There certainly should be a national effort to educate parents and children. Whole communities must be warned of the infiltration of a small number of individuals who would prostitute friendships and organizations for self-gratification. We must guard against making courts the unwitting accomplices of these criminals who take advantage of weak state supervision and licensing standards to receive funding and children for their own abusive purposes. With offenders who are unusually bright, yet sick individuals, we need special legislation that carries unusual penalties. We may want centralized mental treatment or behavior modification centers designed to alter the deviant acts of these people, if possible, before they are returned to society, if we conclude they should be returned at all. We need also to study their methodology so that we can better ferret out, convict, and control other offenders. As one of the legislative means of addressing this complex problem, I am in agreement with the basic thrust of the proposed Child Abuse Prevention Act. The proposal succeeds in aiming criminal sanctions as directly as possible at the acts of sexual abuse that are inexorably tied to the material produced. The Act also succeeds simply by its recognition that the problem is national in scope and requires at least in part, a federal solution. However, I do entertain some questions about the broad language of the statute which I raise for discussion with this distinguished group. For example, might this statute be interpreted to include the newsperson, the anthropologist, or documentary filmmaker who may face criminal sanctions under the broad language of the statute even if acting responsibly for legitimate news or academic purposes. On the other hand, Congress might decide that even for serious artistic statements it should be illegal to permit a child to simulate or carry out any sexual act on the screen because of the possibility of psychological damage to the child-actor. Or Congress might conclude that such a decision should be left to the parent or that to impose federal law as the bill is currently worded would overreach the limits of governmental action in constitutionally protected areas. Under Section 2252 (a) (2) of the proposed Act, are we imposing an unconstitutional mandate on individual adult bookstore operators to bear the burden of determining whether each and every person appearing in every movie or book in his store is over or under the magic age of 16. The real question here is whether the law is enforceable against the local bookstore seller? Or is this a matter that might better be left for local government to control? In my opinion the federal government might better focus on the actual physical abuse of the child, the interstate transportation of children for that purpose, and the photographing, filming and wholesale distribution of such materials between› states. Perhaps we should review already existing federal law for possible revisions that would help in stopping this abuse, even if as a supplement to the proposed statute. For example, the Mann Act Section 2421 might be amended to refer to the transportation of "persons" rather than being limited to "women or girls" as it now reads. We now know that young boys are transported across state lines for the same immoral purposes. These general considerations, of course, are offered to assist you in arriving at the best possible legislation after considering all arguments. Perhaps, I have raised more questions today than I have answered. I hope, however, that I have acted as a catalyst in moving forward to protect children while at the same time helping to avoid undue interference with the constitutionally protected rights of all our citizens. Thank you, LIST OF EXHIBITS Membership of National District Attorney's Association Task Force on Sexual Abuse of Children. Hermes Magazine. (May be found in subcommittee files.) Letter from Robert F. Leonard, Prosecuting Attorney, Genesee County, to Benjamin Civiletti, Assistant U.S. Attorney General, March 4, 1977. U.S.C.A. 18 § 2421, Mann Act, Flow chart of national connections within boy-lovers community constructed by convicted child molester. Newspaper articles. 93-185-77—6 NATIONAL DISTRICT ATTORNEYS ASSOCIATION TASK FORCE ON SEXUAL ABUSE OF CHILDREN Hon. Bernard Carey, States Attorney, Cook County, Civic Center, Chicago, Ill. 60602. Hon. Harry Connick, District Attorney, Orleans Parish, 2700 Tuland Avenue, New Orleans, La. 70119. Hon. Joseph Freitas, San Francisco County District Attorney, Hall of Justice, 880 Bryant Street, San Francisco, Calif. 94103. Hon. Robert F. Leonard, Prosecuting Attorney, Genesee County, 200 Court House, Flint, Mich. 48502. Hon. J. William Pope, Jr., District Attorney General, 18th Judicial Circuit, P.O. Box 280, Pikeville, Tenn. 37367. Hon. Dennis Ryan, States Attorney, Lake County, Court House, Waukegan, Ill. 60085. LETTER TO THE ASSISANT U.S. ATTORNEY GENERAL Chicago, Ill., March 4, 1977. Mr. BENJAMIN CIVILETTI, DEAR MR. CIVILETTI: Just a note to express my appreciation to you and your staff for the courtesies extended us when we met with the Attorney General and you in your offices on Friday. I believe such frank exchange of ideas will be beneficial for all. As I mentioned to you on the phone yesterday, the National District Attorneys Association is anxious to develop a close working relationship with your department and to meet with you to get