NATIONAL 

CENTER FOR J~ 

CHILDREN ® 

O~Dp Of,,ce of Ju ven ileJ us tic e 

and Delinquency Prevention 

Office of Justice Programs • U.S. Department of Justice 

Prostitution of Children and 

Child-Sex Tourism: 

An Analysis of Domestic and 

International Responses 

O 

AMERICAN BAR ASSOCIATION Center on Children ..~l 

and the Law 

If you have issues viewing or accessing this file, please contact us at NCJRS.gov.

Prostitution of Children and Child-Sex Tourism: 

An Analysis of Domestic and International Responses 

RROP~ERC't' OF 

National Criminal Justic~ R~1e~enc~ 88~ic¢ ~CJR$} 

Box 6000 

Rockville, MD 20849-6000 

Eva J. Klain, JD 

American Bar Association Center on Children and the Law 

for the 

National Center for Missing & Exploited Children ® 

April 1999 

Copyright © 1999 National Center for Missing & Exploited Children. All rights reserved. 
Acknowledgments 

This publication would not have been possible without the support and assistance of many staff 

members of the American BarAssociation Center on Children and the Law. Diligent research 

and drafting by Katie Warwick Scrivner and meticulous citation and source checking by Deanna 

Peters added substantially to the final product. Thanks also to Janet Chiancone, Yolande Samerson, 

and Melissa Tidwell for their research support; Nefertari Johnson for her expertise on the statutory 

chart; and Howard Davidson for his review and comments. 

The comments of many outside reviewers, who graciously gave of their limited time to question 

assumptions and provide suggestions for revisions, strengthened the information found in this monograph. Daniel Arma'gh of the National Center for Prosecution of Child Abuse, Lieutenant Bill Walsh 

and Detective Joe Canibano of the Dallas (Texas) Police Department, Carol Smolenski of End Child 

Prostitution, Child Pornography and Trafficking of Children fbr Sexual Purposes-USA, and Laura 

Lederer of the Women and Public Policy Program at the Kennedy School of Government, Harvard 

University, contributed tremendously to this effort. 

The substantive assistance and support offered by John Rabun, Nancy Hammer, Ruben Rodriguez, 

and Terri Delaney of the National Center for Missing & Exploited Children (NCMEC) is gratefully 

acknowledged along with the editing assistance offered by NCMEC volunteers Sheila Chapman, 

Sue Carruthers, Catherine Delaney, and Suzanne Lappinl 

The National Center for Missing & Exploited Children (NCMEC) is the national clearinghouse and 

resource center funded under Cooperative Agreement 98-MC-CX-K002 from the Office of Juvenile 

Justice and Delinquency Prevention, Office of Justice Programs, US Department of Justice. 

Points of view or opinions in this work are those of the author and do not necessarily represent the 

official position or policies0fthe US Department 0f Justice nor the US Department of Treasury. 

National Center for Missing & Exploited Children ® is a registered service mark of the National Center 

for Missing & Exploited Children. 
Table of Contents 

Prostitution of Children in the United States... 1 

Nature and Scope of the Problem...2 

Precipitating Factors: Why Children Become Involved...3 

Running Away from Home...3 

Child Abuse and Neglect...3 

Psychological and Emotional Difficulties...4 

Modes of Entrance: How Children Become Involved in Prostitution...4 

Seasoning Techniques and Tactics of Power and Control...5 

Prostitution's Connection to Pornography...6 

Sex for Crack...6 

Gang Activity...6 

Consequences: What a Life In Prostitution Does to Children...6 

Victimization on the Streets: Beatings, Rape, and Murder...6 

Delinquency and Contact with the Juvenile-Justice System...7 

Health Concerns...7 

Psychological Disorders Including Depression and Risk of Suicide...8 

HIV Infection and Other Sexually-Transmitted Diseases...8 

Substance Abuse...9 

Legal Analysis...9 

State Law...9 

Definition of Prostitution...9 

Prostituted Children in the Juvenile Court... 10 

State Criminal Laws... 11 

Statutes Aimed at the Patrons of Prostituted Children... 11 

Statutes Aimed at Those Who Prostitute Children... 12 

Pimping... 12 

Pandering... 12 

Procuring, Compelling, Inducing Prostitution... 13 

Advancing or Profiting from Prostitution... 13 

Promoting, Managing, or Deriving Support 

from a Prostitution Enterprise... 13 

Soliciting for a Prostitute... 14 

Criminal Liability of Parents... 15 

Aiding and Abetting or Accomplice Liability... 16 

Attempted Crimes and Lesser Included Offenses... 16 

Multiple Charges... 16 

Age-Related Defenses... 17 

Prostituted Children as Witnesses... 17 

Sentencing... 18 

Forfeiture... 18 

Restitution... 18 

Federal Law... 19 

The Mann Act... 19 

Other Applicable Federal Statutes...21 

Related Pornography Offenses...22 

Racketeer Influenced and Corrupt Organizations Act (RICO)...23 

Sentencing...23 

Forfeiture...23 

Restitution...24 

Federal Statutes of Assistance to Parents of Missing Children...24 
The Law-Enforcement Response...24 

Barriers to Effective Intervention...24 

Effective Intervention Models...25 

Multij urisdictional Efforts...25 

Task Force...26 

Strike Force...26 

Network...27 

Multidisciplinary Efforts...28 

General Principles for Effective Intervention...28 

Policy and Practice Issues...29 

More Research on the Sexual Exploitation of Children...30 

Coordinated Multidisciplinary and Multijurisdictional Approaches...30 

Increased Social-Service Programs for At-Risk Youth...30 

Strategies to Meet Adolescents' Medical Needs...31 

Increased Outreach Efforts...31 

Child-Sex Tourism...32 

Overview of the Problem...32 

The Impact on Children...35 

The Causes...36 

Poverty and Other Economic Factors...36 

Military Presence...36 

Attitudes About HIV and Other Sexually-Transmitted Diseases...36 

Inadequate Laws and Enforcement...37 

The Sex Tourists...37 

Legal Analysis... 38 

International Treaties, Conventions, and Programs...38 

Treaties...38 

United Nations Charter-Based Mechanisms...39 

International Conventions and Covenants...39 

The UN Convention on the Rights of the Child...40 

First World Congress Against Commercial Sexual Exploitation of Children...40 

The World-Tourism Industry...41 

National Laws...42 

Legislative Initiatives by Destination Countries...43 

Legislative Initiatives by Sending Countries...43 

Suggested Elements...45 

Joint Law-Enforcement Efforts...47 

Policy and Practice Issues...48 

Cooperation Among Law-Enforcement Agencies...48 

Prevention, Rehabilitation, and Reintegration...48 

Conclusion...50 

Criminal Statutes Within the United States Addressing the Prostitution of Children...50 

International Treaties Addressing Prostitution and Trafficking of Women and Children...78 

Endnotes...82 

References... 101 

Resource Organizations That Address the Issue of Child Prostitution... 105 

North America... 105 

International... 107 
The sexual exploitation of children through prostitution is an insidious form of commercialized violence against the world's most vulnerable citizens.1 A childhood spent in 

prostitution can have serious, lifelong, even life-threatening consequences for the physical, psychological, spiritual, and social development of children. 2 The prostitution of 

children also presents substantial challenges to the justice and social-service systems 

charged with the responsibility of holding offenders accountable and treating children's 

present harm, while also preventing future exploitation. 

In the United States, law enforcement, prosecutors, and social-service providers 

face many obstacles in responding to this challenging problem. Some jurisdictions 

have, however, developed innovative programs and initiatives, based on multidisciplinary 

and multijurisdictional models, to address the sexual exploitation of youth living on the 

streets and provide the specialized services these children need. 

The United States is not alone in facing this challenge. Over the past decade, countries 

and intemational organizations around the world have also focused substantial attention on 

the destructive effects of child-sex tourism--travel to regions where child-abuse laws are 

weak or poorly enforced in an attempt to circumvent domestic prohibitions, or the opportunistic use of prostituted children while traveling in such regions. 

This monograph addresses both domestic and international responses to the prostitution of children within the United States and abroad. The first section describes the nature 

and scope of the problem in the United States, including why and how children become 

entangled in prostitution, and what the consequences can be for them. It then describes 

state and federal statutes and selected law-enforcement initiatives combating this form of 

sexual exploitation. The second section takes a broader look at the commercial-sexual 

exploitation of children through prostitution and child-sex tourism on a global level. Both 

sections highlight policy and practice issues regarding the legal system and social-service 

responses to prostituted children. 

Child-sexual exploitation in the United States takes many forms, and a number of approaches, 

both legal and social service, attempt to address and ameliorate its devastating effects. But 

the sexual exploitation of children through prostitution is perhaps one of the most complex 

and least understood forms of abuse. The children who become involved in prostitution have 

often suffered previous physical or sexual abuse and may be dealing with the attendant anger 

and low self-esteem. They may engage in delinquent or criminal activity, causing others to view 

them more as offenders than victims. And they very likely, and often with good reason, have a 

distrust of adults, even those who want to help them. 

Understanding the scope of sexual exploitation through prostitution--its incidence, dynamics, and consequences for children--is vital to establishing effective legal and social-service 

responses. Who are these children? How did they become involved with prostitution? What 

are the consequences for them both in the long and short term? 
I Nature and Scope of the Problem I 

In trying to understand the scope of the problem of youth who engage in prostitution, it is 

important to recognize that the otten hidden population of homeless and runaway youth-- 

from which many prostituted children are drawn--is difficult to study. 3 Data from service 

providers may reflect only a small segment of homeless youth, and the small sample sizes 

of some studies cannot be generalized to a larger population. 4 In addition, no reliable estimates 

of the number of children engaging in prostitution in the United States exist because no one has 

defined the concept in measurable terms, s Nevertheless, while caution regarding some statistics 

may be warranted, they provide an indication of the extent of the problem that is helpful to a 

basic understanding of the current situation. 

According to one US Department of Health and Human Services report, up to 300,000 

prostituted children may live on the streets in the United States. 6 Many are only 11 or 12 years 

old, and some are as young as 9. v The average age at which they enter prostitution is reported 

as 14, 8 and the median age of involved youth is 15.5 years. 9 These children come from inner 

cities, suburbs, and small towns, ~° and there appears to be an increase in recruitment of middleclass youth from schools and shopping malls in the suburbs. 11 

The vast majority of youth involved in prostitution are girls, ~2 although some service providers see an increase in the number of boys. Some attribute this to a greater willingness by the 

boys to disclose their sexual activities.~3 Larger cities are more likely to have a higher proportion 

of boys involved in prostitution; however, service providers in smaller cities report seeing an 

increase in prostitution activities. This possibly suggests a migration to smaller urban areas, 

an increase in visibility due to heightened awareness, or the greater willingness of boys to use 

services. 14 

Prostitution of children is closely tied to life on the streets. Many youth run away from 

difficult situations at home. They may become involved in prostitution through loneliness and 

emotional vulnerability as well as homelessness and the need to survive.~S The children's "young 

age, lack of education[,] and lack of the necessary street sense to survive alone ''16 contribute to 

their need to engage in "survival sex" or the exchange of sex for food, money, shelter, drugs, or 

protection that defines many of these young people's lives.17 With few marketable job skills for 

legitimate occupations, many turn to prostitution as a means of surviving on the streets. ~8 

The involvement of adolescents in prostitution activities can be viewed on a continuum, 

with the definition of prostitution as the provision of sexual activities for food, shelter, or money 

(survival sex) at one end and the provision of sexual activities for approval, attention, or affection at the other.~9 While money is often cited as a primary reason for engaging in prostitution, 

some youth report their involvement was an escape from family problems, a need to support 

a drug habit, or the result of a romantic relationship. 2° Even if children first begin to prostitute 

for money to survive, once in prostitution they may find themselves working to support a pimp 

rather than themselves. Young girls are especially vulnerable to pimps who befriend them and 

shower them with the attention and affection (although feigned) that they did not receive at 

home. 

The decision by children to engage in prostitution should be examined in the context of 

circumstances that isolate these youth from mainstream society and the developing pressures 

of life on the street when the social supports and safety net of family and community have 

failed them. 2~ 
Precipitating Factors: 

Why Children Become Involved 

Children may encounter numerous difficulties in their lives that make them more vulnerable to 

sexual exploitation through prostitution. Homelessness, poverty, and intolerance of their sexual 

orientation may all affect children who either are or have been prostituted. 22 General psychological and emotional problems, 23 housing instability, 24 substance abuse, educational and vocational 

failure, 25 and major problems at home 26 have all been cited as common precipitating factors in 

the lives of prostituted children. 

Running Away from Home 

Prostitution-involved children often have extensive runaway histories. They are much more likely 

to have histories of drag and alcohol abuse or to have contact with the juvenile-justice system. 27 

Many children who are prostituted are socially isolated and unsuccessful in school and with 

peers, and this often leads them to drop out of school. 28 They also experience more frequent 

school expulsions and discipline, resulting in lower levels of completed education. 29 Associated 

problems include parental harassment and fighting, 3° as well as parental drug and alcohol 

abuse. 31 This dysfunctional family life, combined with an unstructured and unsupervised 

childhood, 32 characterizes many of the lives of prostituted children and provides greater 

incentive for them to leave home. 

The National Incidence Studies on Missing, Runaway, and Thrownaway Children in 

America estimated that 446,700 children left home without permission and stayed away at 

least overnight in 1988. An additional 127,100 children, identified as "thrownaways," were 

either told directly to leave home, were away and the caretaker refused to allow them to 

return or made no effort to find the child, or were deserted or abandoned. 33 

Among runaway and homeless youth, up to one-third report engaging in street prostitution--or survival sex--to achieve the basic necessities of life. 34 Among prostitution-involved 

youth, up to 77 percent report running away at least once. 35 Surprisingly, one study showed 

that more than half of the interviewed prostitution-involved youth were living with their parents 

or families at the time of their most recent experience, and about 30 percent were living on the 

streets or in a shelter. 36 Others were staying with friends or in another unspecified arrangement. 

Other studies, however, show that prostitution-involved youth were less likely to live in a 

relative's home or shelter. If they were not on the streets, they were more likely to live with 

unrelated roommates, including other prostituted children or their pimps, who often demanded 

sexual favors in lieu of rent. 37 

Child Abuse and Neglect 

The homes children run away from are often marked by emotional, physical, or sexual abuse, 

neglect, 38 and regular violence between the parents. Sexual abuse has a significant impact on 

the probability that a runaway will become involved with prostitution. 39 Early childhood abuse 

or neglect is a strong predictor of prostitution for girls, although it does not seem to have the 

same impact on boys. 4° Sex abuse appears to indirectly increase the chance of prostitution by 

increasing the risk of running away4'--"It is not so much that sexual abuse leads to prostitution 

as it is that running away leads to prostitution. ''4z 
While a majority of girls who enter prostitution appear to have suffered prior childhood 

sexual abuse, not every child who suffers such abuse will become a runaway or prostituted 

child. But the sexual exploitation of children, combined with other family tensions or emotional 

deficiencies, increases the probability that an adolescent runaway will engage in prostitution. 43 

Psychological and Emotional Difficulties 

Whether caused by problems in the home, or some other contributing factor, girls often experience psychological and emotional difficulties before they enter prostitution. Many children who 

are later prostituted are socially isolated and become entangled in a delinquent lifestyle. 44 On the 

streets, these children seek the emotional attachments that they could not fred at home, making 

them vulnerable to those who would exploit them. In addition, fear of familial rejection or 

ostracism based on sexual orientation may increase the likelihood that a teenager will 

run away, thus increasing the likelihood that the child will engage in prostitution. 45 

Given all of these potential difficulties, it is not surprising that the vast majority of children 

who enter prostitution have low self-esteem and negative feelings about themselves just prior to 

doing so .46 In an attempt to escape circumstances that they consider unbearable, many youth, 

once on the street, land in situations that may equal or exceed the traumas they experienced in 

their homes. 

