verification and other existing protective measures, [C]raigslist
will soon require credit card verification and a small fee per ad for posting in 'erotic
services', to further encourage compliance with site guidelines. Paid ads that violate
site guidelines will be removed without refund: The company intends to donate 100
percent of net revenue generated from the 'erotic services' category to charity, with net
revenue to be verified by an external auditor.
'Requiring credit card verification, and charging a fee to post in this category raises
accountability to a point where we expect few illicit ads will remain,' says [Craigslist
CEO Jim] Buckmaster. 'For those that do persist, telephone and credit card information will be available to law enforcement via subpoena. More than ever, those who
would misuse [C] raigslist to violate the law will find that [C]raigslist is a very inhospitable place.'
Id.
2012]
523
When that measure was deemed ineffective, Craigslist effectuated
self-help: changing the section's name from "Erotic Services" to "Adult
Services" and revamping the criteria for the material present on the
site."' Powell implemented manual reviews of every listing."' 9 As a
result, Craigslist experienced a ninety percent drop in postings.1 2 0 In
addition to monitoring the content, Craigslist provides users with information on how to report suspected trafficking, it "features law enforcement hotlines, has specialized victim search interfaces for police, and
meets regularly with experts at nonprofits and law enforcement. "121
Craigslist's attempt to self-monitor the content on its website was twofold: it involved 1) filtering the content on the website itself and 2)
shedding light on the issue by posting warnings and information on
how to report problems.122 Craigslist has been praised for making tremendous strides in regards to self-policing, but nonetheless, was unable
to prevent its website from being used as a medium for sexual exploitation of minors via online solicitation.12 3 After coming to the realization
that despite implementing a plethora of safety precautions, Craigslist
still could not prevent all instances of solicitation, the website chose to
permanently remove its "Adult Services" section.12 4 Craigslist made a
valiant effort to police its own website, but ultimately, was unable to
ensure that even with careful monitoring there would not be any future
solicitation of minors. However, despite the undesirable resolution, the
incident did bring to light the role the media plays in raising awareness.
Another example of an independent organization raising awareness
is the well-known, and somewhat controversial television show, To Catch
a Predator. The show, an investigative series on Dateline NBC, although not the first mechanism to discover or pursue predators engaging in online solicitation, played a paramount role in bringing these
instances to the forefront of public awareness.12 5 As host Chris Hansen
explained:
118 Craigslist:Adult Services Dead, supra note 111.
119 Id.; see Craigslist Gives In, supra note 116.
CraigslistGives In, supra note 116.
122 See id; see CraigslistGives In, supra note 116; see CraigslistPutsA Dimmer On Its Red-Light
District, supra note 114.
124 Id
125
SANSEN,
120
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We were not the first news show to discover that predators pursued
kids online .
. .
. Advocacy groups, victims of computer predators,
and even so-called vigilante groups had been trying to expose this
years before the first 'To Catch a Predator' investigation aired. Local
law enforcement and the FBI had been doing stings in chat rooms
before we started. . . . [T]he reason why we chose to work with [Perverted Justice] in the beginning instead of with law enforcement is
because it allowed us to do real reporting on the subject of computer
predators. If we had simply watched an officer chat with a predator
and videotaped him being arrested when he showed up at a park to
meet a child, that would only be telling part of the story and would
not have given us much insight into the mind of a predator.
. .
. We
could get a pretty good sense of who the potential predators were
based on the extensive chat logs with decoys .
. .
. I would be able to
talk to these men face-to-face. I would hear their excuses and sometimes their confusions. Some would bolt as soon as they saw me.
Some would refuse to leave, demanding over and over that they not be
outed on national television. These confrontations are a critical part
of both exposing and understanding the problem. 12
The show is considered by many to be outrageous, and therefore, is
often discussed. Word of mouth is a powerful tool; people view the
television show, become upset, repulsed, or worried, and that triggers
individuals to take preventative measures. Parents are more likely to
discuss safety measures with their children, and to let them know that if
anything like that ever happens to them, they should report it. While
many believe the show paints a gloomy picture of our web-based secondary society, many others argue that it simply sheds light on the many
possibilities of what can happen when engaging in Internet use, and that
it raises societal awareness. The media, television in this instance, is a
powerful instrument, and with a program as captivating as To Catch a
Predator, audiences are drawn in.127 The more popular the show becomes, the more people are made aware of the potential consequences of
the Internet. The entire movement has been a positive one, bringing an
important societal harm into the limelight and fostering the growth of a
Id. at 1-3; PERVERTED JUSTICE, http://www.perverted-justice.com (last visited Nov. 30,
2010); see Matea Gold, NBC resolves lawsuit over 'To Catch a Predator'suicide,L.A. TIMES BLOG
(June 24, 2008, 3:35 PM), http://latimesblogs.latimes.com/showtracker/2008/06/nbc-resolvesla.html.
