미국에서의 아동성범죄에 대한 형사법적 대응 :아동음란물의 규제입법 및 인터넷상 함정수사를 중심으로

Abstract

Some researches reported that child pornography was usually used in the sexual crimes, especially child sexual abuse. such pornographic material is used in difference way. some perpetrators used it to coerce children into submission, others to legitimate the act so that they see it as acceptable behaviour, and a third group was pornographic material in self-stimulation preceding sexual abuse. And that “The Act on the Protection of Children and juvenile”definite that child pornography is Real Child Pornography as well as Virtual Child Pornography, such as computer graphics or animation appear in the pornography. and that prohibits the production and distribution of child pornography, in addition the possession of the child pornography excepting the purpose of seducing the child to engage into sexual acts. Therefore, this article, in opinion from a criminal countermeasure against children sexual exploitation, studied the legislation on the Regulation of Child Pornography and the sting operations on the Internet in USA. and that intended to considerate it in Korea. “Prosecutorial Remedies and Oder Tools to end the Exploitation of Children Today Act of 2003 in USA” contains the provision to punish Any person who knowingly advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material is or contains - an absence visual depiction of a minor engaging in sexually explicit conduct; or a visual depiction of an actual minor engaging in sexually explicit conduct, shall be punished as provided in subsection. but this provision increases the possibility to lead the suppression of freedom of expression, and also should consider a problem on the action or start of the crime. The USA regulates an attempted crime of Child sex offense on the law dealing with Child sex offense and admits of the sting operations on the internet, and then obtains a good results for protecting child against child sex offenders. we need to introduce the sting operations on the internet against the child sex offenders.