Modes of Entrance: 

How Children Become Involved in Prostitution 

Understanding the precipitating factors that make children vulnerable to prostitution does not 

fully explain how they actually get drawn into "the life." Several patterns emerge including peer 

exchange of information on how to make money to survive and even arrangement of sexual 

encounters by other youth, frequently other girls. 47 Not all youth become involved for the same 

reasons, and the reasons may vary by location and gender. Some youth engage in prostitution 

activity explicitly for money and operate independently of pimps. Others are chronic runaways, 

frequently with histories of delinquency. 48 One of the most common modes of entrance for 

young, vulnerable girls involves the search for love and acceptance on the streets. 

Often a pimp, or someone working for a pimp, will approach a young girl who looks 

vulnerable. Pimps and their procurers frequent areas where young kids hang out--shopping 

malls, video game arcades, or bus stations--and target isolated girls. 49 They look for young 

girls who are lonely or rebellious, with low self-esteem--girls who are likely to be without 

money or job skills. 5° They prey disproportionately on young runaways because the girls are 

naive and easy to control: 1 

The pimp's initial approach may be to just gather information about the girl's circumstances. 

The pimp will befriend her, sweet-talk her, and provide companionship and intimacy: z He may 

try to impress her with promises of money and a comfortable lifestyle. Runaways with problems 

at home are especially vulnerable to these tactics, because all they really want is to belong: 3 

The pimp makes the girl feel special and important, lavishing attention on her, buying her clothes 

and jewelry, and creating a facade of friendship and romance. 54 He may promise to marry her 

or make a lifetime commitment: 5 

The pimp may then initiate a sexual relationship with the girl, continuing to become the 

primary person in her life. This pretense of love lulls the girl into thinking theirs is a mutually 

developing relationship, making her emotionally and psychologically dependent on the pimp 

as a substitute for the family that abused her or turned her away. 56 
At this point the pimp may demand that she have sex with someone else, often a"friend" of 

the pimp, to prove her love for him. Next, she must have sex with a stranger for money. 57 Soon 

she finds herself prostituted as a condition of her love for him. The young girl, however, continues to think of the pimp as her boyfriend, and this perception of the relationship sustains the 

control and abuse. After creating this dependency, the pimp begins to dominate and become 

an integral part of her life. 58 

Seasoning Techniques and Tactics of Power and Control 

Once a girl has been"turned out," the pimp may "season" her for life as a prostitute with 

physical and verbal abuse. 59 Seasoning is meant to break her will and separate her from 

her previous life so that she does not know where to turn for help .6o He may change her 

identity and move her around because constant mobility breaks any personal ties she may 

have developed and ensures new ties are only temporary. 6L The demoralizing and dehumanizing 

experience of prostitution confirms the child's poor self-image and provides another tool for 

manipulation by the pimp. 6z 

The pimp may withhold love and affection, or use verbal abuse, fear, and violence to control 

her. 63 By that time, the girl is completely under his control. 

I was so much in love with him it really didn't matter as long as he was there .... 

When he told me he loved me I believed everything would work out all right. I had 

been alone for so long and he'd told me I'd be with him for the rest of my life. 64 

The pimp's relationship to the young girl closely parallels the dynamics of a battering relationship. 65 The pimp first isolates the girl from family and friends and minimizes the exploitative 

nature of prostitution. 66 He then uses threats and intimidation to control her. Such tactics invariably involve emotional, sexual, and physical abuse. He may beat her up or threaten to leave 

her. 67 The pimp creates an environment of total emotional deprivation. And most like a batterer, 

he uses random acts of violence to establish power. 68 

Physical abuse occurs in over half of pimp-prostitute relationships. 69 When violence is no 

longer effective in controlling the girl, the pimp may use drugs or threats against her family or 

friends. 7° If she becomes pregnant, the pimp uses the baby as leverage to manipulate her. 7L 

The prostituted child is expected to turn over all of her earnings to the pimp and is punished if 

she fails to do so. n Because the child becomes financially dependent on the pimp, 73 she must 

rely on him for all necessities, and this places her even more in his "debt. ''74 

Pimps control 80 to 95 percent of prostitution 75 and can be men or women. 76 Female 

pimps are ot~en former prostitutes who recruit younger girls to work for them. An overwhelming 

majority of prostituted adolescent girls have pimps, but only a minority of juvenile boys do. 77 

Boys are significantly more likely to have arranged their own encounters. TM 

A young girl may also have a tendency to deny she is controlled by a pimp and may very 

well consider the pimp to be her boyfriend. Also, once a girl is working for a pimp, he does 

not want to lose her as a source of income. If she wants to leave him, her new pimp often 

requires her to pay a fee ("choosing money") to ensure her safety, because her former pimp 

may use a"tracker" or bounty hunter to get her back. 79 
Prostitution's Connection to Pornography 

Forcing performance in pornography is another means by which pimps achieve control over the 

girls they prostitute. They may take photographs of the nude girl in the context of their relationship and then threaten to send them to the girl's family or school. 8° By learning about the girl's 

family and friends, the pimp gets her home address and other personal information, 8~ then 

blackmails her. Pimps also use the pornography to control and humiliate the girl and break 

her resistance. 82 Pornography is often used to normalize the practice of prostitution during 

the "seasoning" process by weakening the child's resistance. 83 

Pimps may also show pornographic pictures to advertise their women, while customers 

often want to take pictures for their later gratification. Customers may also use pornography 

to describe the sexual act they want and to rationalize their behavior and their demands of 

the child? 4 

Sex for Crack 

Given the high rate of substance abuse among runaway and homeless youth, the "sex for crack" 

phenomenon is not surprising, but the devastation it causes is considerable. The presence of 

crack in many poor urban neighborhoods has increased the amount of street-level prostitution. 85 

Crack houses are also centers for sex-for-drugs exchanges. The owner of a crack house may 

be a dealer or pimp who facilitates the sex-for-drugs exchange by which "the prostitute is a 

house girl who receives payment from the house man in the form of crack, room[,] and 

board."86 

Prostituted women and girls in crack houses are "little more than indentured servants, 

if not outright slaves. ''87 The description of one young victim seen in a crack house illustrates 

the devastation such exploitation can create: the house man gave an "emaciated, seeming 

comatose" child of 1 4 "food, a place to sleep, and all the crack she wanted in return for her 

providing sex--any type and amount of sex--to his crack-house customers. ''88 Some prostitutes describe crack as the new pimp, and younger girls who get crack from their pimps are 

seen as willing to do anything to feed their habits. 89 The addiction is sometimes encouraged 

by the pimp as a means of control over the girl. 9° 

Gang Activity 

With crack and other drugs comes gang activity, and gangs and criminal networks are becoming 

increasingly involved in the prostitution of youth. Like other illicit activities, the control of prostitution can be very profitable and therefore attractive to criminal networks and gangs. 

Consequences: 

What a Life In Prostitution Does to Children 

Victimization on the Streets: Beatings, Rape, and Murder 

Runaway adolescents are particularly vulnerable to criminal victimization. They stay on the 

streets at all hours of the night and engage in risky or delinquent behaviors. 9~ Their involvement 

in prostitution exposes these children to dangerous pimps and other exploiters, as well as 

dangerous situations and criminal activity. This increases their risk of victimization. 92 
Living on the streets also exposes children to greater danger of sexual victimization beyond 

exploitation through prostitution. Girls are much more likely to be sexually assaulted on the 

streets than boys. 93 For girls, simply spending time on the streets increases their chance of 

being victimized94--"[t]he children who have the most from which to run appear to be those 

who are also most at risk when they run.'95 

Not only are prostituted children in danger from street life and the pimps who prey 

on them, but the customers who purchase their sexual favors also pose great risks including 

forced perversion, rape, and physical abuse and beatings. 96 At least two-thirds are victimized 

by both customers and pimps97---violence from pimps tends to be more frequent, and violence 

by customers is more dangerous but sporadic. 98 Prostituted children are ot~en afraid to report 

these crimes to the police because they are embarrassed and fearful that the charges would 

not be taken seriously 99 or that they may be arrested themselves.~°° The children's lives may 

often also be in danger from murderers who target prostitutes. ~°! 

Delinquency and Contact with the Juvenile-Justice System 

Runaway and homeless adolescents seek to replace the love and affection they lost or never 

received from their families. Their own feelings of inferiority and insecurity often lead to development of a delinquent orientation. Many mistakenly see prostitution as a solution to their 

problems.~°2 The isolation and lack of positive social supports that start at a very young age 

for many of these children make them highly vulnerable to delinquency. ~03 

As noted earlier, early sexual abuse elevates the risk of running away and other forms of 

delinquent or criminal behavior. 1°4 Previously abused runaways are equally likely to shoplift 

or deal drugs as enter prostitution, t°5 suggesting that sexual abuse may indirectly affect a child's 

entrance into prostitution through involvement in other criminal activities. 106 

Sexually-abused girls who run away are significantly more likely than nonabused runaway 

girls to engage in delinquent or criminal activities including substance abuse, petty theft, and 

prostitution.~°7 A correlation between physical abuse and criminal activity also exists, suggesting 

dysfunctional parenting in general may lead to increased delinquent behavior and prostitution.t°8 

Health Concerns 

Involvement in prostitution by homeless youth places them at greater risk for a wide variety 

of medical problems and health-compromising behaviors including drug abuse, risk of suicide, 

and depression.~°9 Girls also experience a high rate of pregnancy, t~° Needs as basic as getting 

enough to eat and proper nutritional balance present challenges to homeless youth. They tend 

to obtain food randomly and sporadically, j~ The food they eat may be deficient in vital nutrients 

while flush with caffeine, fats, and carbohydrates. Furthermore, their use of alcohol, cigarettes, 

or drugs compromises their health---even more so when money that would otherwise be used 

for food is spent on drugs. Drug use, particularly marijuana, may stimulate appetite, causing the 

children to eat more junk food.~2 

The health-related choices of homeless youth can easily be undermined by the immediacy 

of their need for food, shelter, and relief from drug or alcohol dependencies. ~t3 Uninsured 

homeless adolescents involved in prostitution very often do not have access to the health 

services they need. Barriers to obtaining care include confidentiality issues, their status as 

minors, and a general distrust of adults and the institutions created to help them.~4 
! 

Psychological Disorders Including Depression and Risk of Suicide 

When compared with other homeless youth, teenagers involved in street sex are twice as likely 

to have a mental-health problem, thought disorder, or personality disorder. 115 Mental-health 

disorders can stem from many issues including the young girls' need to create different identities 

on the street. The girls assume various aliases to attract new customers and also as an attempt 

to avoid building long criminal records. This leads them to use distancing and dissociative 

behaviors as a survival technique. 116 Separated from friends, family, home, and "legitimate" 

society, they distance themselves from the prostitution act in the way many victims of incest 

report dissociating from the abuse.ll7 

Children on the streets are not only more likely to be clinically depressed, but they are also 

twice as likely to have a serious mental-health problem and almost twice as likely to be actively 

suicidal or to have previously attempted suicide.118 In one group of youth involved in prostitution, who were interviewed in shelters, 71 percent reported suicidal ideation, 33 percent had 

a lethal plan, and 1 4 percent reported a previous attempt at suicide.119 Many homeless and 

runaway street youth come from dysfunctional, abusive homes, and they may see suicide as 

a solution to their pain.12° 

HIV Infection and Other Sexually-Transmitted Diseases 

Runaway and homeless youth tend to initiate sexual activities at an early age, have multiple 

sexual partners, 121 participate in a variety of risky behaviors including prostitution, and practice 

safer-sex techniques less frequently.122 For these reasons, they are at high risk of contracting 

various sexually-transmitted diseases including human immunodeficiency virus (HIV). 

Involvement in prostitution and the greater likelihood of a gay or bisexual lifestyle, combined 

with a high level of multiple drug use, including intravenous drug use, places runaway street 

youth in the highest risk categories for contracting and transmitting HIM. 123 A substantial 

majority of all homeless youth--83.7 percent--engage in at least one acquired immune 

deficiency syndrome (AIDS) risk behavior.~Z4 Furthermore, youth who engage in homosexual 

sex with multiple, often anonymous partners are "in a high-risk subgroup among high-risk 

groups. ''~25 Studies show that many tend to minimizeor deny their involvement in these highrisk activities. While one-third of homeless adolescent boys in one study reported involvement 

in prostitution, their responses to questions regarding sexual behaviors and number of partners 

indicated this figure underestimated how many were actually involved in the exchange of sex for 

money, drugs, food, or shelter. 126 

For young girls involved in prostitution, client resistance presents the greatest obstacle 

to practicing safer sex. The children's youth limits their capacity to manage potentially violent 

situations or the risk of sexually-transmitted diseases. Young girls are often"disturbingly passive 

in negotiating the sexual encounter. ''~/v In addition to increased risk of HIV and other sexuallytransmitted diseases, prostitution-involved girls tend to suffer more from pelvic inflammatory 

disease and other infectious diseases.lZ8 They may be more likely to have multiple sexual 

partners, either sequential or concurrent, and they may have partners who are themselves 

at higher risk. As adolescents they may also have an increased physiological susceptibility 

to infection. 129 
Substance Abuse 

Many prostituted children have substance-abuse problems. While almost all admit to using 

drugs or alcohol, 13° more than three-quarters are diagnosed as abusing such substances.131 

The most commonly used drugs are alcohol and marijuana, although smaller numbers are 

frequent users of cocaine, amphetamines, crack, and heroin, and some use inhalants or 

lysergic acid diethylamide (LSD).132 The high rate of substance abuse also poses additional 

problems, specifically its effect on judgment with respect to high-risk sexual contact. 133 

In 1994 the California legislature, in establishing an outreach program for substance-abusing 

homeless youth, found that 

• In 1989, the County of Los Angeles calculated that out of all runaway youths seeking 

medical assistance, 75 percent of those engaged in prostitution had a substance-abuse 

problem compared to 36 percent of those not engaged in prostitution. 

• Sixty-three percent of those juvenile prostitutes with substance-abuse problems do not 

believe that they have a substance-abuse problem. As a result, they do not seek help. 

For this reason, an outreach program is vital to ensure that these youths are treated for 

substance-abuse problems. 

• Juvenile prostitutes not only have higher rates of alcohol and drug abuse, but also have a 

higher rate of suicide, criminal activity, HIV infection, and mental-health disorders. Juvenile 

prostitutes also have the lowest rate of successful reunification with their families.134 

The existence of a drug culture in street life is truly a double-edged sword. Being sexually 

exploited through prostitution may result in a higher risk of substance abuse, and abusing 

substances places children and adolescents at higher risk for prostitution. 

I Legal Analysis[ 

How does the legal system address the problem of children engaging in prostitution? The section 

below discusses the various state and federal statutes designed to combat this challenging issue 

through the criminal-justice system. It also describes promising law-enforcement approaches 

and sets forth some general principles of successful programs. The legal analysis does not 

address the theories behind regulation, decriminalization, or prohibition of prostitution.135 

Under any of these systems, the prostitution of children should and would remain illegal. 