127 HANSEN, supra note 20, at 1 ("We did figure out how to expose it in an enterprising
way.").
126
2012]
525
vital watchdog organization, Perverted Justice. 1 28 Perverted Justice,
which currently boasts a 100% conviction rate, 1 2 9 which many equate to
a 100% success rate, would not have grown into the reliable watchdog
organization it currently is, and would not have such positive relations
with officers of the law, were it not for its connection to the show.13 0 To
Catch A Predatoris a vivid example of an independent entity-here, a
news anchor-presenting the real-life dangers associated with Internet
use. In doing so, Hansen enlisted the help of Perverted Justice, and
displayed their otherwise overlooked methods to the public.
However, some individuals blame the media, and this program in
particular, for making the issue of online solicitation too pervasive.
Some believe that the show "furthers the hysteria" surrounding the issue
of Internet predators. 13 ' This resonates with more reserved members of
society, analytical individuals who are overly cautious and believe that
little of what is shown on television is truthful, and that instead, the
issues are often exaggerated. Certain instances in the past give merit to
this theory. For example, "[i]n a speech [given by former Attorney General Alberto Gonzales] about a major initiative to combat the 'growing
problem' of Internet predators, he cited a statistic he attributed to To
Catch a Predator. Gonzales stated that approximately 50,000 such
would-be pedophiles were prowling the Internet at any given moment."l 3 2 However, the number had no factual basis. "When questioned about the statistic, Dateline claimed that it had gotten the
number 50,000 from a retired FBI agent who consulted with the show.
When .
.
. contacted, [the consultant] stated that he 'wasn't sure where
the number had come from.'" 3 3
Regardless of the minor inaccuracies, which are bound to surface
even within the most prestigious institutions, the show is a powerful
Id. at 3. Hansen explains that:
As [Perverted Justice] has evolved, it has gone from vigilante group to computer
128
watchdog group . . . it is now in demand from police and sheriffs departments
around the country. Now its mission has more to do with helping law enforcement
prosecute cases in court than merely posting the names of predators on its Web site.
Id.
129 Info For Police, PERVERTED JUSTICE, http://perverted-justice.com/index.php?pg=
policeinfo (last visited Jan. 8, 2012).
130 HANSEN, supra note 20, at 3.
131 Dara L. Schottenfeld, Witches and Communists and Internet Sex Offenders, Oh My: Why It
is Time To Call Off The Hunt, 20 ST. THOMAS L. REv..359, 370-71 (2008).
132 Id
133
Id
526
CARDOZO PUB. LAW POLICY & ETHICS J
[Vol. 10:505
tool in the war against online predators. To Catch a Predatorshowcases
the reality of whom children may be talking to online and the associated
dangers. It conveys an important underlying fact: these conversations
and meetings may not be harmless fun, but instead, may be instances of
illegal activity.
III.
LEGISLATION
There is no uniform penalty for online solicitation of sex from a
minor; rather, each state sets its own sentencing guidelines regarding
online enticement. 3 4 "Sentencing guidelines are part of an intricate
sentencing system and are exceedingly detailed and complex."35 As a
result, punishment varies greatly by jurisdiction. This disconnect
presents a loophole for criminals and can allow sexual deviants to escape
with lesser punishment than ordinarily expected.13 6 Under federal law,
online enticement is a felony punishable by a minimum prison term of
ten years and a maximum of life imprisonment. Yet typical state sentencing is significantly less harsh; some states allow for sentences of less
than one year, and may use misdemeanor classification.' 3 7 Many believe
this is a result of increased judicial discretion, begging the following
question: does increased judicial discretion regarding sentencing provide
a more lax punishment scale, or instead, implement a highly effective
system of penance?
