PORNOGRAPHY:
Public Health Crisis
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, pornography is creating a public health crisis;
WHEREAS, pornography perpetuates a sexually toxic environment;
WHEREAS, efforts to prevent pornography exposure and addiction, to educate individuals and families concerning its harms, and to develop recovery programs must be addressed systemically in ways that hold broader influences accountable;
WHEREAS, pornography is contributing to the hypersexualization of teens, and even prepubescent children, in our society;
WHEREAS, due to advances in technology and the universal availability of the Internet, young children are exposed to what used to be referred to as hard core, but is now considered mainstream, pornography at an alarming rate;
WHEREAS, the average age of exposure to pornography is now 11 to 12 years of age;
WHEREAS, this early exposure is leading to low self-esteem and body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among adolescents to engage in risky sexual behavior;
WHEREAS, exposure to pornography often serves as childrens’ and youths’ sex education and shapes their sexual templates;
WHEREAS, because pornography treats women as objects and commodities for the viewer’s use, it teaches girls they are to be used and teaches boys to be users;
WHEREAS, pornography normalizes violence and abuse of women and children;
WHEREAS, pornography treats women and children as objects and often depicts rape and abuse as if they are harmless;
WHEREAS, pornography equates violence towards women and children with sex and pain with pleasure, which increases the demand for sex trafficking, prostitution, child sexual abuse images, and child pornography;
WHEREAS, potential detrimental effects on pornography’s users can impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining intimate relationships, as well as problematic or harmful sexual behaviors and addiction;
WHEREAS, recent research indicates that pornography is potentially biologically addictive, which means the user requires more novelty, often in the form of more shocking material, in order to be satisfied;
WHEREAS, this biological addiction leads to increasing themes of risky sexual behaviors, extreme degradation, violence, and child sexual abuse images and child pornography;
WHEREAS, pornography use is linked to lessening desire in young men to marry, dissatisfaction in marriage, and infidelity;
WHEREAS, this link demonstrates that pornography has a detrimental effect on the family unit; and
WHEREAS, overcoming pornography’s harms is beyond the capability of the afflicted individual to address alone:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the Governor concurring therein, recognizes that pornography is a public health hazard leading to a broad spectrum of individual and public health impacts and societal harms.
BE IT FURTHER RESOLVED that the Legislature and the Governor recognize the need for education, prevention, research, and policy change at the community and societal level in order to address the pornography epidemic that is harming the people of our state and nation.
Utah Senate Concurrent Resolution 9 (2016)
(1) As used in this section:
(a) (i) “Human sexuality instruction” means any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about:
(A) sexual abstinence;
(B) human sexuality;
(C) human reproduction;
(D) reproductive anatomy;
(E) physiology;
(F) pregnancy;
(G) marriage;
(H) childbirth;
(I) parenthood;
(J) contraception;
(K) HIV/AIDS; or
(L) sexually transmitted diseases.
(ii) “Human sexuality instruction” does not include child sexual abuse prevention instruction described in Section 53A-13-112.
(b) “Parent” means a parent or legal guardian.
(c) “School” means a public school.
Filtering Policies
A. A public school that provides a public access computer shall deploy and enforce a technology protection measure to prevent minors from gaining access to visual depictions that are child pornography, harmful to minors or obscene. The governing board of every school district shall prescribe policies, standards and rules for the enforcement of this subsection. Every school district shall make its policies, standards and rules available to the public.
B. A public library that provides a public access computer shall do both of the following:
1. Deploy and enforce a technology protection measure to prevent minors from gaining access to visual depictions that are child pornography, harmful to minors or obscene.
2. Deploy and enforce a technology protection measure to prevent anyone from gaining access to visual depictions that are child pornography or obscene.