This section therefore focuses on what the laws currently are and how they are applied. 

State Law 

Definition of Prostitution 

Although state definitions vary, prostitution is generally defined as performing, offering, or 

agreeing to perform any act of sexual penetration as defined by state statute or any touching 

or fondling of the sex organs of one person by another person, for any money, property, token, 

object, or article or anything of value, for the purpose of sexual arousal or gratification.~36 

Under some more general definitions of the prostitution of children, such as that used by 

the United Nations ("the act of engaging or offering the services of a child to perform sexual 

acts for money or other consideration"), prostitution is not committed by the child, but by the 
person who purchases the sexual services of the child. 137 This definition, however, may not 

be sufficiently broad enough to bring the full weight of the criminal-justice system to bear 

on the acts of pimps, procurers, and traffickers. 

The definition is significant because so many prostituted youth engage in survival sex and 

often exchange sexual activities for things other than money--especially food, shelter, drugs, 

or clothing. While this may bring the children within the jurisdiction of the criminal-justice 

system, it is necessary to establish that the children fall under the statutory definition in order 

to successfully prosecute pimps and others for violations such as pandering, soliciting, or 

promoting prostitution. 

One state, Colorado, also differentiates between "prostitution by a child" and "prostitution 

of a child?' Prostitution by a child means the child performing or offering or agreeing to perform 

sexual acts, or any person performing or offering or agreeing to perform such acts with a child, 

in exchange for money or something of value. 138 Prostitution of a child means inducing a child to 

perform sexual acts by coercion, threat, or intimidation or inducing the child to allow others to 

perform such acts) 39 Most states, however, do not make such distinctions. 

Prostituted Children in the Juvenile Court 

What should be the state's response to children arrested or detained for prostitution? Should 

prostituted children--the victims of sexual exploitation by adults--be treated as offenders? 

These questions raise the dilemma of the dual status of these children as both offenders and 

victims and how best to meet their special needs through services addressing the physical, 

medical, or psychological results of their victimization.t4° 

There were an estimated 1,300 juveniles arrested for prostitution in 1995, TM although 

this number does not encompass adolescents who may have been detained or sent into the 

juvenile-dependency system. While juveniles are generally arrested for prostitution under the 

same statutes that apply to adult prostitutes, ~42 their sentences are more likely to involve commitment to a state agency. And many of these children already have extensive histories with 

child-welfare agencies, out-of-home care, treatment programs, or the juvenile-justice system.143 

In a study of the criminal-justice-system response to child-sexual exploitation, most police 

departments arrested or detained juveniles for prostitution activity; however, only one-third 

limited their intervention to traditional arrest. The remainder offered non-punitive measures 

including diversion to services, remand to juvenile authorities, and release to parents. Most of 

these law-enforcement agencies worked with shelters or outreach programs serving runaway 

or homeless youth in their communities.l*~ 

Many law-enforcement officers view arrest as the only leverage they have to help the 

children out of their exploitative circumstances. In some police departments, arrest is seen 

as an effective tool to obtain needed services for youth involved in prostitution.145 Often the 

child is at fin-st reluctant to leave her pimp, and justice-system intervention separates her from 

his influence and allows her to receive the services she needs. 

The jurisdiction of the juvenile or family court is often invoked to facilitate provision of such 

services and remove children from the streets. In one case involving a 13-year-old girl with 1 4 

previous convictions related to prostitution, a New York family court rued its inability under the 

delinquency statute to intervene on her behalf. Without the ability of the court to hold the girl, 

she fled and could not be found. The court criticized a statutory framework that "empowers 

cynical pimps to exploit children knowing that they will not be removed from the streets because 

the [f]amily [c]ourt lacks jurisdiction? '~46 
More attention needs to be focused on determining whether arresting or detaining adolescent prostitutes assists in helping them leave prostitution and escape their pimps. Are the juvenile 

courts best able to provide the needed services, or does arrest create an adversarial rather than 

rehabilitative relationship with the court system? Identifying prostituted children as offenders 

rather than victims or children in need of assistance may limit their ability to take advantage 

of criminal, court-based victim services, and some shelters refuse to accept children with 

pending criminal charges. Other shelters or child-protective services may be reluctant or lack 

the resources to work with older youth, leaving these children without the services they need.147 

The justice system needs to devise an approach that ensures adequate services are available 

through whichever avenue is most appropriate. 

State Criminal Laws 148 

In addition to laws against prostitution itself, virtually all states have specific statutes that address 

the criminal behavior of adults in prostituting children. Tennessee is the only state that does not 

have any special provisions in its criminal statutes that differentiate based on the minor status 

ofthe prostitute, although it does address the prostitution of children in its juvenile code] 49 

The remaining states' statutory schemes vary considerably. A few address patrons of prostituted 

children, but the vast majority do not. Most cover pimping and procuring activities but break 

down the conduct into separate statutes. The analysis below is intended to describe how states 

have organized the criminal law around the special circumstances of prostituted children. 

Statutes Aimed at the Patrons of Prostituted Children As mentioned before, the 

vast majority of states do not have specific crimes for patronizing a prostituted child, but rather 

their general "patronizing prostitution" statutes should apply regardless of the age of the prostitute. For example, Tennessee's statute sets out the definition of patronizing a prostitute as 

"soliciting or hiring another person with the intent that [the] other person engage in prostitution, 

or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity."lS° The grade of the patronizing offense in most states is generally a misdemeanor and 

carries only minimal penalties. 

Several states, however, have specifically identified the patronizing of an underage prostitute 

as a separate offense, t sJ Colorado's "patronizing a prostituted child" statute prohibits engaging 

in an act of prostitution by or of a child or entering or remaining in a house of prostitution 

with the intent to engage in an act of prostitution of or by a child who is younger than the 

age of 1 8.~52 New York has three "patronizing" statutes that increase in grade according 

to the child's age. Patronizing a prostituted child who is younger than 1 7 years of age is 

a class A misdemeanor, ~3 patronizing a prostituted child who is younger than 1 4 is a class 

E felony, 154 and patronizing a prostituted child who is younger than 1 1 is a class D felony. Is5 

New York's statute also requires at least four years age difference between the patron 

and the prostituted child. Thus, for a person to be charged under these statutes, the person 

who patronizes a prostituted child who is younger than 1 7 years of age must be at least 2 1 

years old, and the patron of a prostituted child who is younger than 1 4 must be at least 1 7. 

Anyone who patronizes a prostituted child who is younger than 1 1 may be charged. 

The child's age that triggers a particular statute is important. Most states protect children 

who are younger than 1 8,~56 and some also raise offense grades and penalties for younger 

children.157 Seven states only protect children who are younger than 1 7, ~58 while 1 4 states 
only protect children who are younger than 1 6.159 Mississippi's prohibition against enticing 

a child into prostitution only protects children who are younger than 1 4.16° Such distinctions 

are important because statutory rape statutes could also be applied to patrons; however, 

the age of consent in statutory rape statutes varies, and it may be lower than that for 

patronizing a juvenile prostitute. 161 

Some advocates suggest that the age of protection should be raised to 2 1 because even 

persons 1 8 years of age and older lack the maturity to extricate themselves from street life and 

face substantial challenges in finding alternative employment. 162 At least part of Louisiana's 

approach responds to this need--its "enticing persons into prostitution" statute applies to any 

person older than 1 7 years of age who entices, places, persuades, encourages, or causes 

someone who is younger than 2 1 to enter prostitution.163 

Statutes Aimed at Those Who Prostitute Children Several offenses are aimed at 

those who prostitute children, profit from or promote their prostitution, or operate or manage 

prostitution enterprises. These include pimping; pandering; procuring, compelling, or inducing 

prostitution; promoting prostitution; advancing, profiting, or deriving support from prostitution; 

and soliciting. Each state's terminology varies according to its statutory scheme, but most are 

aimed at pimping activities. 

Pimping. Only four states specifically address the pimping of children as prostitutes-- 

California, Colorado, Illinois, and West Virginia. 164 Colorado's statute applies to anyone 

who "knowingly lives on or is supported or maintained in whole or in part by money or any 

other thing of value earned, received, procured[,] or realized by a child [who is younger than] 

1 8 through prostitution. ''165 The Illinois statute applies to anyone who "receives money, property, 

token, object[,] or article or anything of value from a prostitute [who is younger than] 1 6 years 

of age knowing it was earned in whole or part from prostitution. ''166 These statutes basically 

cover activities related to deriving support from prostitution. Other states may cover this 

activity under separate statutes described below. 

Pandering. Pandering is a related crime to pimping but encompasses additional activities 

such as causing a minor to become a prostitute. Iowa does not have a pimping offense, but 

the pandering statute applies to anyone who "persuades, arranges, coerces[,] or otherwise 

causes a minor to become a prostitute or return to the practice of prostitution, or keeps or 

maintains premises for the purpose of prostitution of minors or knowingly shares in the income 

from such premises. ''167 

For a defendant to be convicted of causing prostitution, or pandering, he does not have to 

receive money or something of value for the minor's prostitution activities. In State v. Steer, 168 

the court held that the provision requiring consideration was limited to the person engaged in 

the proscribed sexual conduct, not to the person who causes another to engage in prostitution. 

Other courts have also applied a broad definition of pandering statutes. The court in People 

v. Bell found the statute broad enough to cover situations in which one adult offers money to 

another to induce a child to engage in sexual activities. 169 It also found that such a broad interpretation "clearly promotes" the statute's goal to "discourage prostitution by discouraging 

persons other than the prostitute from augmenting and expanding a prostitute's operation 

or increasing the supply of available prostitutes. ''7° 
Procuring, Compelling, Inducing Prostitution. As with pandering, this category of offenses 

focuses on the process by which children are brought into prostitution. Statutes often include 

procuring,171 compelling, 172 or inducing 173 language, and may include several different means 

of bringing a child into prostitution. Colorado prohibits the procurement of a child (i.e., intentionally giving, transporting, providing, or making a child who is younger than 1 8 available, 

or offering to do so, to another person for the purpose of prostitution of the child). 174 Colorado 

also has a separate offense for inducing a child by word or action to engage in prostitution.175 

Oregon prohibits compelling prostitution (i.e., knowingly inducing or causing a person who 

is younger than 1 8 to engage in prostitution). 176 The state's courts have found that the minor's 

acquiescence in the prostitution is not a defense to compelling prostitution, stating that the 

purpose of the statutes is to protect "minors from the harmful, cumulative effects of a life of 

prostitution" based on the "legislature's recognition that involvement in prostitution at an early 

age makes reform and rehabilitation more difficult. ''177 A person who provides the opportunity 

for a minor to engage in prostitution and influences, persuades, or prevails upon her to do so 

has "induced or caused" her prostitution, regardless of her consent.~78 

Advancing or Profiting from Prostitution. Advancing or profiting from prostitution offenses 

often encompass some of the activities identified as inducing, procuring, or compelling. They 

may also include managerial or operational aspects ofnmning a prostitution enterprise. Under 

Alabama law, a person advances prostitution if he or she 

knowingly causes or aids a person to commit or engage in prostitution, procures 

or solicits patrons for prostitution, provides persons or premises for prostitution 

purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise. 179 

Profiting-from-prostitution offenses generally focus on a pecuniary benefit from the prostitution activities. A person profits from prostitution if he or she 

accepts or receives money or other property pursuant to a prior agreement with 

any person whereby he [or she] participates or is to participate in the proceeds of 

prostitution activity.tS° 

As with "patronizing" statutes, the grade of the offense generally increases according 

to the age of the child. Advancing and profiting from prostitution are often elements of what 

some states categorize as promoting prostitution.~St 

Promoting, Managing, or Deriving Support from a Prostitution Enterprise. Promoting 

prostitution is perhaps the most common nomenclature among the states for addressing the 

business aspects of prostitution. 182 A promoting offense may cover only enticing or compelling 

a person to become a prostitute, ~83 or it may include an extensive list of prohibited activities. 

Kansas has a detailed "promoting prostitution" statute that prohibits 

• Establishing, owning, maintaining or managing a house of prostitution, or participating in the 

establishment, ownership, maintenance, or management thereof 
• Permitting any place partially or wholly owned or controlled by the defendant to be used as a 

house of prostitution 

• Procuring a prostitute for a house of prostitution 

• Inducing another to become a prostitute 

• Soliciting a patron for a prostitute or for a house of prostitution 

• Procuring a prostitute for a patron 

• Procuring transportation for, paying for the transportation of, or transporting a person within 

this state with the intention of assisting or promoting that person's engaging in prostitution or 

• Being employed to perform any act which is prohibited by this section 184 

The Kansas statute is comprehensive and includes activities that may be covered under 

different sections in other states' laws. It illustrates how "promoting prostitution" often serves 

as a "catch-all" for the supportive, business-related activities that enable pimps to operate 

their enterprises. Of particular note are the first two provisions aimed at those who profit 

from prostitution without getting directly involved in the operational aspects and only derive 

pecuniary benefit from renting, owning, or leasing out the premises. Provisions such as the last 

one can be applied to "runners" or others who are hired to perform tasks on behalf of the pimp. 

Promoting prostitution also often includes advancing and profiting from prostitution,~85 as 

well as more specifics about how the person advanced or profited--for instance, "by managing, 

supervising, controlling[,] or owning a house of prostitution by two or more prostitutes. ''186 

Evidence that a defendant maintained a place of prostitution and received earnings from a 

prostitute directly proves the crime of promoting prostitution.~87 

In State v. Modest, Is8 the court upheld the conviction of a defendant who directed a 

prostitution ring from jail based on evidence that he frequently called on the telephone and 

directed the nmning of the prostitution ring by ordering the young prostitutes to go to the mall 

and recruit more young women and directing them to charge certain fees for certain acts. He 

also directed the amount of money to be deposited into his jail account. The court stated that 

one can promote the commission of a crime without being physically present.189 

The states frequently differentiate between promoting prostitution in the first or second 

degree. Often, the difference will be in the age of the child. In Delaware, for example, promoting 

prostitution in the second degree includes knowingly advancing from the prostitution of a person 

who is younger than 1 8 years of age) 9° A first degree offense involves promoting prostitution of 

a person who is younger than 1 6 years of age.191 

Soliciting for a Prostitute. Solicitation offenses can be separated into three categories. 

• Solicitation of a child to become a prostitute 

• Soliciting patrons for a prostituted child or 

• Soliciting a child to perform sexual acts with that person 

The first, solicitation of a child, covers someone who "intentionally solicits or causes a child 

to practice prostitution or establishes a child in a place of prostitution. ''19z 

The second type--soliciting patrons for a prostituted child--is the most common of the 

three statutory approaches to solicitation. 193 It often falls under a "promoting or advancing 

prostitution"194 or "pimping"~95 statute and may include "soliciting another for the purpose 

of prostitution of or by a child ''t96 and "soliciting for a juvenile prostitute. ''197 Courts have 
distinguished soliciting on behalf of a juvenile prostitute from the first type of solicitation of 

the child herself. Under some statutory schemes this would fall under"pandering. ''198 For 

example, the court in People v. Harris 199 ruled that the offense of soliciting for a juvenile 

prostitute does not cover the defendant's solicitation or recruitment of a child into prostitution. 