Evidently, "[nilationally, the average sentence length has increased
for all crimes post-Booker," the case in which the United States Supreme
Court struck down a federal sentencing statute provision that required
federal district court judges to impose sentences within the range specified by the federal guidelines.1'" "[T]he average sentence length has also
increased for sexual exploitation offenses. Before the PROTECT Act
was enacted, the average sentence for Exploitation of a Minor was 146
134 Press Release, Nat'l Ctr. for Missing and Exploited Children, Punishment of Internet
Predators Varies Greatly By State (Dec. 6, 2006), http://www.missingkids.com/missingkids/servlet/NewsEventServiet?LanguageCountry=enUS&Pageld=2947 [hereinafter National Center
for Missing and Exploited Children Press Release].
135 Laura M. Klever, ReinvigoratedJudicialDiscretionAfier Booker: Burden Or Boon To Sexual
Exploitation Offenders?, II J. GENDER RACE & JUST. 93, 104 (2007) ("To impose a sentence,
the judge must identify the appropriate guideline range for the offense. This is accomplished by
determining two items: offense level and criminal history.").
136 Id
137 Id
138 Id
2012]
527
months. Post-Booker, the average sentence . . . was 209 months. This
represents more than a forty percent increase in sentence length."1 3 9
However, the single similarity amongst the myriad state sentencing
guidelines is a general lack of severity; the punishments doled out by
many of the states are minor relative to the nature of the crime. Of
course, there are a number of jurisdictions that already have stern sentencing requirements, including Georgia, 40 Maine,'' and Montana,14 2
as well as the District of Columbia, which abides by the federal statute.1 3 However, the remaining states have undeniably looser standards.
The less restrictive sentencing guidelines employ one or more of the
following practices: they (1) permit misdemeanor penalties; (2) classify a
violation as a felony, "but grant judges statutory discretion to sentence
offenders to less than a year in prison";"' or (3) grant judges statutory
discretion to eliminate all prison time and, instead, punish offenders
with a monetary fine.' 4 5
A.
Levels of Punishment and the Distinction Between Online
Communications and Real-World Contact
Many states vary the level of punishment based on a fact-specific
inquiry, typically dividing culprits into two categories: 1) those who
made physical, real-world contact with a minor; and 2) those who instigated an online connection only.'4 6 This division is often indiscernible
to those outside the legal profession. Viewers of To Catch a Predator,for
example, are only witnessing the more grandiose violations, and give
little thought to those who engage in online communication with minors but take no steps to meet them in person.
139 Id.; United States v. Booker, 543 U.S. 220 (1995); 18 U.S.C. § 3553 (2006). As a result:
After the enactment of the PROTECT Act, judges settled back into their restricted
roles, albeit resentfully, as they essentially became fact-finders who simply determined
whether 'aggravating or mitigating facts that mattered to the Commissioners existed,
and plugged these findings into the formula provided in the Manual to reveal the
appropriate sentence.'
Klever, supra note 135, at 110.
140 GA. CODE ANN.
§ 16-12-100.2 (2011).
'4'
ME. REv. STAT. ANN. tit. 17-A,
142 MONT. CODE ANN. § 45-5-625
§ 282 (2011).
(2011).
143 National Center for Missing and Exploited Children Press Release, supra note 134; see
Klever, supra note 135, at 104.
144 National Center for Missing and Exploited Children Press Release, supra note 134.
145
Id.
146
See FLA.
STAT. ANN.
§ 847.0135 (West 2011).
528
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[Vol. 10:505
To Catch a Predatoris most widely known for the men who actually
show up at the decoy house to allegedly engage in sexual acts with a
person they believe to be a minor. Most people have no difficulty
grasping the idea that by arriving at that house, the men featured on
the show have demonstrated a clear intent to commit the underlying
crime against a minor. By actually leaving their own homes and making their way to the decoy house, the men have moved beyond the
mere preparation stage and have taken a substantial step toward the
commission of that crime. Most people do not realize, however, that
Internet luring statutes do not require men to actually show up at all.
