Online Convictions

Federal Prosecution of Child Sex Exploitation Offenders, 2006
Mark Montivans and Tracey Kyckelhahn
U.S. Department of Justice, Office of Justice Programs
December 2007, NCJ219412

Introduction
During 2006, 3,661 suspects were referred to U.S. attorneys for child sex exploitation offenses. Child pornography constituted 69% of referrals, followed by sex abuse (16%) and sex transportation (14%). Almost 6 in 10 child sex crime suspects were prosecuted in 2006, up from 4 in 10 in 1994. Nine of 10 defendants were convicted and sentenced to prison, up from 8 in 10 in 1994. The median prison sentence imposed increased from 36 months to 63 months over this period. Most suspects charged with sex exploitation were white, male, U.S. citizens, and had attended some college.

In this bulletin, Federal child sex exploitation offenses include child pornography, sex transportation, and sex abuse. Data from the Executive Office for United States Attorneys, the Administrative Office of the U.S. Courts, and the U.S. Sentencing Commission were used to describe Federal prosecution of child sex exploitation crimes. Congressional authority to regulate interstate commerce, including the mail, is the basis for Federal prosecution of child pornography. Federal jurisdiction over certain child sex abuse offenses is limited to the military, national parks, and Native American reservations. (See Methodology  for selected Federal criminal sex exploitation statutes.)

In 2006, child pornography defendants were more likely to be convicted (95%) than sex transportation (92%) and sex abuse (86%) defendants (table 7). The conviction rate increased for sex abuse defendants from 81% in 1996 to 86% in 2006 while the conviction rate decreased slightly for child pornography defendants (from 97% in 1996 to 95% in 2006). Sex transportation defendants were convicted at about the same rate for the two periods (91% in 1996; 92% in 2006). Nine of ten defendants who were not convicted had their cases dismissed. . . Child pornography represented the largest increase in persons receiving a prison sentence —77% were sent to prison in 1996 compared with 97% in 2006. The percent sent to prison for sex transportation increased from 91% in 1996 to 98% in 2006. Defendants convicted of sex abuse received prison 83% of the time in 1996 compared with 86% in 2006. (p.5)