This second type of solicitation is ot~en aimed at the "runner" or"middleman" who procures 

customers to patronize a prostituted child. The official committee comments accompanying 

Illinois' "soliciting for a juvenile prostitute" statute state 

The section.., is broadly drafted to insure coverage of all acts by the 'runner' or 

the 'middleman' in arranging business for a working prostitute .... Subsection 

(a)(1)... envisions one who actively seeks out customers for the prostitute, those 

who initiate the suggestions to the prospective patron .... The following two 

subsections then expand the concept of solicitation to include the essential activities of a middleman who might not initiate the suggestion--but whose participation 

in arranging the activity is such as to be vital to the engagement .... Subsections 

(a)(2) and (a)(3) do not impose an active duty upon cabdrivers, bellhops, elevator 

operators, hotel clerks[,] and the like to suppress the practice of prostitution--but 

it does impose upon them a duty not to cooperate either actively or passively in 

the practice of the trade beyond the lawful duties imposed by their employment, z°° 

The comments go on to state that "[t]he middleman who has only a casual connection with 

the trade is nevertheless essential to its successful operations in many quarters. Thus, effective 

control of prostitution requires concern beyond the traditional public nuisance concept of the 

common law to deter passive cooperation by persons who have, perhaps only an indirect 

connection with the trade."2°l 

The third type of solicitation offense addresses the patron who solicits a child to perform a 

sexual act with him- or herself. 2°2 The court in People v. Emerterio 2°3 rejected the defendant's 

argument that a person who seeks a sexual act cannot be guilty of solicitation for prostitution. 

The court stated that the focus of the crime is the initial solicitation, not the ultimate sexual act 

that might occur. This type of statute may also apply to a defendant who solicits a third party 

to procure a child to engage in sexual activity with the defendant. TM 

Otherwise, patrons are often exempt from "advancing, ''2°5 "promoting, ''2°6 and other types 

of solicitation offenses. 2°7 For instance, Minnesota's statute prohibiting receipt of profit from 

prostitution or the promotion of prostitution applies only to those who receive profit "while 

acting other than as a prostitute or patron. ''2°8 

Those who solicit children to engage in sexual acts with themselves or others, including 

patrons, pimps, or procurers, may also be subject to child enticement laws criminalizing the 

act of enticing, soliciting, or luring a child to commit unlawful sexual intercourse or other prohibited sexual acts. ~°9 

Criminal Liability of Parents. Several states have passed statutes that include criminal liability 

of parents for permitting their own children to engage in prostitution or failing to take reasonable 

steps to prevent them from doing so. 2~° Louisiana holds parents or tutors liable for knowingly 

consenting to the entrance or detention of their children in prostitution. 2~ Montana also holds 

parents liable for promoting the prostitution of their own children or wards? '2 While these states 
choose to specifically assert the liability of parents, there is nothing in the other states' statutes 

to prevent enforcement of other prostitution laws against parents. 

Minnesota has also tied its criminal statute to a parent's right to custody of his or her own 

child. Ifa parent in Minnesota is convicted of promoting or profiting from prostitution of a minor 

and has custody of or visitation rights with a child, the sentencing court must refer the case to 

the appropriate family court, where action will be taken including the granting of temporary 

custody to the noncustodial parent or suspension of visitation rights. 2~3 The defendant has the 

burden of proving that continued custody or visitation is in the best interest of the child. This 

statute applies regardless of whether the victim was the defendant's child, but if the victim was 

a family or household member, the defendant must prove continued custody or visitation would 

be in the child's best interests by clear and convincing evidence. 2~4 

Aiding and Abetting or Accomplice Liability. Charges of aiding or abetting or being an 

accomplice to a crime are also available to law enforcement. Presumably in an attempt to 

capture all the criminal activities engaged in by pimps and their middlemen or runners, several 

state statutes are broad enough to cover a variety of activities that support or "promote" prostitution. Some states have included "aiding and abetting" or "assisting" language in their statutes. 

The Massachusetts statute, for instance, applies to an individual who "knowingly aids or assists" 

in the inducement of a minor into prostitution. 21s Oklahoma prohibits aiding and abetting or 

participating in the solicitation or procurement of a minor, 216 while Maryland holds liable accessories to the abduction, enticement, or secretion of a child for the purpose of prostitution. 2~v 

In addition, a person Can be charged as an accomplice if he or she knowingly participates 

in a crime. Accomplice liability requires only a state of knowledge rather than intent to commit 

the crime, but it requires a completed crime rather than just a substantial step toward commission 

of the crime. A defendant can therefore be convicted as an accomplice in the promotion of 

prostitution if he solicited, commanded, or encouraged another to commit the crime. 2~8 

Attempted Crimes and Lesser Included Offenses Some states, such as California, 

include "attempting to procure" or similar provisions in their statutory language. 219 Defendants, 

however, can be charged with attempted crimes regardless of whether they are expressly stated 

in the statute. For instance, the crime of attempting to induce child prostitution is a lesser included offense of the crime of inducing child prostitution. 22° An attempt merely requires some 

overt action beyond preparation. 22~ 

Multiple Charges Several offenses may apply to a single defendant, depending on the nature 

of his or her activities. Whether multiple charges should be filed depends on whether the same 

body of evidence supports both charges. For instance, managing a prostitution business involves 

the element of management and requires proof of an enterprise, neither of which is required to 

prove a charge of inducing a minor to engage in prostitution. When the defendant's intent and 

conduct differ on the two charges, bringing both does not violate constitutional prohibitions 

against double jeopardy. 222 

Likewise, the court in State v. Funches 223 held that a charge of compelling a victim to 

live in a brothel, combined with a charge of receiving earnings from the prostituted child, is 

not necessarily duplicative. The court found that the gravamen of the offense of compelling 

prostitution is the placing of a minor in a prostitution-inducing situation, while that of accepting 
earnings from her prostitution is the accepting of the earnings, unrelated to compelling the child 

to prostitute. 

If the same evidence is used to prove two separate charges, however, the prosecution may 

be forced to elect on which charge the defendant should be tried. This situation seems to arise 

when both promoting and compelling prostitution are charged and the evidence that supports 

one charge is just part of the larger body of evidence supporting the other. 224 

Age-Related Defenses In addition to affecting the grade of the offense charged, the 

child's age also becomes significant when a defendant asserts that he did not know the child 

was a minor. A "mistake of age" defense relies on whether the defendant knew or had reason 

to know the child was under the prescribed age in the statute. The prosecution must prove the 

defendant knew the child's age when the modifier "knowingly" is included in the statute and 

refers to all elements of the offense. 225 

In Commonwealth v. Baker, 226 however, the court found that the prosecution did not need 

to offer evidence that the defendant knew or should have known the age of the child because 

the defendant must have known it was a criminal offense to live offthe earnings of a prostitute 

regardless of her age, and the prosecution has not been required to offer evidence of the 

victim's age in other sex offenses against minors. 

For the states that mention a mistake-of-age defense in their statutes, they are split between 

providing such a defense and precluding it altogether. A typical mistake-of-age defense is 

set out in New York's statutes against "patronizing a prostitute." It states, "[i]n any prosecution 

for patronizing a prostitute in the first, second[,] or third degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was [younger] than the age 

specified. ''227 Illinois provides an affirmative defense to the charges of soliciting for a juvenile 

prostitute or keeping a place ofjuvenile prostitution and juvenile pimping that the "accused 

reasonably believed the person was of the age of 1 6 years or [older]."228 An affirmative defense 

requires the defendant to assert the defense in pleadings. 229 

Other states, however, expressly preclude mistake-of-age defenses, creating strict liability 

as to that element of the offense. 23° Colorado passed a specific section titled "criminality 

of conduct" that states, "[i]n any criminal proceeding under sections [related to prostitution 

of children], it shall be no defense that the defendant did not know the child's age or that he 

reasonably believed the child to be [ 1 8] years of age or older. ''23~ At least seven states have 

joined Colorado in precluding a mistake-of-age defense to charges of compelling, promoting, 

profiting from, and other related prostitution offenses involving children. 232 

Prostituted Children as Witnesses One possible obstacle to prosecution is that the 

child victims are often reluctant to come forward out of fear they will be harmed by the offender 

or that, due to their juvenile record, their charges will not be believed. 233 Their experience with 

the justice system, especially law enforcement, has not always been positive. 

As victims, prostituted youth can be noncompliant and uncooperative, and they are often 

unwilling to use services or actively assist with the investigation or prosecution? 34 They tend 

to be streetwise and resistant to adult interventions, and they are distrustful of adults, even those 

who desire to help them. Furthermore, many young girls genuinely desire to protect their pimp 

and may view him as a boyfriend. The past life choices of children who have been involved in 

prostitution, and their possible criminal records, may make judges and juries less likely to consider them credible witnesses or victims. 235 
In some cases, prosecutors may be able to use rape-shield statutes to prevent the defense 

from using a child's previous sexual exploitation, or prostitution, from being used to undermine 

the victim's credibility. Rape-shield statutes are designed to limit questioning about a victim's 

past sexual behavior. The federal rape-shield statute, found in Federal Rule of Evidence 4 1 2, 

states that evidence offered to prove a victim engaged in "other sexual behavior" or to prove 

an alleged victim's sexual predisposition is generally inadmissible except under certain circumstances. 236 In addition, character witnesses testifying about reputation or opinion about the 

victim's sexual behavior is always excluded. 237 Many state versions of the rape-shield statute 

are similar. 238 

Unfortunately, at least one state continues to require corroborating evidence supporting 

the testimony of a victim who is younger than 1 8 who has been"inveigled, enticed[,] or taken 

away" for the purpose of prostitution. 239 But, with appropriate intervention by skilled professionals and specially trained interviewers, prostituted children can be credible witnesses in court. 

To protect the victim from the offender, prosecutors should also consider asking the court 

to restrict the defendant's contact with the victim as a condition ofpre-trial release or as a 

condition of probation at the sentencing phase. 24° Minnesota has implemented an innovative 

civil-protection statute aimed at safeguarding prostituted children from their pimps and procurers. The state has authorized parents to seek an order of protection on behalf of their children 

when they "know or have reason to believe that a person.., is inducing, coercing, soliciting, 

or promoting the prostitution of the parent or guardian's minor child, or is offering or providing 

food, shelter, or other subsistence for the purpose of enabling the.., child to engage in prostitution. ''24~ The court may order the respondent to return the child to the parent's residence or to 

cease and desist from committing further acts promoting the child's prostitution. 

Sentencing As mentioned earlier, many states increase the grade or degree of the offense 

as the involved child's age decreases (i.e., the younger the child, the greater the offense). While 

"patronizing" statutes are generally considered misdemeanors, many states increase the grade 

of the offense when a child is involved. 242 Charging higher grade offenses increases the available 

sentence. 

Sentencing issues that arise after conviction include calculating offender scores under state 

sentencing guidelines and whether separate offenses were part of the same criminal conduct. 243 

The court also needs to determine whether aggravating factors such as multiple victims or the 

young age and vulnerability of the victims apply7 44 Defendants convicted of prostitution offenses 

against children also may be subject to sex-offender registration or community-notification 

laws. 245 

Forfeiture Prosecutors should look at state forfeiture statutes allowing seizure of property-- 

such as vehicles, houses, or buildings--used in criminal activities, especially for cases involving 

owning, managing, or permitting the use of premises for the purpose of prostitution. At least one 

state expressly subjects convicted defendants to forfeiture provisions under its prostitution 

statutes; 246 however, general forfeiture statutes may apply. 

Restitution Restitution to the victim is often part of sentencing. Prosecutors can recommend 

that the defendant, as part of the sentence, pay the victim's medical or counseling expenses. 247 

Victims also should be encouraged to take advantage of victim-assistance services available 

through the court. And where applicable, they should be made aware of civil causes of action 

that they can file to recover for damages suffered as a result of their victimization. For instance, 
Georgia has a statute establishing a cause of action for childhood sexual abuse suffered as a 

result of acts committed by the defendant relating to pandering and pandering by compulsion. 248 

Federal Law 

In addition to state criminal laws directed at the prostitution of children, several federal 

statutes address child-sexual exploitation. In order for these statutes to apply, the conduct 

must fall under federal jurisdiction. This includes interstate or foreign commerce, conduct in 

any territory or possession of the United States, and other categories such as the special maritime jurisdiction of the United States. As a result of this limited federal jurisdiction, there are 

fewer federal cases prosecuted than in the states; however, the federal crimes can carry greater 

penalties, and law enforcement should work collaboratively with federal officials when charges 

under both state and federal statutes may be possible. 

The Mann Act 

The antecedent to the group of federal statutes addressing child-sexual exploitation through 

prostitution is the White-Slave Traffic Act, known as the Mann Act. It was implemented in 

1 9 10 to fight forced prostitution and the sale of girls and women into prostitution) 49 The Mann 

Act made transportation of any girl or woman across state lines for prostitution or"any immoral 

practice" a federal crime, along with persuading, inducing, or coercing a woman to make such 

a trip using a "common carrier" or transporting a girl who is younger than 1 8 for prostitution or 

"immoral practice." 

Congress substantially revised the Mann Act in 19862s° by making the Mann Act genderneutral and clarifying the statute's coverage by changing "immoral practice" to "any sexual 

activity for which any person can be charged with a criminal offense." The 1986 revisions also 

removed the requirement that transportation of a minor be for a "commercial" motive. This 

allows for prosecution of those who take minors across state lines for noncommercial but illegal 

sexual activity. More recently, the Protection of Children from Sexual Predators Act of 1998 

clarified some of the language, added attempt provisions, and increased penalties under the 

Mann Act.25~ 

The first statute under the Mann Act, Section 2421, prohibits the transportation of an 

individual in interstate or foreign commerce, or an attempt to do so, with the intent such individual engage in prostitution or in any sexual activity for which any person can be charged 

with a criminal offenseY 2 While this section can be invoked in cases involving minors, the 

more specific statute carries greater penalties--the possibility of 15 rather than 10 years 

imprisonment. 

The "coercion and enticement" section of the Mann Act, Section 2422, also prohibits the 

inducement, enticement, or coercion of any individual, or attempt to do so, to engage in prostitution or any criminal-sexual activity, and carries a penalty of up to 10 years. More specific 

to juvenile prostitution, Section 2422(b) prohibits the persuasion, inducement, enticement, 

or coercion of any individual who has not yet reached 18 years of age to engage in prostitution 

or criminal-sexual activity, or any attempt to do so, and carries a penalty of up to 15 years. 253 

The court in United States v. Kufrovich stated that because it is the use of the means of 

interstate commerce to persuade or attempt to persuade a minor to engage in criminal-sexual 

activity that is the crime, the sexual act need never actually have occurredY 4 

The most important section covering the prostitution of minors under the Mann Act is 

Section 2423, which prohibits 
(a) Transportation with intent to engage in criminal[-]sexual activity.--A person 

who knowingly transports an individual who has not attained the age of 18 years in 

interstate or foreign commerce, or in any commonwealth, territory[,] or possession of the United States, with intent that the individual engage in prostitution, or in 

any sexual activity for which any person can be charted with a criminal offense, or 

attempts to do so, shall be fined under this title, imprisoned not more than 15 

years, or both. 