Under these statutes, once someone has engaged in a sexually themed
online chat with a decoy posing as a minor, they have committed a
crime. The men who do not actually appear at the decoy house can
still be charged with the crime of attempted solicitation of a minor.1 7
It is reasonable to have a system that differentiates between offenders who set up and follow through with meetings, and offenders who do
not. The former should be punished more harshly. The most practical,
and legible, state statutes are those that clearly establish a difference between the two offenses. A prime example of such a statute is Florida's
SecComputer Pornography and Child Exploitation Prevention Act.'
tion 847.0135(3)(a) of the Act defines the type of activities that are
prohibited, which include the use of a computer to "seduce, solicit, lure,
or entice, or attempt to seduce, solicit, lure, or entice, a child or another
person believed by the person to be a child" to engage in any unlawful
sexual conduct. Thus, subsection (3) defines online enticement, and
declares that any person who engages in such acts "commits a felony of
the third degree."149 In clear contrast, subsection (4), entitled "traveling
to meet a minor," identifies the difference in the crimes:
Any person who travels any distance either within this state, to this
state, or from this state by any means, who attempts to do so, or who
causes another to do so or to attempt to do so for the purpose of
engaging in . . . unlawful sexual conduct with a child or with another
person believed by the person to be a child after using a computer
online service, Internet service, local bulletin board service, or any
other device capable of electronic data storage or transmission to: (a)
Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or
147 Schottenfeld, supra note 131, at 377 (emphasis added).
148 FiA. STAT. ANN. § 847.0135.
149 Id. § 84 7.0135(3)(a).
2012]
529
entice a child or another person believed by the person to be a child,
to engage in . .. unlawful sexual conduct . .. commits a felony of the
second degree.1 5 o
The statute clearly distinguishes between solely online conduct and any
attempt at the physical manifestation of said conduct.
In Florida, both online solicitation and physical manifestation of
such solicitation are considered felonies. However, they differ in degree.' 5 ' This likely stems from controversy as to what constitutes engagement in inappropriate, sexually explicit conversations with minors,
and whether intent should play a role. On one end of the spectrum,
there is concern over the risk of chilling free speech by punishing people
without ascertaining their intent.152 Courts have been hesitant to assume intent where there has been none demonstrated, and instead look
solely at the inappropriate content itself. 53 This important consideration regarding the role of intent in distinguishing individuals who exclusively engage in online communication with minors from those who
actively seek out physical interactions dictates many of the current debates and laws.
B.
Statutory Discretion
Judicial discretion is a relatively controversial topic. When analyzing judicial discretion, it is important to look at the context it is coming
from. 4 "In a purely discretionary system, it would seem that there are
as many sentencing models as there are judges. This is one of the
strengths of a discretionary system-infinite adaptability-but from an
analytical standpoint, this is also a weakness."' 55 Proponents as well as
opponents of judicial discretion present strong, valid arguments. The
history of federal judicial discretion reflects society's polarization:
Judicial discretion has come nearly full circle in the past 100 years.
Judges first had nearly unbridled discretion to determine offenders'
sentences. However, as sentencing disparities became more prevalent,
Id. § 847.0135(4)(a).
151 See id. § 847.0135(3)-(4).
152 Schottenfeld, supra note 131, at 382-83.
153 Id. at 383.
150
154
ANDREW WISEMAN & MICHAEL CONNELLY, JUDICIAL DISCRETION AND SENTENCING
OUTCOMES: INCORPORATING DATA FROM THE COURTROOM
www.ncjrs.gov/pdfftlesl/nij/grants/223974.pdf.
155 Id
(2008), available at https://
530
CARDOZO PUB. LAW POLICY 6-ETHICS J.
[Vol. 10:505
the legislature took steps to limit judicial discretion. The Sentencing
Reform Act of 1984 was Congress'[s] second attempt at sweeping reform, followed by the Prosecutorial Remedies and Other Tools to End
the Exploitation of Children Today Act of 2003 (PROTECT Act).
Although judges retained little discretion after these two enactments,
the U.S. Supreme Court continued to curb judges' discretion in Jones
v. United States and Apprendi v. New Jersey before finally reinvigorating
judicial discretion in United States v. Booker.156
At present, offenders who are convicted in Delaware,' 5 7 Iowa,15 8
New York,' 5 9 or North Dakota, 16 o may, at the discretion of the presiding judge, spend less than one year in prison for the crime of online
enticement, despite the crime's classification as a felony. Similarly, the
statutes in the following states solely provide a maximum sentencing
requirement: Maryland, 6 1 Minnesota,16 2 Oklahoma,16 3 South Carolina,1 64 South Dakota, 65 and Wisconsin. 6 6 Therefore, individuals convicted in these states face no minimum sentencing requirement and
consequently could conceivably serve less than a year in jail.