C. An administrator, supervisor or other representative of a public library may disable a technology protection measure described in subsection B of this section if both of the following apply:
1. The request is from a library patron who is not a minor.
2. The technology is disabled only to enable access for research or other lawful purposes.
D. The director of the Arizona state library, archives and public records shall adopt rules for the enforcement of subsection B of this section. The director of the Arizona state library, archives and public records shall make the rules available to the public. A public library shall post the rules and its policies in a conspicuous place for library patrons to view.
E. A governing body that operates a public library shall develop a policy for the library to implement the rules developed pursuant to subsection D of this section that are adopted at an open meeting. The governing body shall review the policy at least every three years. The policy shall:
1. State that it restricts access to internet or online sites that contain material described in this section.
2. State how the library intends to meet the requirements of this section.
3. Require the public library to inform patrons that administrative procedures and guidelines for the staff to follow in enforcing the rules have been adopted and are available for review at the library.
4. Require the public library to inform patrons that procedures for use by patrons and staff to handle complaints about the rule, its enforcement or about observed patron behavior have been adopted and are available for review at the library.
F. A public school that complies with subsection A of this section or a public library that complies with subsection B of this section shall not be criminally liable or liable for any damages that might arise from a minor gaining access to visual depictions that are child pornography, harmful to minors or obscene through the use of a public access computer that is owned or controlled by the public school or public library.
G. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of subsection A of this section, the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A of this section. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A of this section within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district or charter school’s apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with subsection A of this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.
H. If the governing body that operates a public library determines that the public library is in violation of subsection B of this section, the governing body shall notify the public library that it is in violation of subsection B of this section. If the governing body determines that the public library has failed to comply with subsection B of this section within sixty days after a notice has been issued pursuant to this subsection, the governing body may direct the appropriate department or agency to withhold up to ten per cent of the monthly apportionment of public monies that would otherwise be due to the public library. When the governing body determines that the public library is in compliance with subsection B of this section, the governing body shall restore the full amount of public monies to the public library.
Arizona Revised Statutes § 34-502
(a) As used in this Code section, the term:
(1) “Acceptable-use policy” means a policy for Internet usage adopted by a local board of education that meets the requirements of this Code section.
(2) “Child pornography” means any computer depiction or other material depicting a child under the age of 18 years engaging in sexually explicit conduct or in the simulation of such conduct.
(3) “Harmful to minors” has the meaning given to such term in Code Section 16-12-100.1.
(4) “Internet” means a global network that connects computers via telephone lines, fiber networks, or both to electronic information.
(5) “Obscene” has the meaning given to such term in Code Section 16-12-80.
(6) “Sexually explicit conduct” has the meaning given to such term in Code Section 16-12-100.
(b) No later than January 1, 2007, each local board of education shall adopt an acceptable-use policy for its school system. At a minimum, an acceptable-use policy shall contain provisions which are reasonably designed to:
(1) Prevent students and employees of the school system from using any computer equipment and communication services owned or leased by the school system for sending, receiving, viewing, or downloading visual depictions of obscenity, child pornography, or material that is harmful to minors;
(2) Establish appropriate measures to be taken against students and school employees who willfully violate the acceptable-use policy; and
(3) Provide for expedited review and resolution of a claim that the policy is denying a student or school employee access to material that is not within the prohibition of the acceptable-use policy.
(c) A local board of education shall take such steps as it deems appropriate to implement and enforce the acceptable-use policy, which shall include, but not be limited to:
(1) Use of software programs reasonably designed to block access to visual depictions of obscenity, child pornography, and material that is harmful to minors; or
(2) Selection of online servers that block access to visual depictions of obscenity, child pornography, and material that is harmful to minors.
(d) Each local school system shall provide, upon written request of a parent or guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section.
(e) The Attorney General and the department shall consult with and assist any local board of education in the development and implementation of an acceptable-use policy pursuant to this Code section.
(f)
(1) No later than January 31, 2007, each local board of education shall submit a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section to the State Board of Education. Such submission shall also include the identification of any software program or online server that is being utilized to block access to material in accordance with subsection (c) of this Code section.