(b) Travel with intent to engage in sexual act withjuvenile.--A person who travels 

in interstate commerce, or conspires to do so, or a United States citizen or an alien 

admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as 

defined in section 2246) with a person [who is younger than] 18 years of age that 

would be in violation of chapter 109A if the sexual act occurred in the special 

maritime and territorial jurisdiction of the United States shall be freed under this 

title, imprisoned not more than 15 years, or bothY 5 

The federal government can bring an action under Section 2423(a) When the offender 

knowingly transports a minor across state lines with the intent that the minor engage in prostitution. This section is important in combating pimps who bring girls across state lines, because 

pimps often do this in an attempt to break the girl's ties with family or friends or to find a more 

lucrative base of operations. The section does not, however, specifically prohibit pimps and 

procurers from traveling across state lines themselves in pursuit of their prostitution enterprises. 

Section 2423(b), however, punishes mere travel in interstate commerce, even if no transportation of a minor was involved, if the defendant traveled "for the purpose of engaging in 

any sexual act" with a minor. 256 Merely crossing state lines qualifies as interstate travelY 7 

While the right to interstate travel is well established, there is no fundamental right to travel 

for illicit purposesY 8 Patrons, therefore, are covered if they cross the state line for the purpose 

of engaging in prostitution with a minor, regardless of travel by the minor. While patrons 

cannot be implicated in the minor's interstate transportation unless they transport the child 

themselves, 259 they could be charged with conspiring or soliciting to transport the minor. The 

foreign travel component of this statute is discussed at greater length in the second section of 

this monograph. 

In addition, the Protection of Children from Sexual Predators Act of 1998 also added 

Section 2425 to Title 18 of the United State Code. 26° Section 2425 prohibits the use of interstate facilities, including mail or interstate or foreign commerce, to transmit certain information 

about a person who is younger than 16 years of age with the intent to entice, encourage, offer, 

or solicit any person to engage in criminal-sexual activity. A violation of this section carries a 

penalty of 5 years in prison, a fine, or both. Section 2425 may prove useful in fighting some 

of the activities that support interstate pimping enterprises. 

Challenges to prosecution under the Mann Act have focused on several issues including 

the defendant's intent to engage in sexual activity, the purpose of the interstate travel, and the 

defendant's knowledge of the minor victim's age. The Court in United States v. Brockdorff 

261 upheld the constitutionality of Section 2423(b), travel with intent to engage in a sexual act 

with a minor, finding that the statute is a valid exercise of Congress' power to regulate interstate 

commerce. The defendant need only cross state lines with the purpose of committing the 

illegal act; no overt act in furtherance of the intent is required. 262 
In addition, case law is well settled that engaging in sexual activity or prostitution need not 

be the "dominant" purpose of interstate travel under the Mann Act. The Fifth Circuit in United 

States v. Campbell 263 stated that "[m]any purposes for traveling may exist, but, as long as 

one motivating purpose is to engage in prostitution, criminal liability may be imposed under 

the Act. ''264 In a prosecution under Section 2423(b) in United States v. Vang, 265 the court 

found that the government need only prove prostitution activities were "a" purpose of the 

defendant's travel, stating that Congress did not include the word "dominant" and the court 

was not prepared to read such a requirement into the statute. Furthermore, the Seventh Circuit 

in United States v. Snow ruled that prostitution need not be the sole reason for transportation 

under Section 2421, "the Act may be violated if prostitution is a dominant or a compelling and 

efficient purpose "'266 

Prosecution under various sections of the Mann Act has also been challenged based 

on whether the defendant had to have knowledge that the victim was a minor. The Supreme 

Court in United States v. X-Citement Video 267 found a presumption exists that a criminal 

statute requires some form of scienter. Based on that decision, the court in United States v. 

Kbtfrovich 268 held that Section 2422(b) requires knowledge of the minority status of an alleged 

victim. Since "knowingly" applies to the purpose of the traveler, which is to engage in a sexual 

act with a minor, the traveler must know the person is a minor in order to have that purpose; 269 

however, at least one Circuit has held that section 2423(b), which does not include "knowingly" in its language, does not require knowledge of the alleged victim's minority status. 27° 

Other Applicable Federal Statutes 

Charges under other statutes not specifically addressing prostitution offenses are also available 

to prosecutors when the offenses occur under federal jurisdiction. For instance, prosecutors 

can consider charges under the statute regarding aggravated-sexual abuse that prohibits crossing 

a state line with the intent to engage in a sexual act with a person who is younger than 12 years 

of age, as well as knowingly engaging in a sexual act with another person who is younger than 

12 or knowingly engaging in a sexual act by force, threat, or other means with someone 12 to 

16 years of age (with at least a four-year age difference). TM Charges under the statute regarding 

"sexual abuse of a minor or ward" statute can also be brought if the defendant knowingly 

engaged in a sexual act with a person not yet 12 years of age or knowingly engaged in a 

sexual act with a minor who is older than 12 but not yet 16 years of age (with at least a 

four-year difference in age). 272 

The statute on aggravated-sexual abuse may apply to patrons or pimps, and may be 

especially relevant in cases in which violence is used against the prostituted child. The court 

in United States v. Fulton 273 found that the statute's required showing of actual force can be 

satisfied by a showing of such physical force as is sufficient to overcome, restrain, or injure a 

person. Also, the rape-shield statute can be used to prohibit the defendant from introducing 

evidence that the victim had intercourse with several other people prior to the alleged incident. 274 

When the victim's credibility is at issue, United States v. E.R.B. 275 illustrates that a 14-year-old 

victim's testimony that she was forcibly raped and that she and the defendant had not had a 

prior sexual relationship can be found credible. 

Furthermore, the mistake-of-age defense is a specified defense only for Section 2243, 

sexual abuse of a minor or ward. The court in United States v. Yazzie TM found reversible error 

in the trial court's exclusion of witnesses who supported the defendant's assertion that he 

reasonably believed the child was older than 16. The mistake-of-age defense is not necessarily 
permissible with other federal sexual offenses, and under United States v. Ransom 277 the 

court has discretion whether to allow such a defense. Under neither statute is the prosecution 

required to prove that the defendant knew the age of the minor. 278 

Related Pornography Offenses 

Given the established relationship between prostitution and pornography, federal statutes 

that address visual depictions involving the sexual exploitation of minors can provide 

additional charges against pimps and procurers who photograph prostituted children. 

These statutes include Section 2251 on the sexual exploitation of children and Section 

2252 on certain activities relating to material involving the sexual exploitation of children 

of Title 18 of the United States Code. 

For instance, Section 2251 (a) may apply when a pimp transports a minor with the 

intent that she engage in any sexually explicit conduct for the purpose of producing any 

visual depiction of such conduct. The statutes' other prohibitions include transporting 

or shipping in interstate or foreign commerce by any means---including mail and 

computer--or receiving or distributing any visual depiction involving use of a minor 

in sexually explicit conduct, and the production of sexually explicit depictions of a minor 

for importation into the United States. 279 Neither statute requires a showing that the 

defendant intended to distribute the child pornography. 28° 

A test to determine whether a visual depiction is lascivious and merits prosecution.was set 

forth in United States v. Dost TM and further developed in United States v. Knox. 282 In Knox, 

the court found that the statute does not require full or partial nudity but rather requires only 

that the material depict some sexually explicit conduct by the minor subject that appeals to 

the lascivious interest of the intended audience. 

The Child Protection, Restoration and Penalties Enhancement Act of 1990283 strengthened 

the prohibitions of Section 2252, and the Protection of Children from Sexual Predators Act 

of 1998 added a jurisdictional basis for prosecution if the visual depiction was produced using 

materials that were mailed, shipped, or transported in interstate or foreign commerce including 

by computer. 284 Furthermore, the Child Protection and Obscenity Enforcement Act, which 

requires producers of pornography to secure proofofa performer's age and keep a record 

of it, withstood constitution challenge inAmerican Library Association v. Reno. 285 The 

court ruled that the requirement was sufficiently narrowly tailored and furthered a governmental 

interest in abating child pornography to withstand scrutiny. 

In addition, the Child Pornography Prevention Act of 1996 (CPPA) 286 amended the language of Section 2256, which sets out the applicable definitions, to include situations in which 

a visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct. Among 

Congress' findings accompanying the CPPA was that new photographic and computer-imaging 

technologies make it possible to produce visual depictions of what appear to be children 

engaging in sexual conduct that are virtually indistinguishable from photographic images 

of actual children engaging in sexually explicit conduct. Congress noted that this technology 

can be used to alter innocent pictures of children to create visual depictions of those children 

engaging in sexual conduct. 

Two courts have upheld the constitutionality of the CPPA. In United States v. Hilton, 287 

the First Circuit Court of Appeals overturned a lower court ruling that the statute was impermissibly vague and overbroad. The First Circuit Court found that the CPPA "neither impinges 
substantially on protected expression nor is so vague as to offend due process." Likewise, a 

United States District Court in The Free Speech Coalition v. Reno ruled that the CPPA meets 

constitutional standards and is therefore constitutional as written. 288 

Racketeer Influenced and Corrupt Organizations Act (RICO) 

The Racketeer Influenced and Corrupt Organizations Act makes it a federal crime to participate 

in an "enterprise" that "affects" interstate commerce and involves a "pattern" of"racketeering 

activity. ''289 Violations of the Mann Act are listed among the crimes defined as "racketeering 

activity" under the statute. RICO provides for strict penalties, allows federal prosecutors to 

seek injunctive relief against violators, and allows victims to sue in federal court for treble 

damages. 29° 

For a prosecution to succeed under the RICO statute, there must be proof of two or 

more violations constituting a "pattern" of such activity and that the activity is part of an ongoing enterprise, either legal or illegal? 9~ The statute allows prosecutors to bring actions against 

those who only indirectly control or participate in an interstate prostitution ring and provides 

some relief to victims through its civil-remedy provisions, z92 

Sentencing 

Under the federal sentencing guidelines,judges are to consider "all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the 

defendant.., that occurred during the commission of the offense of conviction. ''293 The court 

is not required to select a guideline based only on the conduct constituting the violation. TM 

The court can also impose stricter sentences through enhancements for coercion, vulnerable 

victims, and obstruction, among others. 295 For example, ifa defendant threatens or tries to 

bribe a victim, the court can impose an obstruction enhancement. 296 Evidence of coercive 

conduct during the commission of the crime--or any conduct that negates the voluntariness of 

the behavior of the person who was transported--supports an enhancement as well? 97 And 

the vulnerability of the victim (e.g., the child's youth or separation from family) can also 

support an enhancement. 298 

The Protection of Children from Sexual Predators Act also amendedTitle 18, Section 

3559, the sentencing classification of offenses, to include life imprisonment (if death is not 

imposed) if the victim is younger than 14 years of age, the victim dies as a result of the offense, 

or the defendant engages in other behavior justifying imposition of a death sentence, z99 Furthermore, the United States Sentencing Commission is to review and amend the Federal Sentencing 

Guidelines t O provide certain enhancements including the defendant's knowing misrepresentation 

of his or her identity under certain provisions of the Mann Act 3°° or a pattern of activity involving 

sexual abuse or exploitation of a minor. 3°~ 

Forfeiture 

Defendants may also be subject to civil or criminal forfeiture of any property used or intended 

to be used to commit or promote commission of the offense. The Protection of Children from 

Sexual Predators Act includes certain sexual exploitation and Mann Act offenses under both 

Title 18, Section 2253, providing for criminal forfeiture for offenses against minors, 3°2 and 

Section 2254, providing for civil forfeiture. 3°3 Forfeiture may include loss of property or businesses used as fronts for prostitution enterprises, or any property traceable to gross profits or 
other proceeds from the enterprise. The Mann Act also allows victims of sexual abuse, sexual 

exploitation, and Mann Act violations to recover actual damages and the cost of the lawsuit, 

including reasonable attomey fees, of no less than $50,000. TM 

Restitution 

Restitution can also be part of the sentence imposed, and may include medical services relating 

to physical or mental health, occupational therapy or rehabilitation, transportation or temporary 

housing, lost income, and other losses suffered by the victim as a proximate cause of the criminal 

offense. 3°5 

The sentencing court can also order restitution for victims under the Victim and Witness 

Protection Act. 3°6 When a defendant is convicted of a crime that includes scheme, conspiracy, 

or pattern of criminal activity as an element of the offense, the court can order restitution 

for losses resulting from any conduct that was part of that scheme, conspiracy, or pattern 

of criminal activity. 3°7 

Federal Statutes of Assistance to Parents of Missing Children 

Several federal statutes assist parents in their efforts to locate missing children who may 

be engaging in prostitution on the streets. The Missing Children Act 3°8 (MCA) and Missing 

Children's Assistance Act 3°9 (MCAA) provide valuable support to parents who are searching 

for their runaway children. Under the MCA, the Federal Bureau of Investigation (FBI) can 

accept entries from parents regarding their missing children into the National Crime Information 

Center (NCIC) computer, even when local authorities fail to make the entries. 

The MCAA created a national toll-free hotline to disseminate information to parents about 

programs to help locate their missing children. The definition of missing child under the Act 

includes a child who is younger than 18 whose whereabouts are unknown to his or her parent 

or legal guardian and who is at risk of abuse or sexual exploitation. The MCAA also mandated 

the creation of a national clearinghouse and resource center to provide technical assistance to 

government officials, private and public agencies, parents, and law enforcement. The National 

Center for Missing & Exploited Children fulfills the provisions of this mandate and maintains 

a toll-free Hotline (1-800-THE-LOST/I-800-843-5678) to facilitate the location of missing 

children and reunification with their families. 31° Law-enforcement officers can also contact 

the National Center for Missing & Exploited Children at this number for referrals and contact 

information on intervention strategies, law-enforcement initiatives, and training opportunities. 

The Law-Enforcement Response 

Barriers to Effective Intervention 

While law enforcement has improved its response to the sexual exploitation of children in the 

past decade, fewer advances have been seen in the response to the prostitution of children. TM 

This may be explained by some of the unique obstacles to effective criminal-justice intervention 

in such cases. 

Fragmentation of responsibility for child-sexual-exploitation cases exists in many lawenforcement agencies. 3~2 Cases involving prostitution of children may fall under the jurisdiction 

of a unit other than the one that handles child-sex abuse. When juveniles are arrested, they 

may be handled by a juvenile division. In some large jurisdictions, misdemeanor cases may 
be handled by a different division than felony cases. In cities with no centralized unit with 

responsibility for prostitution cases, they are generally handled by patrol officers assigned 

to that geographic district. Even when prostituted children are recognized as victims, the 

child-abuse unit may not handle the case because cases involving victims older than 1 3 

years of age may go to the sexual-assault unit. 313 While this division of labor may not 

in itself prevent an effective response, departments without effective cross-training and 

collaboration may face a diffusion of resources and knowledge regarding prostitution cases. 

In addition, prostitution of children is often a hidden crime. Most police departments report 

that they have very few cases, 314 although it is likely that many are being overlooked; are viewed 

as a nuisance crime; or receive low priority to street violence, gang activity, and drug trafficking. 315 Even when police conduct undercover sweeps, cases are more likely to result in arrest 

of the prostituted children than their customers or pimps. 3~6 

Recently, much of the prostitution of children has moved underground, and prostituted 

youth are more likely to be found in massage parlors, modeling studios, or escort services, 

and this makes investigation even more time-intensive. 3~v Investigations generally also tend 

to be labor-intensive and require proactive, undercover work. 3t8 Law enforcement may find 

it difficult to arrest adults for patronizing prostituted juveniles unless an officer directly overhears 

the transaction. The child therefore must testify, which many refuse to do. Furthermore, law 

enforcement cannot use minors as "bait" in sting operations? ~9 

Finally, some barriers stem from the nature of the victims themselves. Some juveniles can 

pass as adults, and when arrested, they know it is better to be booked as an adult because 

only a parent or family member can release them from a juvenile facility. 32° Some police officers 

also have a hard time viewing streetwise, "seductively dressed" teenagers as victims, and have 

a harder time treating them as such. 32t Many sexually-exploited youth do not view themselves 

as victims. Furthermore, when they do report, many victims may be reluctant to reveal the full 

extent of their involvement in prostitution activities, making identification of offenders more 

di~cult. 322 

Effective Intervention Models 

Despite the challenges prostitution of children presents to law enforcement, several model 

programs have developed effective methods of addressing the problem. These are primarily 

based on multidisciplinary and multij urisdictional models. 