Additionally, there are presently eight state statutes classifying
some form of online enticement as a misdemeanor.16 7 The current statutory guidelines in California," Michigan,' 6 9 North Dakota, 7 o Oregon, 17 ' Tennessee,1 72 Utah, 17 3 Vermont,17 4 and Washington17 5 present
156 Klever, supra note 135, at 96-97 (discussing Jones v. United States, 526 U.S. 227 (1999);
Apprendi v. New Jersey, 530 U.S. 466 (2000); United States v. Booker, 543 U.S. 220 (1995)).
157 DEL. CODE ANN. tit. 11, § 4205(e) (2011).
158 IOWA CODE ANN. § 902.9 (West 2011).
159 N.Y. PENAL LAW §§ 235.22, 70.00 (McKinney 2011).
160 N.D. CENT. CODE ANN. § 12.1-20-05.1 (West 2011).
161 MD. CODE ANN., CRIM. LAw
162 MINN. STAT. ANN. § 609.352
§
3-324 (West 2011).
(West 2011).
§ 1040.13a (West 2011).
164 S.C. CODE ANN. § 16-15-342 (2011).
165 S.D. CODIFIED LAws § 22-24A-5 (2011).
166 Wis. STAT. ANN. %5 939.50, 948.075 (West 2011); WISEMAN & CONNELLY, supra note
154 ("Due to the voluntary nature of sentencing guidelines in Wisconsin, judges are neither
required to follow the suggested guidelines nor submit completed worksheets. On average, only
20 percent of possible worksheets are submitted to the Sentencing Commission in a given
year.").
167 WISEMAN & CONNELLY, supra note 154.
168 CAL. PENAL CODE § 288.3 (West 2011); see also id. § 288.2; id. § 288a(b)(1); id
163 OKaA. STAT. ANN. tit. 21,
§ 311.1(a); id. § 311.2(a); id. § 311.4(a).
169 MICH. COMP.
LAws ANN. § 750.145d (West 2011).
170 N.D. CENT. CODE ANN.
171 OR. REv. STAT. ANN.
§
12.1-20-05.1 (West 2011).
§ 163.435 (West 2011).
2012]
531
tiered options, which in certain specified instances permit an offense to
be considered a mere misdemeanor.
In New York, certain conduct, such as enticing a minor to engage
in sexual acts by depicting or describing sexual conduct during a computer-induced communication"" is classified as a class D felony. Section 70.00 of the New York Peial Law determines sentencing for the
commission of a felony; judges are provided with statutory discretion to
limit the sentence if they believe that the jury-determined punishment is
too harsh.177 The statute holds that the maximum prison term for a
Class D Felony is no more than seven years. 17" However, it neither
suggests nor requires a minimum sentencing term. Section 70.00(4)
provides an "alternative definite sentence for class D and E felonies."179
This section of the statute lays out an exception, maintaining that:
When a person, other than a second or persistent felony offender, is
sentenced for a class D or class E felony, and the court, having regard
to the nature and circumstances of the crime and to the history and
character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an
indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.' 8 o
Therefore, the decision to reduce the sentence is seemingly entirely up
to the court. There are no guidelines that judges are required or even
suggested to follow when making the discretionary determination that
an individual guilty of online enticement of a minor should serve less
172 TENN. CODE ANN.
173 UTAH CODE ANN.
174
VT. STAT. ANN. tit.
§ 39-13-528 (2011).
§ 76-4-401 (West 2011).
13,
176
177
%§ 2825,
2828 (2011).
(West 2011).
N.Y. PENAL LAw § 235.22 (McKinney 2011).
Id. § 70.00(4). In New York, alternative definite sentences exist for class D and E
175 WASH. REV. CODE ANN.
§ 9.68A.090
felonies:
When a person, other than a second or persistent felony offender, is sentenced for a
class D or class E felony, and the court, having regard to the nature and circumstances
of the crime and to the history and character of the defendant, is of the opinion that a
sentence of imprisonment is necessary but that it would be unduly harsh to impose an
indeterminate or determinate sentence, the court may impose a definite sentence of
imprisonment and fix a term of one year or less.
Id.
178
Id § 70.00(2)(d).
179
Id
180
Id.