(2) The State Board of Education shall review each acceptable-use policy and any subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the state board determines after review that a policy or revision is not reasonably designed to achieve the requirements of this Code section, the state board shall provide written notice to the local board of education explaining the nature of such noncompliance and the local board of education shall have 30 days from the receipt of written notice to correct such noncompliance. The state board may provide an extension to the 30 day period on a showing of good cause.
(3) No revision of an acceptable-use policy which has been approved by the state board pursuant to paragraph (2) of this subsection shall be implemented until such revision is approved by the state board. If the state board fails to disapprove the revision within 60 days after the submission is received, the local board of education may proceed with the implementation of the revision.
(4) The state board shall be authorized to withhold a portion of state funding to a local school system if the local board of education:
(A) Fails to timely submit an acceptable-use policy in accordance with paragraph (1) of this subsection;
(B) Submits an acceptable-use policy that is not reasonably designed to achieve the requirements of this Code section; or
(C) Is not enforcing or is substantially disregarding its acceptable-use policy.
(5) If the state board disapproves an acceptable-use policy of a local board of education or any revision thereof or notifies the local board of education that it is subject to the withholding of funding pursuant to paragraph (4) of this subsection, the local board of education may appeal the decision to the superior court of the county where the local board of education is situated.
(g)
(1) The state board shall be responsible for conducting investigations and making written determinations as to whether a local board of education has violated the requirements of this Code section.
(2) If the state board determines that a local board of education is in violation of the requirements of this Code section, it shall direct the local board of education to acknowledge and correct the violation within 30 days and to develop a corrective plan for preventing future recurrences.
(h)
(1) Notwithstanding any other provision of this Code section to the contrary, an administrator or supervisor of a local school system, or designee thereof, may disable the software program or online server that is being utilized to block access to material for an adult or for a minor who provides written consent from his or her parent or guardian to enable access to the Internet for bona fide research or other lawful purpose.
(2) Nothing in paragraph (1) of this subsection shall be construed to permit any person to have access to material the character of which is illegal under federal or state law.
(i) A local board of education which is fulfilling the requirements of the federal Children’s Internet Protection Act, P.L. 106-554, is not required to comply with this Code section.
Georgia Code § 20-2-324
(1) Public libraries receiving public moneys and governed by the provisions of chapters 26 and 27, title 33, Idaho Code, that offer use of the internet or an online service to the public:
(a) (i) Shall have in place a policy of internet safety for minors including the operation of a technology protection measure with respect to any publicly accessible computers with internet access and that protects against access through such computers to visual depictions that are obscene or child pornography or harmful to minors; and
(ii) Shall enforce the operation of such technology protection measure during any use of a computer by a minor.
(b) (i) Shall have in place a policy of internet safety, which may include the operation of a technology protection measure with respect to any publicly accessible computers with internet access and that protects against access through such computers to visual depictions that are obscene or child pornography; and
(ii) May enforce the operation of such technology protection measure during any use of a computer.
(2) The provisions of this section shall not prohibit a public library from limiting internet access or otherwise protecting against materials other than the materials specified in this section.
(3) An administrator, supervisor or other authorized representative of a public library may disable a technology protection measure described in subsection (1) at the request of a library patron to enable access for lawful purposes.
(4) Each public library’s policy shall be developed under the direction of the library’s board of trustees, adopted in an open meeting and shall have an effective date. The board of trustees shall review the policy at least once every three (3) years. The policy shall reflect the most recent date of review.
(5) Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe. The board of trustees may issue any other public notice it considers appropriate to inform the community about the policy.
(6) The policy may:
(a) State that it restricts access to internet or online sites that contain material described in subsection (1) of this section and how the policy meets the requirements provided for in this section;
(b) Inform patrons that administrative procedures and guidelines for library staff to follow in enforcing the policy have been adopted and are available for review at the library; and
(c) Inform patrons that procedures for use by patrons and staff to handle complaints about the policy, its enforcement or about observed patron behavior have been adopted and are available for review at the library.