Multi jurisdictional Efforts 

Successful models of intervention include multi jurisdictional teams that consist of personnel from 

federal, state, and local law enforcement and both public- and private-service providers. With 

a combined effort, the resources of each individual agency can be maximized. The benefits of 

the team approach are many, but they vary slightly based on the type of team that is assembled. 

There is also a great likelihood in prostitution cases that both state and federal laws have been 

violated. If both are pursued, it becomes more likely that the defendant will receive the maximum sentence possible. 323 

In 1996 the federal Office of Victims of Crime released Child Sexual Exploitation: 

Improving Investigations and Protecting Victims, ,4 Blueprint for Action. It describes 

three models of multi jurisdictional teams--the task force, the strike force, and a network of 

professionals. 324 
Task Force The task-force model includes representatives from various disciplines and 

houses them together for a concentrated effort to combat exploitation) 25 The Southern 

California Regional Sexual Assault and Exploitation Felony Enforcement (SAFE) Team 

serves as a model example of the task-force approach. The SAFE Team is a standing task 

force of federal, state, and local investigators and prosecutors who are detailed to the Team 

and physically located together. 326 Each agency contributes important resources, such as 

investigative expertise or sophisticated technology, and members are also deputized as 

United States Marshals. 327 

Operating under a Memorandum of Understanding, the Team is organized on three basic 

principles. 

• Criminal-justice agencies must overcome turf issues and work together as a true 

multidisciplinary task force 

• Criminal-justice agencies and victim-service providers must recognize and attend to 

the needs of sexually-exploited children 

• Effective intervention requires proactive identification of suspects and vulnerable children 328 

The SAFE Team meets biweekly and compiles monthly summaries of cases and activities, 

including any training received by the Team members. Based on these summaries, the Team 

keeps statistics on the number of investigations and their outcomes. 329 

Proactive street work and reverse stings are the primary means the Team uses to investigate 

the prostitution of children. Community-policing techniques also build rapport with runaway, 

homeless, or street youth, enabling law enforcement to work with the children to identify and 

apprehend pimps, customers, and others who exploit them. 33° 

Victim-service providers participate on a case-by-case basis with the Team, and the Team 

works closely with child-protective services, children's advocacy centers, and youth sheltersY ~ 

The Team makes referrals to the service providers for emergency placement, crisis intervention, 

medical attention, and other needs. The service providers also conduct cross-disciplinary 

training for the Team. 332 

Another model is the Law Enforcement Effort Against Child Harm (LEACH) Task Force 

in southem Florida, which is founded on a voluntary collaboration among law-enforcement 

agencies in the region. It also operates under a Memorandum of Understanding. The mission 

of the task force is "to identify, apprehend[,] and assist in the prosecution ofpedophiles, child 

abusers, child molesters, and child pornographers involved in computer-related pornography 

activity. ''333 The LEACH Task Force also actively participates in community-education efforts 

to reduce the risk of child-sexual exploitation. TM 

The benefits of the task-force model include shared space, less duplication of efforts, a 

concentration of skills and expertise, enhanced teamwork, and interpersonal support among 

members. 335 

Strike Force Under the strike-force model ofmultijurisdictional collaboration, the team 

members are not dedicated exclusively to the work of the team, and they are not housed 

together in the same location, although they may periodically come together as a group. 336 

The strengths of a strike force are its capacity to quickly identify and mobilize sources of 

expertise on an as-needed basis, while the obstacles include the lack of dedicated financial 

support and the competing needs of the members' other duties) 37 
The Federal Child Exploitation Strike Force in Chicago, Illinois, was a successful example 

of a strike force that operated out of the US Postal Inspectors Office for 1 0 years. Although 

it currently has only two full-time investigators, the strike force maintains strong links with the 

Chicago Police Department, Illinois State Police, Federal Bureau of Investigation, and other 

local police departments. 338 

The strike force specialized in proactive, undercover investigations and devoted a great 

deal of time to identifying and arresting pimps and procurers. It also established a witnessprotection program that enabled victimized youth to be placed out of state and given new 

identities if needed to protect them from pimps and other exploiters. 339 The facility also 

provided intensive counseling and court advocacy services. 34° 

Other agencies in the Chicago area also have specialized units handling child-sexual exploitation. The Chicago Police Department has a special unit--the Juvenile Court Group, Youth 

Division--and the Cook County Attorney's Office has an exploitation unit within its Sex 

Crimes Division. 34t 

Network The network of professionals as a multijurisdictional model is the most loosely 

configured of the three approaches. Although members may come together as a strike force 

as cases are identified, the primary benefit of the network is its focus on raising awareness 

among professionals and recruiting them to join. The network is especially useful when cases 

have statewide implications; however, the absence of resources, its voluntary basis, and the 

difficulties of sustaining concentrated efforts without dedicated resources present obstacles. 342 

The Massachusetts Child Exploitation Network, a statewide network of investigators and 

victim-assistance professionals, began as an effort by a special agent in the US Customs Service 

to link investigators with similar skills and interests in exploitation cases. 343 The Network has 

identified more than 200 members with an interest in child-sexual-exploitation cases. The 

Network's steering committee guides its outreach and educational efforts. Among its goals 

are raising awareness of the special nature of exploitation cases among professionals, enhancing 

the expertise of law-enforcement and youth-serving professionals, and sharing information 

about specific cases and suspects among investigators statewide. TM 

• Other successful law-enforcement efforts around the country share many of the attributes 

of the three approaches discussed above. In Pittsburgh, for instance, law enforcement and 

service providers collaborate well together. They also collaborate with victim-witness advocates 

working with the police department to place runaway youth in shelters. The police department 

also chairs monthly meetings of a Runaway and HomelessYouth Network. 345 

In Dallas, Texas, the Police Department's Child Exploitation Unit has six detectives who 

investigate out-of-family prostitution and other offenses. Much of their work is self-generated 

through sting operations and other techniques. The unit operates under the philosophy that 

prostituted children should be treated as victims, not offenders, although it does arrest or 

detain juveniles to get them off the streets and into services. The unit also works with the 

juveniles, who are usually girls, to identify pimps, persuade the girls to testify, and identify 

others who may also have been exploited. Arrested youth are taken by police officers to 

a local 30-day residential center funded by the county. The department hopes to expand 

the center to allow prostitution-involved youth, who often try to recruit other children into 

prostitution while in the shelter, to be segregated and housed for 90 days. 346 
And in San Diego, California, the Police Department has written procedures for investigating 

prostitution cases and operates a juvenile-prostitution task force in the city. The program also 

works well with shelters to get youth offthe streets and into services--it has a memorandum 

of agreement with a service provider that operates an emergency shelter, transitional-living 

program, street-outreach program, and education center. ~47 

Multidisciplinary Efforts 

Cooperative relationships between all disciplines working to help at-risk youth clearly benefit 

from the efforts to combat the problem ofjuvenile prostitution. Police departments in cities with 

formalized agreements with service providers are more likely to receive specialized training, 

although many work successfully with providers even without such an agreement24s The 

experience of most law-enforcement agencies is that such training is integral to a successful 

response---those departments that receive specialized training in investigation of child-sexual 

exploitation report more arrests of adults for related offenses. 349 

Law-enforcement professionals should also participate in collaborative efforts to crosstrain other disciplines involved in outreach efforts to understand the proper role of the judicial 

system including its advantages and limits. Training should be multidisciplinary and include 

federal, state, and local law enforcement. In 1 997 the US Department of Justice, Office 

of Juvenile Justice and Delinquency Prevention, sponsored a national multidisciplinary, 

interjurisdictional conference on "Combating the Trafficking of Youth for Prostitution: 

Forming Partnerships for Prevention, Protection and Prosecution." Similar efforts should 

be pursued in states and communities. 

But the benefits ofmultidisciplinary efforts extend well beyond training. Police departments 

in communities where there are special services for youth involved in prostitution report a 

substantially higher level of arrest of adults for procuring or patronizing juveniles. 35° They 

are also more likely to divert youth for services and less likely to remand them to juvenile 

authorities or release them to their parents. Victims are more likely to cooperate when they 

have the support of victim advocates and service providers. TM Service providers can also 

work with law enforcement to identify adults who sexually exploit the youth who use their 

services. 352 

General Principles for Effective Intervention 

Based on the success of the efforts described above, and other information on best practices 

in child-prostitution cases, the general principles noted below can help guide a more proactive, 

informed approach. 353 

• Law enforcement should recognize prostitution of children as a form of child-sexual exploitation and treat the children as victims. 

• Law enforcement should make a commitment to identify the victimized children and work to 

provide them with services and other assistance to leave prostitution. Criminal-justice intervention can be the means by which the cycle of abuse is broken. 

• Law enforcement should have strong working relationships with local runaway shelters 

and service providers to identify girls and boys involved in or at risk of prostitution. Law 

enforcement should support the development or increase of community treatment and services for at-risk youth including prevention and early intervention. 
• Law enforcement should make a commitment to arrest and prosecute pimps, procurers, 

and patrons who engage in sexual activity with minors. When there is an increase in arrests, 

it is usually attributed to increased enforcement by the police. 

• Law enforcement should use all investigative techniques available, including surveillance, 

videotaping, undercover investigations, and one-party consensual calls, to build strong 

cases against pimps and procurers. 

• Law enforcement should provide adequate training for all investigators and officers who 

might come in contact with victims of prostitution including child-abuse, sex-crimes, vice, 

juvenile, and other units. Increased training can heighten the sensitivity of law enforcement 

to the plight of at-risk adolescents. To the extent resources allow, law enforcement should 

establish specialized units or identify specially trained staffto respond to and interview 

prostituted youth. 

• The criminal-justice system should encourage cooperative multijurisdictional efforts among 

all disciplines responding to prostituted youth. Based on the availability of resources, law 

enforcement should participate in task or strike forces or networks of professionals that 

share information and collaborate on cases. 

• The criminal-justice system should provide protection for youths testifying against pimps 

and other offenders in court. This may include working with social-service agencies to 

provide safe housing or long-term residential facilities that allow young victims to break 

free from the control of their exploiters. 

• The criminal-justice system should work on strategies to overcome questions about victims' 

credibility including training in interviewing techniques that overcome their fear and distrust 

of adults and the use of rape-shield statutes. 

• Parents, teachers, and professionals who come into contact with chronic runaways should 

receive training to recognize their potential for involvement in prostitution and intervene 

before the children become involved in more serious conduct such as other criminal activity. 

• The criminal-justice system should pursue greater community involvement in developing 

prevention efforts to reduce recruitment into prostitution and address community responses 

to the dangers at-risk children face. As an example of such efforts, the Las Vegas (Nevada) 

Metropolitan Police Department developed a brochure intended to educate the general 

public about juvenile prostitution. It requests that the community assist the Department 

in locating and providing assistance to juvenile prostitutes and also identifying those who 

exploit them. The brochure identifies the characteristics of young prostitutes and asks 

citizens to contact the police if they believe that they know of underage children involved 

in prostitution. 

Based on these principles, the criminal-justice system can employ innovative approaches 

that recognize the power of criminal sanctions to punish offenders to the fullest extent of the 

law while also appropriately responding to the special circumstances of prostituted children. 

Policy and Practice Issues 

Many difficult dilemmas surround the issue of prostituted children. The role of the juvenile court 

and the ability of the criminal-justice system to adequately respond to the social-service needs 

of at-risk youth are just two. Parental involvement, or disinterest, presents its own problems. 

Is return home to parents who are ot~en part of the child's difficulties in his or her best interests? 
Education programs can teach parents how to avoid many of the pitfalls that drive children away 

in search of family commitment on the streets. And family counseling may provide some solutions for those families that truly want to make the effort to reunite. But prostituted adolescents 

face a difficult struggle in rehabilitation, and many of the services they need are unavailable. 

More Research on the Sexual Exploitation of Children 

In order to best serve at-risk youth, more research is needed to understand how children are 

drawn into prostitution, who is exploiting them (especially pimps and patrons), what type of 

legal interventions are successful, and how their basic needs can be met. A systematic effort 

to estimate the number of youth involved in prostitution in the United States would also aid in 

establishing the level of current need for services. TM In the criminal-justice system, there should 

be an examination of the success of prosecution and whether sentences are appropriate and 

effective. Also, research needs to focus on the success or failure of intervention and prevention 

programs. 

Coordinated Multidisciplinary and Multijurisdictional Approaches 

While state and federal laws have been strengthened in some instances, there is still substantial 

room for improvement in enforcement and prosecution. 355 Law enforcement and social services 

should work together to build multidisciplinary and multijurisdictional programs that identify and 

serve prostituted children and youth at risk of entering prostitution. Criminal-justice and socialservice professionals need to foster understanding between their disciplines regarding the needs 

of prostituted youth including psychological and economic support for victims. 

As an example, Minnesota's model approach under its multidisciplinary child-protectionteam statute provides for development of an outreach services program for juveniles engaged 

in prostitution. 356 In addition to the regular members of the team (including mental health, law 

enforcement, probation and parole, county attorney, health care, education, and others), at 

least one nonprofit agency serving youth in crisis must serve on the team. The statute also 

provides for the sharing of information between the multidisciplinary team and the local 

child-welfare agency, enabling the team to better serve troubled youth. 

Increased Social-Service Programs for At-Risk Youth 

Identifying the needs of at-risk youth is the first step to successful intervention. 

Adolescent prostitution can be viewed as behavior that results from the necessities of street life--it is survival behavior more than it is sexual behavior. The focus 

must be upon meeting the child's survival needs, not upon the fact that he or she 

happens to meet these needs in a sexual way. 357 

But identifying the children's survival needs is not sufficient if adequate resources are 

not directed toward programs to improve their circumstances. The Runaway and Homeless 

Youth Act 358 (RHYA) provides assistance to street children through federal funding of crisis 

intervention and outreach programs for runaway and homeless youth, but its resources are 

limited. Programs in need of additional resources to meet an ever-increasing demand include 

runaway- and homeless-youth programs, specialized residential-care facilities, outreach programs, health clinics, medical and mental-health services, substance-abuse programs, and 

missing children's programs. 
Youth involved in prostitution are especially hard hit during cutbacks because many shelters 

do not accept them based on their more aggressive behavior and frequent attempts to recruit 

for their pimps.359youth involved in prostitution also require more comprehensive services for 

longer periods than most runaway programs are able to provide. 36° Furthermore, services for 

youth involved in prostitution must often compete for limited funds with other programs or 

populations that are more visible or vocal. 361 

There is therefore a need for safe housing that protects children who are vulnerable to the 

pimps they are trying to escape. Housing should be long-term in order to establish the distance 

these children need to separate from their pimps and restore their trust and self-esteem. 362 

Service providers should be flexible and nonjudgmental about the youths' behavior choices 

and receive special training with this population to help them fred healthier ways to handle the 

emotional, psychological, and physical consequences of their sexual and physical abuse. 363 

Intervention should provide long-term solutions, not merely stop-gap measures. 