CARDOZO PUB. LAW POLICY &'rETHICS J.
532
[Vol. 10:505
than a one year prison, sentence rather than up to seven years. Some
would argue that this could be unfair. This flexibility, and the uncertainty that follows, fails to send a powerful deterrent message to potential felons.'' As former Attorney General Alberto Gonzales once said,
"the ability of judges to exercise discretion 'threatens the progress we
have made in ensuring tough and fair sentences for federal
offenders.' "182
Monetary Fines as Punishment
i.
Maryland, 18 3 Michigan,18 4 Minnesota,18 5 North Dakota,'8 6
Oklahoma,'1 7 South Carolina,' 8 South Dakota, 8 9 Vermont,9'o Washington,' 9 1West Virginia,19 2 and Wisconsin' 9 3 judges are given statutory
discretion to sentence offenders to pay a simple fine in lieu of serving
time in prison. Further, in states such as Michigan, 9 4 Minnesota, 9 5
and Washington,' 9 6 the crime is categorized as a misdemeanor and the
penalty, if elected, may be a mere $5000 fine.
The current law in Michigan is a prime example of a state statute
that, in certain instances, will allow an offender to face misdemeanor
charges.' 9 7 In Michigan, a judge is permitted to send a defendant to jail
181 David Rosenzweig & Henry Weinstein, How Judges Will Use DiscretionIs the Big Question:
Analysts predict mostjurists will be cautious before departingfrom sentencingguidelines, L.A. TIMEs
(Jan. 13, 2005), http://articles.latimes.com/2005/jan/13/nation/na-impactl3 ("Since the federal
sentencing guidelines were adopted in 1987 to provide more uniformity in sentencing nationwide, many judges have complained that the rules place constraints on their -ability to make
refined decisions about punishment.").
182 NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS,
TRUTH
IN SENTENCING?,
THE GONZALES CASES 3 (2005), available at http://www.nacdl.org/WorkArea/DownloadAsset.
aspx?id=21909&libID=21879.
183 MD. CODE ANN.,
§ 609.352
185 MINN. STAT. ANN.
186 N.D. CENT. CODE ANN.
187 OKLA. STAT. ANN.
188 S.C. CODE ANN.
S.D.
§ 3-324 (West
§ 750.145d (West
CRIM. LAw
184 MICH. Comp. LAWS ANN.
2011).
2011).
(West 2011).
§ 12.1-20-05.1 (West 2011).
4
tit. 21, § 10 0.13a (West 2011).
§ 16-15-342 (2011).
§
22-24A-5 (2011).
§ 2825 (2011).
191 WASH. REv. CODE ANN. § 9.68A.090 (West 2011).
192 W. VA. CODE ANN. § 61-3C-14b (West 2011).
193 Wis. STAT. ANN. § 948.075 (West 2011).
194 MICH. Comp. LAws ANN. § 750.145d(2)(a) (West 2011).
195 MINN. STAT. ANN. § 609.352(4) (West 2011).
196 WASH. REV. CODE ANN. § 9.92.020 (West 2011).
197 MICH. Comp. LAws ANN. § 750.145d.
189
CODIFIED LAws
190 VT. STAT. ANN.
tit.
13,
20121
533
for a prescribed time within the statutory guidelines, force payment of a
fine, or it can enforce both penalties.19" Therefore, a criminal in Michigan may pay a fine in lieu of serving jail time. In light of the extreme
amount of time and money society puts into preventing these crimes, it
seems unreasonable and inefficient that the punishment for actually
committing the crime is miniscule. It is hard to view a mere $5000 fine
as sufficient reparation.
IV.
RECOMMENDATIONS
State sentencing guidelines must be made more stringent. In order
for that to occur, the following must ensue: First, collection of empirical
data will help clarify how children have been, and are likely to be in the
future, subject to online solicitation. Next, increased awareness of the
current legislation and sentencing guidelines is necessary. Widespread
understanding of the advantages and disadvantages stemming from current legislation will allow for informed discussion on what improvements should be made in. the future. Lastly, sentencing guidelines
should be altered. The sentencing guidelines should be made more substantively similar to the federal sentencing guidelines. Furthermore,
they should be congruent with the level of care shown by the public
through independent agencies, and the government through national
agencies, organizations, and task forces.