(7) For purposes of this section, the following terms shall have the following meanings:
(a) “Child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(ii) Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(iii) Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
(b) “Harmful to minors” means any picture, image, graphic image file or other visual depiction that:
(i) Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;
(ii) Depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value as to minors.
(c) “Minor” means anyone who has not attained the age of eighteen (18) years.
(d) “Obscene” means a depiction that:
(i) The average person, applying contemporary community standards, would find to appeal to the prurient interest;
(ii) Depicts or describes sexual conduct in a patently offensive way; and
(iii) Lacks serious literary, artistic, political or scientific value.
(e) “Public moneys” means any and all moneys belonging to or collected by the state or any political subdivision thereof including, but not necessarily limited to, any city, county, town or district therein.
Idaho Code §33-2741
(a) Acceptable-use policy.–Within 180 days after the effective date of this act, each school board shall adopt an acceptable-use policy for the Internet. At a minimum, the policy shall contain provisions which are reasonably designed to:
(1) Prevent students and employees of the school entity from using any computer equipment and communications services owned or leased by the school entity for sending, receiving, viewing or downloading visual depictions of obscenity, child pornography or material that is harmful to minors.
(2) Establish appropriate measures to be taken against students and school employees who willfully violate the school entity’s acceptable-use policy.
(3) Provide for expedited review and resolution of a claim that the policy is denying a student or school employee access to material that is not within the prohibition of the acceptable-use policy.
(b) Implementation and enforcement.–The school board shall take such steps as it deems appropriate to implement and enforce the school entity’s policy, which shall include, but need not be limited to:
(1) use of software programs reasonably designed to block access to visual depictions of obscenity, child pornography or material that is harmful to minors; or
(2) selection of online servers that block access to visual depictions of obscenity, child pornography or material that is harmful to minors.
(c) Copy of policy for parents or guardians.–A school entity shall provide, upon written request of a parent or guardian, a copy of the acceptable-use policy it has adopted under this act.
24 Pennsylvania Statutes §4604
Obscenity
(1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The knowing possession by any person of three or more identical or similar materials, matters, articles, or things coming within the provisions of paragraph (a) is prima facie evidence of the violation of the paragraph.
(c) A person who commits a violation of paragraph (a) or subsection (2) which is based on materials that depict a minor engaged in any act or conduct that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2).
(2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of violating this subsection, thereafter violates any of its provisions commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such possession, it is not necessary to allege or prove the absence of such intent.
(3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, paper, magazine, book, periodical, or publication, or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who knowingly promotes, conducts, performs, or participates in an obscene show, exhibition, or performance by live persons or a live person before an audience is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, after having been convicted of violating this subsection, thereafter violates any of its provisions and is convicted thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Every act, thing, or transaction forbidden by this section shall constitute a separate offense and shall be punishable as such.
(6) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from which it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of such facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character.
(7) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section; and, upon the seizure of any such material, matter, article, or thing by any authorized law enforcement officer, the same shall be held by the arresting agency. When the same is no longer required as evidence, the prosecuting officer or any claimant may move the court in writing for the disposition of the same and, after notice and hearing, the court, if it finds the same to have been possessed or otherwise dealt with in violation of this section, shall order the sheriff to destroy the same in the presence of the clerk; otherwise, the court shall order the same returned to the claimant if the claimant shows that he or she is entitled to possession. If destruction is ordered, the sheriff and clerk shall file a certificate of compliance.
(8)(a) The circuit court has jurisdiction to enjoin a threatened violation of this section upon complaint filed by the state attorney or attorney for a municipality in the name of the state upon the relation of such state attorney or attorney for a municipality.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request. No such order shall be made unless such judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for such restraining order is to be made; however, such notice shall be dispensed with when it is manifest to such judge, from the sworn allegations of the complaint or the affidavit of the plaintiff or other competent person, that the apprehended violation will be committed if an immediate remedy is not afforded.
(c) The person sought to be enjoined shall be entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days of the conclusion of the trial.