Strategies to Meet Adolescents' Medical Needs 

A background of severe family conflict, rejection, and abuse makes comprehensive health 

services a necessity for youth on the street. TM Treatment efforts should focus on runaway 

prevention and provision of stable environmental and emotional supports that encourage 

development of life skills and the building of self-confidence. 365 Youth involved in prostitution 

have multiple needs that must be met through counseling and medical and housing assistance. 

There is also a great need for aggressive HIV outreach efforts directed at adolescents 

involved with drugs and prostitution, who pose a significant challenge to social-service providers 

in establishing and maintaining contact. 366 For AIDS education with this group to be successful, 

it must be an integrated component of a coordinated effort that also addresses the immediate 

housing and other material and emotional needs of street youth. 367 

In line with this strategy, the Society for Adolescent Medicine set these priorities noted 

below in 1992 on its recommendations regarding homeless youth. 

• Data collection and research 

• Investigation of etiology or predisposing factors ofhomelessness 

• Creation of accessible substance-abuse and mental-health-care services 

• Support for existing outreach programs and transitional housing ~68 

Increased Outreach Efforts 

Services should include educational opportunities as well as counseling and psychological 

support. To succeed, programs for adolescents involved in prostitution must enhance selfconfidence and skill acquisition in the areas of education and employment. 369 One example, 

the "street school" experience, appears to succeed in reducing prostitution and symptoms of 

depression and in fostering more positive attitudes toward school attendance. 37° Street school 

involves a nontraditional, drop-in, open-enrollment classroom and provides basic academic 

skills, computer-literacy training, a life-skills curriculum, and preparation for a high-schoolequivalency exam. TM 

Another model initiative is the outreach program established under California's Health and 

Welfare Code in 1995.372 The statute provides funds to operate an outreach program targeted 

at substance-dependent homeless youth, including prostituted juveniles, in Los Angeles and San 
Francisco. Prostitution-involved adolescents are clearly at risk of substance abuse and can 

profit tremendously from such outreach efforts. Youth on the street desperately need education 

on safer-sex practices, as it is "literally a matter of life and death. ''373 

Public social-service agencies must not carry the burden alone. Private agencies, as well 

as the faith community and other local organizations, should be invited to join collaborative 

intervention efforts. The public should also be educated about the dynamics of the commercialsexual exploitation of children. This effort should include information on the devastating harm to 

children and society and how the public can help. 

The prostitution of children in the United States demands a comprehensive response that 

includes major attention to prevention as well as interventions by the legal and social-service 

systems. 

The United States is not alone in grappling with the sexual exploitation of children through 

prostitution. Worldwide, prostituted children are exploited by both local and foreign patrons, 

trafficked across country borders to satisfy demand in the most popular sex-tourism destinations, and often held in virtual slavery or debt bondage 374 by the brothel owners who purchase 

them. 

Child prostitution has emerged in recent years as a global phenomenon of disquieting proportions. It is found in both developing and developed countries .... 

Despite attempts to counter the situation, it remains daunting and intractable .... 

The sexual exploitation of children has become more insidious because of its 

transfrontier nature. Children are increasingly sold and trafficked across frontiers-- 

between developing and developed countries, among developing countries, and 

among developed countries .... [A]ll continents of the globe deserve attention. 375 

The global child-sex trade, including the growth of child-sex tourism and the trafficking 

of children, has over the past decade gained attention and deserved outrage. The expansion 

of child-sex tourism can be attributed in part to sex tourists seeking out alternative, less restrictive destinations as the countries first plagued by the child-sex trade take measures to eradicate 

it. Its worldwide growth demonstrates the need for national and international initiatives that form 

a comprehensive response to the prostitution of children. 

J Overview of the Problem I 

The United Nations defines child-sex tourism as "tourism organized with the primary purpose 

of facilitating the effecting of a commercial-sexual relationship with a child. ''376 Child-sex tourism, however, may also include the opportunistic use of prostituted children in regions while 

traveling on business or for other purposes. 

While much of the initial international attention on child-sex tourism focused on Thailand and 

other countries of Southeast Asia, there is no hemisphere, continent, or region unaffected by the 

child-sex trade. As countries develop their economies and tourism industries, child-sex tourism 
3~ 

seems to surface. Economic difficulties, civil unrest, poverty, and displacement of refugees all 

contribute to the growth of the child-sex industry. 

In Africa many countries are faced with a rising child prostitution problem, partly 

due to poverty, migration from rural to urban areas, and...the advent of tourism .... 

In Zimbabwe, the problem is related to the sex trade near the border. The Sudan, 

Kenya[,] and Libya are all on the list of countries facing the challenge. Algeria has 

been reported as a place of transit for traffickers. In Mauritania there are reports 

of foreign pedophiles at work and an increase in boy prostitutes. In Ghana, young 

girls are tricked into prostitution in the belief they will be housemaids. Visible 

increases in sexual exploitation are noted in Cote d'Ivoire and Burkina Faso. 377 

It is difficult to precisely measure the exact number of children affected by sex tourism. 

Estimates by governments and non-governmental organizations (NGOs) vary widely, while 

unsubstantiated numbers are often recycled without attribution or confirmationY 8 As the 

former United Nations Special Rapporteur on the Sale of Children, Child Prostitution and 

Child Pornography emphasizes, however, "even if one child is exploited sexually, it is a 

serious matter. ''379 

End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes, 

or ECPAT---one of the first groups organized to seek the end of the sex trade in children-- 

monitors the child-sex trade around the world. The examples noted below from ECPAT's 

Country Reports and similar sources provide an overview of the scope of the problem. 38° 

• Brazil. Street kids in the tourist-resort areas of Brazil are being exploited in massage parlors 

and clubs. TM In small, remote villages and mining towns in northern Brazil, young girls are 

brought in by traffickers with promises of employment in the restaurants and canteens. They 

are then held in indentured servitude and forced to work off their "debt" for their transport, 

upkeep, food, and malaria medicine through prostitution. 382 

• Cambodia. In February 1994, a survey by the Cambodian Women's Development Association found nearly 35 percent of sex workers in Phnom Penh were younger than 18 years of 

age. In an April 1995 survey, the Human Rights Vigilance of Cambodia found that minors 

from 13 to 17 years of age comprised about 31 percent of sex workers. Although the 

surveyed establishments served mostly local patrons, there are reports of an increased 

demand for child prostitutes from visiting businessmen, developers, and tourists in a childsex trade operating outside the local brothels. 383 

• China. Girls from villages of the minority tribes inYunnan province in southwestern China 

are being tricked by false offers ofjobs and then sold into prostitution in Thailand. The 

Chinese police report that about 5,000 Chinese girls have been lured across the border 

and sold as prostitutes since 1989. In addition, the Peking People's Daily reported in 

1994 "that more than 10,000 women and children are abducted and sold each year in 

Sichaun alone. ''384 

• Colombia. A study by the Bogota Chamber of Commerce suggests that the number of 

prostituted children in the streets has increased five-fold in the last seven years. In 1995, 

police found 52 girls between 10 and 12 years of age working as prostitutes in Bogota. 385 
• Costa Rica. The capital city of San Jose is home to more than 2,000 child prostitutes. 

Across the country, children are regularly sold to foreign pedophiles as part of sex-tour 

"packages."386 

• India. Mostly local clients or WestAsian businessmen patronize the majority of India's 

prostituted children. According to the Human Rights Watch Report 1995, 20 percent of 

Bombay's brothel population is composed of girls who are younger than 18, at least half 

of whom are HIV positive. Many are brought to India as virgins and returned to Nepal 

with HIE. Cases of child abuse and prostitution have also recently surfaced in two of 

India's major beach resorts. 387 

• Indonesia. There is evidence of sex tourism and prostitution of children in both Bali and 

Java. A report on one hotel supplying prostitutes found the average age of girls to be between 17 and 20, yet a number were between 14 and 16 years old. Many of the older 

children had been working at the hotel for several years. Street children selling sex for 

survival is a more recent phenomenon. Boys mainly sell sex to tourists although some 

teenage boys are among transvestite groups servicing local men. 388 

• Italy. Children 5 to 14 years of age have been found prostituting in Sicily. Some were 

prostituted because their parents could not pay off their debts. About 10 percent of prostitution in Northern Italy involves girls between 10 to 15 years of age, with 30 percent between 

16 to 18 years of age. 389 

• Nepal. Nepal has a growing child-sex trade. In many cases minor girls who are younger 

than 15 years of age work for pimps or in brothels. According to a 1995 Asia Watch 

Report, about half of Bombay's 100,000 girl prostitutes are from Nepal. The average 

age of Nepalese girls trafficked to India has fallen in the last 10 years from between 

14 to 16 years of age to the current 10 to14. 39° 

• The Philippines. Advocacy organizations estimate between 60,000 to 100,000 children 

are involved in the sex industry in the Philippines. Child prostitution increased during the 

1970s and 1980s with the United States military presence, mass development of tourism, 

and increased sex tourism, all combined with increasing poverty and dislocation. Street 

children, both boys and girls, sell sex on the streets and beaches to tourists and locals. TM 

• South Africa. In at least one central Johannesburg district, black underage street boys 

occasionally make their living through prostitution. There is visible prostitution of both 

black and white underage girls and boys. Young girls from Russia, Taiwan, and Thailand 

also reportedly work in brothels in the suburbs of Johannesburg. 392 

• Sri Lanka. Child-sexual exploitation in Sri Lanka is considered to be a recent development 

linked with the rapid growth of tourism since the 1970s, despite an existing local demand. 

Protecting Environment and Children Everywhere (PEACE), a local NGO, estimates around 

100,000 children between the ages of 6 and 14 are kept in brothels and an additional 5,000 

children between 10 and 18 are working in tourist areas. 393 

• Taiwan. ECPAT Taiwan estimates the number of children in the sex industry to be around 

100,000. Most of the demand for child sex comes from local Taiwanese and visiting Asian 

businessmen. The country has been a sex-tourist destination for Japanese dating back to the 

Japanese military presence. TM 

• Thailand. Although statistics vary greatly, the number of children involved in the Thai commercial-sex industry range from the government's estimate of 10,000 to an NGO's estimate 

of 800,000. The demand for young girls has increased in recent years in response to the 
growth of sex tourism and the large numbers of businessmen and other visitors coming into 

the country. The greatest number of child prostitutes working in the commercial-sex industry 

are girls who are younger than 16 years of age working in brothels patronized by locals and 

visitors from neighboring Asian countries. Commercial sex can be found on the streets, in tea 

houses, noodle shops, hotels, and throughout the service and tourist industry. Boy prostitution 

and the growing pedophile child-sex industry are considered imported social problems 

catering to foreign tourists. 395 

• United States. While the United States faces its own problems of prostitution of children 

within its borders, it is primarily viewed as a source of child-sex tourists abroad. In a sample 

collected by ECPATofinformation about foreign child-sex tourists in Southeast Asia, tourists 

from the United States were the largest group. 396 

• Vietnam. Child advocates estimate that up to 20 percent of Vietnam's growing commercialsex industry is composed of children who are younger than 18 years of age. The Vietnam 

News reports that "the development of tourism is one of the main causes of increased child 

prostitution. Many foreigners who come to Vietnam think that besides the favorable conditions for business and tourism, Vietnam will also provide cheap and safe" sex tours. Because 

some people mistakenly think that children pose a lesser danger of sexually-transmitted 

diseases such as HIV, an organized network or system to supply virgin prostitutes to 

foreigners has been uncovered in several hotels and tourist areas. 397 

Asia continues to be the primary destination for child-sex tourists. The United Nations 

Children's Education Fund (UNICEF) released a report in 1997 estimating commercial-sex 

workers in Asia could number more than 2 million, with about half being children. 398 ECPAT, 

however, also reports increasing evidence of children being exploited in former Eastern Bloc 

countries. Reports of children entering prostitution, being exploited by foreigners and aid 

workers, and trafficked to Western European brothels are coming from the Czech Republic, 

Poland, Romania, and Russia. 399 Evidence also shows foreign pedophiles are visiting these 

countries and establishing local networks. Children in orphanages and on the street appear 

especially vulnerable. 4°° 

The Impact on Children 

The commercial-sexual exploitation of children through child-sex tourism violates their fundamental rights and prevents them from leading the "productive, rewarding[,] and dignified lives" 

to which they are entitled? °~ In addition, prostitution causes damaging health and psychological 

effects. Significant psychological effects associated with the prostitution of children include posttraumatic stress disorder, impairment of attachment, lowered self-esteem, and problems in 

interpersonal relationships. 4°2 

Clearly, prostituted children are at a high risk for sexually-transmitted diseases and related 

health concerns. In Mwanza, Tanzania, more than 7 percent of street children acquired a sexually-transmitted disease in the course of one year, while in Brazil some of the most prevalent 

risk factors for street children include high levels of previously contracted sexually-transmitted 

diseases and low and inconsistent use of condoms? °3 

There is also a high risk that young prostituted girls will become pregnant and give birth to 

premature newborns with low birth weights and other complications. 4°4 In developing nations, 

access to pre-natal care is limited, especially for the population of sexually-exploited girls who 
have little money and an unstable support system. Furthermore, children who are taken 

to foreign countries may not speak the local language and therefore have more difficulty 

negotiating safer-sex practices or escaping their captors. 

The Causes 

As in the United States, children in other countries enter prostitution through exploitation of their 

lack of emotional security and self-esteem, homelessness, unemployment, or abuse and neglect. 

Other contributing factors that exacerbate the vulnerability of children to commercial-sexual 

exploitation include inequitable socio-economic structures, dysfunctional families, lack of 

education, urban-rural migration, gender discrimination, and harmful traditional practices.4°5 

Poverty and Other Economic Factors 

Abject poverty often contributes to the sale of children for prostitution. In some villages in the 

rural north of Thailand, it has become commonplace for families to send their daughters into the 

sex trade. 4°6 Networks of agents encourage impoverished parents to give up their children in 

return for financial support. Also on the increase is the illegal trafficking of children forced into 

prostitution after being stolen from their homes in poor communities and neighboring countries. 407 

Some advocates, however, claim poverty cannot be used as an explanation for the childsex trade. Although poverty may contribute to an environment leading to the sexual exploitation 

of children, 4°8 many poor societies do not have a high incidence of prostitution of children, so 

poverty alone cannot explain its occurrence. 4°9 Rather, a greater level of family dysfunction and 

a cultural acceptance of prostitution of children may pose the greatest risks. 41° Growing consumerism and the commodification of sexuality 4~1 may also be contributing to an increase in the 

prostitution of children. 

Many countries also focused on tourism as a means for economic development. Thailand 

was encouraged by aid and development organizations, including the World Bank, to supplement its exports with tourism as part of its development strategy. 41~ The International Labor 

Organization (ILO) notes that development can be very disruptive, creating new and highly 

mobile and migration-prone communities resulting in breakdowns in traditional and community 

systems. In addition, Asia's previous rapid economic growth, and now recent slide, may exacerbate the problem. 4~3 

Military Presence 

Some observers attribute the root of the sex-tourism trade in Asia to the presence of the 

United States military in Thailand and elsewhere over the past several decades. 414 The sex 

trade flourished as a result of soldiers on leave from nearby bases, and young girls were 

inevitably caught up in meeting the demand. 