The first step is to define the issue. It is difficult to determine the
actual number of instances of online solicitation since there are no solidified statistics.' 99 Oftentimes, adolescents do not report being
targeted.2 00 This can occur for a number of reasons; adolescents are
ashamed,20 1 they may not think it is an important issue, or they may be
unaware that there exists a mechanism for them to report it. 20 2 There198
Id
199 D'OVIDIO & O'LEARY, supra note
7, at 2 ("Unwanted online sexual solicitations are
rarely reported to a law enforcement agency . . . 56 percent of victims did not tell anyone,
including friends and parents of the solicitation they received online."); N-JOV STUDY, supra
note 3, at 1.
200 D'OVIDIO & O'LEARY, supra note 7, at 1.
201 Id ("Victimization research is likely hampered by the unwillingness of children to report
online encounters of a sexual nature for fear of embarrassment and parental scrutiny of future
Internet activity."); N-JOV STUDY, supra note 3, at 1, 9.
202 D'OVIDIO & O'LEARY, supra note 7, at 1 ("Data from a 2005 survey by the National
Center for Missing and Exploited Children on Internet crimes against children show that 65
percent of parents and 82 percent of children were not aware of where they could report an
unwanted online sexual encounter.").
534
CARDOZO PUB. LAW POLICY 6-ETHICS.
[[Vol. 10:505
fore, the pervasiveness of the problem remains unknown.2 0 3 "Gauging
the magnitude of the problem requires agreement at the national level
on the crimes that constitute online exploitation. [Moreover,] a centralized reporting structure should . . . be set up to enable aggregate assessments at the state and federal levels." 2 0 4 In order to move forward and
create more structured legislation, the government must first know what
exactly it is dealing with. This requires more accurate statistics. In an
effort to attain such statistics, the Cyber Tipline, which was created as a
mechanism for individuals to report instances of online enticement of
children for sexual acts, 2 0 5 should be extensively advertised, the responses aggregated, and the information disseminated. "We need a
sound, regularly updated research agenda to inform evidence-based education and prevention programs geared towards promoting child and
adolescent safety as the Internet and other communication technology
continue to evolve and proliferate." 2 0 6 Additionally, the United States
Department of Justice, in its 2010 report to Congress, admitted that,
"the Threat Assessment revealed a growing problem that will require
more investment in investigators, prosecutors, technology, tools, and research to search out and find offenders." 20 7 The Department of Justice
has lofty goals for the future, 208 as should the state legislatures.
204
Id.
Id. at 8.
205
REPORT TO CONGRESS, supra
203
206
note 10, at 94.
D'OVIDIO & O'LIRY, supra note 7, at 5; N-JOV
207 REPORT TO CONGRESS, supra
208
STuDY,
supra note 3, at 9.
note 10, at 137.
Id. at 137-38. It is explained that:
A multi-disciplinary approach to the problem is required because of the complexity of
the threats involved .. . . First, the Department will continue to partner closely with
state, local, tribal, and non- governmental entities, as well as other federal agencies and
the private sector to implement the National Strategy in a coordinated fashion. Second, the Department will build on the success of the Project Safe Childhood initiative. Third, the Department will increase its commitment to a leadership role in
finding a global solution to the transnational problem of the sexual exploitation of
children. Fourth, the Department will work toward improving the quality, effectiveness, and timeliness of computer forensic investigations and analysis. Fifth, the Department will increase its commitment to effective and sophisticated training for
prosecutors and investigators. Sixth, the Department will continue to partner with
Industry to develop objectives to reduce the exchange of child pornography. Seventh,
the Department will explore opportunities to increase the education and awareness of
federal, state, local and tribal judges of the difficult issues involved .in child sexual
exploitation.
Id.
2012]
535
The second step is spreading awareness of the system currently in
place, including both its benefits as well as its flaws. Doing so will enlighten the public as to how it can help make the Internet a safer space.