some insight on your thoughts and philosophy on the problems of the Criminal Justice System. Since it is impossible for you to attend the San Diego Conference this month, hopefully you will be able to attend our spring Board of Directors meeting in Chicago May 11-13 at the Continental Plaza. If this is posible, we would be happy to make accommodations for you at the hotel. There are approximately 75 board members and about 60-65 generally attend. Also pursuant to our phone conversation, I would like to briefly expand on the matter of sexual child abuse. The problem appears to be national in scope and obviously its implications are tragic. It involves primarily children between ages 5 to 15 being sexually abused by adults. It seems there may very well be a national conspiracy made up of an inter-relating network of foster homes, churches, nature camps and other similar programs ostensibly set up to handle wayward, incorrigible, homeless youngsters. These groups are not always tied together by any common denominator other than many have the same M.O. or the same organizer. Someone that needs investigation is a person by the name of Dyer Grossman, who it appears, goes from state to state setting up these organizations, and in some cases, affiliating with a New Jersey church under circumstances which avoid any scrutiny by the IRS. These phony organizations are established in such a way as to be the conduit to accumulate youngsters to be used in making porno films and being available for sexual activities with adult perverts. Some of the expenditures for these youngsters are unknowingly being provided by public funding. These programs are being stocked with young children by over-burdened courts, insensitive parents, and in some cases, well-meaning officials. Once the youngster is placed in the program whether Michigan, Tennessee, Louisiana or any other state, he is trapped and becomes the easy prey for the sexual deviates who in most cases are running the programs. These adult perverts appear to be aware of the network and travel between states attending these camps and sexually abusing these children for money usually paid to the camp officials. Many of these people involved in this type of activity are very wealthy individuals and some are respectable community leaders in their home towns. The district attorneys with whom I have spoken who have this problem have told me that their communities are outraged and they are anxious to cooperate in any way in dealing with this matter. They feel very restricted in confronting the issue because of the jurisdictional limitations. This is the reason I brought the matter to your attention. If our suspicions are borne out and there is a national network, it would seem that the federal government could be helpful in assisting local district attorneys in attacking this problem. If you would, please let me know your thoughts on this matter. The Liaison Committee between the National District Attorneys Association and the Attorney General is being set up and the names of the Committee should be to you in the next four or five days. If I can be of any further assistance in this matter or any matter of mutual concern, please contact me. Whoever knowingly transports in interstate or foreign commerce, or in the District of Columbia or in any Territory or Possession of the United States, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or Whoever knowingly procures or obtains any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl in interstate or foreign commerce, or in the District of Columbia or any Territory or Possession of the United States, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practice, whereby any such woman or girl shall be transported in interstate or foreign commerce, or in the District of Columbia or any Territory or Possession of the United States Shall be fined not more than $5,000 or imprisoned not more than five years, or both. June 25, 1948, c. 645, 62 Stat. 812; May 24, 1949, c. 139, § 47, 63 Stat. 96. HISTORICAL AND REVISION NOTES Reviser's Note. Based on Title 18, U.S.C., 1940 ed. §§ 397, 398, 401, 404 (June 25, 1910, c. 395, §§ 1, 2, 5, 8, 36 Stat. 825-827). Section consolidates sections 397, 398, 401, and 404 of Title 18, U.S.C., 1949 ed. Section 397 of Title 18, U.S.C., 1940 ed., containing a definition of the terms "interstate commerce" and "foreign commerce" was omitted as unnecessary in view of the definition of those terms in section 10 of this title. Section 401 of Title 18, U.S.C., 1940 ed., prescribing venue was omitted as unnecessary in view of section 3237 of this title. Section 403 of Title 18, U.S.C., 1940 ed., was omitted. No definition of "Territory" is necesary to the revised section as it is phrased. Construction therein of "person" is covered by section 1 of Title 1, U.S.C. 1940 ed., General Provisions, as amended. Last paragraph of said section relating to construction of this chapter was omitted as surplusage. This chart was drawn by Gerald S. Richards, now serving 2-10 in Jackson State Prison, Jackson, Michigan, for sexually molesting a minor male. The contents of the chart have not been verified in full. 72-9-1 PorT JAR TAZLAAR (Boy friend, MARK Schuck, PORT HURON) Dinalo Keller, Edinands, WASHINgton (UTES P.O. BAM) (11) DONALD SANsterg, Phoenix, Arizona, (1) Jerome Rozy, Po Box (<===^l.), A CONTRA FRIM: SANDBERG (1) who claims To Know L. FOR Money or Love" la dunst Book on Subject of pederisty T |