(d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney or the municipality or its attorney for costs or for damages sustained by reason of such restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof.
(9) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(10) This section shall not apply to the exhibition of motion picture films permitted by s. 847.013.
Florida Statutes §847.011
A. Every person who willfully and knowingly either:
1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;
2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;
3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or
4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography,
shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.
B. Every person who:
1. Willfully solicits or aids a minor child to perform; or
2. Shows, exhibits, loans, or distributes to a minor child any obscene material or child pornography for the purpose of inducing said minor to participate in,
any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this section shall be guilty of a felony, upon conviction, and shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than thirty (30) years, except when the minor child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years.
C. Persons convicted under this section shall not be eligible for a deferred sentence.
D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
E. For purposes of this section, “downloading on a computer” means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media.
21 Oklahoma Statutes §21-1021
Other
(a) Prohibition.–Except as provided in subsection (b), not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines that prohibit the access of a pornographic or other explicit web site from a Federal computer.
(b) Exception.–The prohibition described in subsection (a) shall not apply to any Federal computer that is used for an investigative purpose that requires accessing a pornographic web site.
H.R. 680 (115th Congress)
Congress finds the following:
(1) It has been the longstanding position of the United States to reduce the demand for sex trafficking victims. There is also a wide international consensus on the necessity of demand reduction in order to prevent human trafficking.
(2) The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime of 2000 (also referred to as the “Palermo Protocol(s)”) expressly addresses the requirement that nations make serious efforts to reduce demand for trafficked persons.
(3) Article nine, addressing prevention of human trafficking specifically directs that, “States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.”.
(4) The United Nations Protocol, the Europe Convention on Action against Human Trafficking, and the 2011 European Union Directive of the European Parliament and the Council on preventing and combating trafficking in human beings, also specifically address the need to prevent human trafficking by reducing demand for trafficking victims.
(5) Research has shown that legal prostitution increases the demand for prostituted persons and thus increases the market for sex. As a result, there is a significant increase in instances of human trafficking.
(6) In 2012 researchers Seo-Young Cho, Axel Dreher, and Eric Neumayer published their findings that demonstrated “the scale effect of legalizing prostitution leads to an expansion of the prostitution market and thus an increase in human trafficking, while the substitution effect reduces demand for trafficked prostitutes by favoring prostitutes who have legal residence in a country”.
(7) In 2005 Di Nicola and others provided descriptive statistics focusing on 11 European Union countries. According to their results, stricter prostitution laws are correlated with reduced flows of human trafficking.
(8) Researchers Niklas Jakobsson and Andreas Kotsadam found a casual link between legal prostitution and increases in human trafficking. Jakobsson and Kotsadam found that trafficking of persons for commercial sexual exploitation is least prevalent in countries where prostitution is illegal and most prevalent in countries where prostitution is legalized.
(9) Further data has demonstrated the correlation between the adoption of legislation that criminalizes demand and reductions in sex trafficking victims.
SEC. 3. AMENDMENT RELATING TO DETERMINATIONS WITH RESPECT TO EFFORTS OF
FOREIGN COUNTRIES TO REDUCE DEMAND FOR COMMERCIAL SEX
ACTS UNDER THE MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
(a) In General.–Section 108 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106) is amended by adding at the end the following new subsection:
“(c) Criteria With Respect to Commercial Sex Acts.–In determinations under subsection (b)(12)(A), if the government of the country has the authority to prohibit the purchase of commercial sex acts and fails to do so, such failure to prohibit the purchase of commercial sex acts shall be deemed to be a failure on the part of the government to make serious and sustained efforts to reduce the demand for commercial sex acts, notwithstanding other efforts made by the government to reduce the demand for commercial sex acts.”.
(b) Effective Date.–The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to determinations under subsection (b)(12)(A) of section 108 of the Trafficking Victims Protection Act of 2000 that are made on or after such date of enactment.
H.R. 611 (114th Congress)
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