It is important to recognize that the current system employed by the
United States in the fight against online enticement is comprised of
many layers. Firstly, there are preventative initiatives that teach children
and their parents how to safely browse the Internet and engage in harmless online interactions.2 09 The groups that lead these initiatives focus
on training educators and police officers on how to present the material
to the children, as well as teaching the children directly themselves.2 10
Furthermore, these groups, some of which are non-profit organizations
working for the common good and others of which are task forces created as subsidiaries of the federal government, also teach children the
importance of reporting any instances of inappropriate behavior and
where they can do so. 2 1 1
The next layer of protection, intended to punish those offenders
who break the law in order to prevent it from occurring again is left to
the states to implement.2 12 Each state has its own statute providing
punishment and sentencing guidelines and each state provides its own
system of recourse.2 1 3 Unfortunately, state statutes vary greatly, and despite much recent and proposed legislation, there are still states with
unnervingly slight punishments for offenders.2 1 4
The third and most important step to be taken once adequate data
has been obtained and awareness of the problem has risen should be to
tighten the sentencing guidelines. There should be congruence between
the efforts put into educating youth, finding the predators, and the imposition of punishment. A mere fine is not enough, nor is a misdemeanor sentence. These reprehensible crimes should have punishments
fitting to the crime.
Online enticement harms our youth, it is a clear detriment to our
society, and therefore, should be austerely punished. In recognition of
such, many states have proposed stricter legislation.2 1 5 It is important
See supra Part II.
See supra Part II.
211 See supra Part II.
212 See supra Part III.
213 See supra Part III.
214 See supra Part III.B.i.
215 See, e.g., GA. CODE ANN.
209
210
(2011); MONT. CODE ANN.
§
§
16-12-100.2 (2011); ME. REv. STAT. ANN. tit. 17-A, § 282
45-5-625 (2011).
536
CARDOZO PUB. LAW POLICY & ETHICS J1
[Vol. 10:505
that citizens of states employing looser standards write letters to their
representatives in support of the new legislation. Additionally, the national organizations aimed at awareness should inform all citizens of
these loose punishments and incorporate petitions to get tougher penalties on the books. As the Department of Justice recognizes, "[a] multidisciplinary approach to the problem is required because of the complexity of the threats involved. Solving this problem must include . . .
investigators and prosecutors, [as well as] social service providers, educators, medical professionals, academics, non-governmental organizations,
and members of industry, as well as parents and families." 2 1 6
CONCLUSION
.
The fact that one in twenty-five teenagers are recipients of sexual
solicitations, including attempts to meet in person, presents a drastic
problem for the nation's youth. 1 7 Teenagers should be able to peruse
the Internet and make use of instant message systems without falling
victim to sexual predators. The problem is especially concerning given
the direct correlation between a teenager's level of solitude, often caused
by low self-esteem and anti-social tendencies, and how much time they
spend online.2 1 8 Such teenagers face an increased likelihood of encountering an unwanted advance. 21 9 The problem does not end there, however. Due to the increased mobility of technology, teenagers are now
victimized via cell phones, both through text messages and Internet
applications.2 2 0
There is little parents can do. 2 2 1 However, preventative measure
must be taken, and as such, many prevention programs have sprung up.
Currently, government task forces exist that provide investigative and
training assistance, and that streamline awareness and preventative initiatives. 2 2 2 Furthermore, many independent efforts have been made, including self-policing. 223 However, state punishment guidelines remain
divergent, and without uniformity, they are less powerful. Additionally,
216
217 FINKELHOR, MITCHELL & WoiAl,
218
219
220
221
222
223
Di Blasio, Milani & Osualdella, supra note 6, at 681.
Caplan, supra note 31.
D'OviDIo & O'LFARY, supra note 7, at 5.
Id
See supra Part II.A.
See supra Part II.B.
2012]
537
many state sentencing guidelines do not call for harsh punishment. 2 24
Therefore, regardless of the myriad government and independent efforts, more must be done. The best course of action for the future is to
increase awareness, gather document statistics on the occurrence of such
crimes, and revamp state laws to intensify the punishment for convicted
predators.2 2 5 Increasing awareness will encourage more teenagers to
come forward and report any unwanted sexual advances. Additionally,
increasingly harsh punishments will serve as a more powerful deterrent.
The combination of both measures will result in a well-prepared, knowledgeable society that takes a strong stand against this unseemly behavior.
The more online enticement is made public, ways to prevent it are
taught and discussed, and the more publicized the harsh punishment is,
the less likely a predator is to believe it is possible to get away with the
activity. The bright side is that this horrible problem currently plaguing
the Internet-an otherwise genius invention-is solvable.
224
225
See supra Part IH.B.i
See supra Part IV.

online sexual solicitation of minors: an analysis of the average

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