Child pornography possession is not a victimless crime - open letter to Federal Judge Jack Weinstein

One Child International CEO Evin Daly today wrote to Federal Judge Jack Weinstein in response to an article which appeared in the New York Times on May 21. In the article written by NY Times journalist A. G. Sulzberger, entitled 'Defiant Judge Takes On Child Pornography Law,' Judge Weinstein argues that the mandatory jail sentences for collectors of child pornography are too harsh.

The mandatory minimum is five years. The judge stated that while he does not approve of child pornography, he does not believe that those who view the images, as opposed to producing or selling them, present a threat to children.

In response to this Mr. Daly stated in his letter that possession is a strong indicator of pedophilia (1) . Further he argues, child pornography can be a catalyst for change as an offender goes from fantasizing about offending to actually abusing children (2) . Possession is the result of purchase, Daly said, the funds from which fuel a multi-billion dollar child pornography industry (3) .

A case in which Judge Weinstein has an interest recounts a defendant, a married father of five , who has been charged having been found with 5,000 images of child pornography. The defendant stated that he was researching his own abuse as a child as a reason for possessing the images. "Research,' Mr. Daly recounts is one of the top excuses that child pornography possessors have when caught, according to the FBI (4) .

Judge Weinstein is one of a number of Federal judges across the country who are protesting the mandatory sentencing as being too severe. Judge Weinstein does not believe that those who view the images of child pornography present a threat to children. Child advocates disagree. In the Times article Ernie Allen, the president of the National Center for Missing and Exploited Children said "real children are harmed in the production of these images," he said, "and these same children are harmed every time these images are downloaded and viewed."

Daly agrees and wrote to the Judge advising him why. He made a distinction of separating child erotica (scantily clad children) from child pornography which depicts the graphic and sometimes brutal sexual molestation of children some as young as months old. He also pointed out that images of child pornography are a 'visual record of a crime.' These images, he went to say, provide a source of masturbatory pleasure for men who have a sexual interest in children.

Daly finished by asking Judge Weinstein to consider the victims of child pornography, 'real live breathing children who have no idea what or why this is happening to them.'

One Child International are outspoken activists for children victimized by child exploitation and child abuse. They operate the worldwide child abuse prevention network Child AbuseWatch with offices in the U.S., Ireland and Australia.

The writer, Leah Tobin is a writer and editor for the Contact:


Child AbuseWatch open letter to Federal Judge Jack Weinstein here

NY Times article 052110: Defiant Judge Takes On Child Pornography Law - here

Child AbuseWatch network - here


1. Do Pedophiles Consume Child Pornography?

Anecdotal Evidence of Child Pornography Collection by Pedophiles - Canadian Dept of Justice


Seto, Michael C., Cantor, James M. and Blanchard, Ray, "Child Pornography Offenses Are a Valid Diagnostic Indicator of Pedophilia." Journal of Abnormal Psychology, Vol. 115, No. 3, 2006.

2. ' The negative effects of child pornography are readily apparent and often lead to molestation, additional exploitation, and other victimizing of children.'

Sex Crimes, Part 1: Child Pornography - LETN-164-0102

Law Enforcement Training Network: Dr. Tory J. Caeti, Ph.D.. 2009

3. Value of child pornography industry: child pornography a global, $20 billion-a-year criminal enterprise…'

InformationWeek 2006

4. Child Molesters: a behavioral analysis - Page 70. ( National Center for Missing & Exploited Children)