Attitudes About HIV and Other Sexually-Transmitted Diseases 

With the emergence ofHIV andAIDS as a threat to world health, some offenders turn to young 

children because they believe children pose less risk of infection. Many sex tours advertise the 

youngest children as the safest, yet young children are actually at the greatest risk of infection 

due to their underdeveloped physiques and susceptibility to injury. 415 
Young children lack the capacity to adequately negotiate for safer-sex practices and are less 

likely than adults to insist on the use of condoms, thereby putting themselves and their clients at 

much greater risk for HIV infection. In Thailand, the highest risk group for HIV infection (after 

newborns born to infected mothers) are the street children forced to work in brothels, bars, and 

restaurants. 416 Also at work in some cultures is the deadly fallacy that AIDS can be cured by 

having sex with a child. 41v 

Inadequate Laws and Enforcement 

Other contributing factors include government "corruption and collusion, absence of or 

inadequate national laws, lax law-enforcement measures, and limited sensitization of lawenforcement personnel to the harmful impact of prostitution on children. ''418 In many countries, 

laws are not strenuously enforced and punishments are weak. Authorities have been known to 

accept bribes, especially in Western currency, and some are even part owners of brothels and 

prostitution enterprises. 

By the 1990s many Asian governments claimed to be working towards the elimination of 

child prostitution. Yet their dependency on the industry for revenue has been evident in the lack 

of policy enforcement. 419 In fact, sex tourism is sometimes readily encouraged by the governments that depend on the sex industry for revenue. A recent report from ILO, The Sex Sector." 

The Economic and Social Basis of Prostitution in Southeast Asia, examined commercial-sex 

work in four countries--Indonesia, Malaysia, the Philippines, and Thailand. The report found 

that the sex sector accounts for anywhere from 2 to 14 percent of these countries' Gross 

Domestic Product (GDP), and government authorities collect substantial revenues in areas 

where prostitution thrives, either illegally from bribes and corruption or legally from licensing 

fees and taxes on hotels, bars, and restaurants. 42° The lucrative nature of the sex trade also 

attracts criminal syndicates and networks worldwide. 

Furthermore, some travel agencies, Internet chat rooms and message boards, and organizations such as NAMBLA (North American Man Boy Love Association) not only encourage 

child-sex tourism, but give detailed instructions on how to partake in it. 42~ The existence and 

encouragement of such groups in addition to the marked laissez-faire attitude of a number of 

governments greatly frustrates attempts at eliminating the child-prostitution industry. 

The Sex Tourists 

Child-sex tourists are generally men, although women have been known to employ foreign 

prostituted children as well. They are both homosexual and heterosexual. 42z Some sex tourists 

travel from their home country to another solely for the purpose of committing a sexual act with 

a child. Others travel for business or vacation, but then become tempted by the availability of 

prostituted children or attracted by offers from tour companies and local establishments. Some 

child-sex tourists are service men based away from home or expatriots who have taken up 

residence in a foreign country. 4z3 Even United Nations peacekeepers have allegedly participated 

in the sexual exploitation of children, compromising many of the international legal mechanisms 

aimed at eradicating the practice. 424 

In general, child-sex tourists travel to poorer countries from economically developed ones. 

ECPAT compiled data from 1991 to 1996 on 240 foreigners who sexually abused children 

in Asia during the previous seven years and were arrested, imprisoned, deported, or escaped 

without penalty. From this group, 24-25 percent were from the United States, 16 percent were 
3~ 

German, 13 percent were British, 12 percent were Australian, and 7 percent each were French 

and Japanese. 425 

Child-sex tourists generally choose locations that combine widespread poverty with a welldeveloped and highly commercialized sex industry.426 There are some sex tourists, however, 

who travel from poorer countries such as Argentina, India, and Mexico, and a number of 

affluent sex-tourist destinations exist in places such as Amsterdam, Las Vegas, and New 

Orleans.a27 

Child-sex tourists often exhibit indifference or ignorance to the harmful consequences 

suffered by the prostituted children and perpetuate the view of children as economic 

commodities. 428 They believe the women and children they exploit are a different class 

of human beings. 429 They often describe foreign cultures as more "open, .... natural," and 

"free" than Western culture. And even if they consider the damaging effects of adult-child 

sexual contact, they convince themselves that the harm has already been inflicted by someone 

else and their own acts of abuse are not, therefore, the real crime. 43° 

Additional factors leading sex offenders to maintain a feeling of safety include the anonymity 

of visiting a foreign cotmtry and the ability to plead ignorance of local customs and language. 

Child-sex tourists often also benefit from local citizens' reluctance to report crimes. There is 

frequently a perception that the criminal-justice system does not function effectively. Corrupt 

officials and judicial systems that lack true independence can discourage victims from coming 

foFward. 431 Finally, local clientele of prostituted children exacerbate the problem of sexual 

exploitation and often comprise the majority of patrons of prostituted children. In Thailand, 

86 percent of patrons are local. 432 As one advocate from Argentina stated, "We don't need 

people to come from abroad to rape our children--we are raping them ourselves. ''433 

Legal Analysis 

International Treaties, Conventions, 

and Programs 

Numerous treaties, United Nations (UN) conventions and programs, and other intemational 

initiatives address the commercial-sexual exploitation of children through prostitution and 

sex tourism. All attest to the importance placed on eradication of child prostitution by the 

international community. Unfortunately, the international instruments have varying degrees 

of enforceability and often rely entirely on the voluntary cooperation of nations. 

Treaties 

Treaty-based mechanisms, which bind only those having ratified them, mostly address 

suppression of "white slave" trafficking. Among these are the International Agreement 

for the Suppression of the White Slave Traffic and the International Convention for the 

Suppression of White Slave Traffic. Also applicable are the Convention for the Suppression 

of the Traffic in Persons and of the Exploitation of the Prostitution of Others; 434 the Slavery 

Convention of 1926; and the 1956 Supplementary Convention on the Abolition of Slavery, 

the Slave Trade, and Institutions and Practices Similar to Slavery. 435 
United Nations Charter-Based Mechanisms 

United Nations Charter-based mechanisms, which bind all UN members, 436 include the UN 

Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and 

Protection of Minorities and the Working Group on Contemporary Forms of Slavery. The 

Working Group is mandated to review developments in the field of slavery and slavery-like 

practices. The main theme of the Working Group's 1991 session was "prevention of traffic 

in persons and the exploitation of the prostitution of others. ''43v Statements submitted to the 

Working Group by governments, however, suggest states often see trafficking in children as 

a social ill rather than a criminal problem, 438 making them less likely to bring the force of criminal 

sanctions to bear on sexually-exploitative practices. 

In 1989, the Working Group began an investigation into the sale of children, child prostitution, and child pornography. In 1990 the Commission on Human Rights appointed a Special 

Rapporteur on the Sale of Children, Child Prostitution andChild-Pomography to monitor 

and assess the current status of nations regarding these matters worldwide and to make 

specific recommendations for action. The Special Rapporteur receives information from 

member countries and submits annual reports to the Commission on Human Rights containing 

general and specific recommendations for consideration by UN bodies, states, and national 

organizations. 

These efforts culminated in a comprehensive international approach to child-sex tourism 

through the Programme for Action for the Prevention of the Sale of Children, Child Prostitution 

and Child Pornography, adopted by the UN Commission on Human Rights in 1992. 439 

The Programme calls for better cooperation among law-enforcement agencies including 

INTERPOL; information and education about prostitution of children; development programs 

to eradicate poverty; severe penalties for patrons and procurers; rehabilitation and reintegration 

programs; and increased international cooperation on all levels. 44° In addition, the Commission 

on Human Rights in 1994 set up a special session of the Working Group to examine drafting a 

convention specifically on the sale of children, child prostitution, and child pornography. 441 

International Conventions and Covenants 

ILO has several conventions addressing forced labor including prostitution of children. 

These include the Forced Labor Convention (No. 29) of 1930, later reinforced by the 

Abolition of Forced Labor Convention (No. 105) of 1957? 42 Specifically, its Committee 

of Experts on the Application of Conventions and Recommendations has identified the use 

of children for prostitution as "one of the worst forms of forced labor. ''443 And the International 

Program on the Elimination of Child Labour (IPEC) includes efforts to end child prostitution in 

its mandate. 444 

The International Covenant on Civil and Political Rights (ICCPR) states that parties have 

an obligation to protect people against being trafficked for prostitution. Article 8(1) of the 

Covenant specifically asserts "no one shall be held in slavery; slavery and the slave trade 

in all their forms shall be prohibited. ''445 

The UN Convention on the Elimination of All Forms of Discrimination Against Women also 

addresses sex tourism as "incompatible with the equal enjoyment of rights by women and with 

respect for their rights and dignity. [It puts] women at special risk of violence and abuse. ''446 

The Committee on the Elimination of Discrimination Against Women addresses the prohibition 

on trafficking in women under the Women's Convention. 447 And the UN Commission on Human 
Rights can use resolutions regarding its sessions to publicly identify governments that consistently 

fail to fulf'fll their obligation to implement and enforce measures against trafficking. 

The UN Convention on the Rights of the Child 

The most significant of all international instruments is the 1989 United Nations Convention on 

the Rights of the Child (UNCRC). The Convention expressly condemns the sexual exploitation 

of minors in prostitution and illegal sexual practices. 448 Despite the United States' failure to ratify 

the Convention (it became a signatory in 1995), the UNCRC enjoys universal support around 

the world--191 nations are parties to its terms. 449 

Under Article 1 of the UNCRC, a child is defined as every person who is younger than 18 

years of age unless majority is obtained earlier under national law. Article 19 protects children 

from all forms of abuse, neglect, and exploitation by parents and others, and obligates states to 

undertake prevention and treatment programs to this end. Most importantly, Article 34 specifically requires states to protect children from sexual exploitation and abuse including prostitution 

and involvement in pomography. And Article 35 obligates states to prevent the abduction, sale, 

and trafficking of children. 

The UNCRC established a Committee on the Rights of the Child for the purpose of monitoring the progress of the parties, who must make periodic reports to the Committee; however, 

the Committee lacks authority to receive petitions from states or individuals alleging violations 

of the Convention, and the Convention offers no remedies. 45° Despite this limitation, the Committee is useful to NGOs working on children's rights as an intemational framework through 

which they can more effectively pursue their agenda, and the Convention helps establish a 

uniform international standard. 451 

An Optional Draft Protocol to the UNCRC has been circulated among member states. 

The Draft Protocol deals specifically with the sexual exploitation of children and was adopted 

in late 1 993 at the Second International Workshop on National Institutions for the Promotion 

of Human Rights. The Draft Protocol calls on party states to cooperate with other states to 

further the prevention, detection, prosecution, and punishment for crimes of sexual exploitation 

of or trafficking in children. 452 

Article 2(a) of the Draft Protocol provides that states will agree to pass national legislation 

making sexual exploitation of children a crime subject to universal criminal jurisdiction, giving all 

states jurisdiction over the crime regardless of where it was committed or the alleged offender's 

nationality. 453 Article 2(c) obligates parties to enact extraterritorial jurisdiction that ensures their 

national legislation extends to crimes of sexual exploitation of or trafficking in children committed 

in other states by their own nationals, residents,corporations, or associations. 454 While the Draft 

Protocol includes helpful measures against child-sex tourism, there is doubt that it will ever be 

formally adopted. 455 

First World Congress Against Commercial Sexual Exploitation of Children 

Programs and initiatives under the auspices of international organizations help raise the level 

of awareness regarding child-sex tourism worldwide and promote action on both national and 

international levels. In 1996, the First World Congress Against Commercial Sexual Exploitation 

of Children was convened in Stockholm, Sweden, as a forum to develop strategies for an 

intemational response. The Congress was organized by ECPAT and hosted by the government 

of Sweden in collaboration with UNICEF and the Group for the Convention on the Rights of 

the Child, an NGO. 
The World Congress adopted a Declaration and Agenda for Action that calls upon states to 

• Accord high priority to action against the commercial-sexual exploitation of children and 

allocate adequate resources to the effort 

• Promote stronger cooperation between States and all sectors of society and strengthen the 

role of families 

• Cfiminalize the commercial-sexual exploitation of children by condemning and penalizing the 

offenders while ensuring the child victims are not penalized 

• Review and revise laws, policies, programs, and practices 

• Enforce laws, policies, and programs 

• Promote adoption; implementation; and dissemination of laws, policies, and programs against 

the sexual exploitation of children 

• Develop and implement comprehensive, gender-sensitive programs to protect and assist child 

victims and facilitate their recovery and reintegration into society 

• Create a climate to ensure parents and others protect children 

• Mobilize political and other partners, national and international communities, including NGOs 

and intergovernmental organizations, to assist other countries in elimination of commercialsexual exploitation of children 

• Enhance popular participation including that of children 456 

The Agenda for Action highlights existing international commimaents, identifies priorities for 

action, and assists in the implementation of relevant international instruments. It calls for action 

from governments; all sectors of society; and national, regional, and international organizations 

against the commercial-sexual exploitation of children. It emphasizes cooperation, prevention, 

and protection of children; recovery; and rehabilitation. In addition, it promotes the participation 

of children in developing and implementing government programs designed to help them. 

The World-Tourism Industry 

The world-tourism industry has substantial influence and ability to discourage and act against 

child-sex tourism. The Tourism Bill of Rights and Tourist Code, adopted in 1985, established 

standards of conduct for states, tourism professionals, and tourists on the issue of sexual 

exploitation. One of the most important elements of this policy is a call to action for states 

and individuals to work to prevent the use of tourism for the exploitation of others through 

prostitution. 457 

The Universal Federation of Travel Agents'Associations has produced a Children's and 

Travel Agents' Charter that pledges to give assistance to various organizations concemed with 

the welfare of child victims of sex tourism "to help restore the dignity, physical[,] and mental 

health to such children. ''458 The tourism industry is actively working to eliminate sex tourism 

by distributing pamphlets and information discouraging sex with children, particularly in Asian 

countries. Below is a list that provides examples of these prevention strategies. 

• In Asia the Tai Kaoshiung Hotel Association and the Taipei Hotel Association initiated 

campaigns to combat child prostitution in tourism in that region by disciplining any members 

known to encourage prostitution of children in their rooms. They also hung anti-child-prostitution plastic cards in front of the hotel reception. 
• Australian customs agents have, at their counters, leaflets warning against child-sex tourism. 

The agents often directly hand the leaflets to male travelers who are bound for Asian sextourism destinations. 

• The French travel industry and government ministries produced a leaflet warning against 

prostitution of children. More than 1 million had been distributed as of August 1996. 

• The German government contracted with 12 tour operators who agreed to ensure there 

would be no prostitution of children in their partner hotels, inform their customers about 

the background and impact of prostitution on children, and train their hotel and tour guide 

staff accordingly. 

• In Norway, Redd Barna and Den Norske Reisebransjeforeningen (Norwegian Tourist 

Agency) produced a brochure warning against the spread of AIDS and the prostitution 

of children. 

• Beginning in the late 1970s and early 1980s, German Condor flights to Colombo, Sri Lanka, 

showed a 28-minute film on how tourists should behave including discouraging the hiring of 

prostituted children. 

• In Sweden, the aid agency Radda Barnen produced an imaginative card inserted in airline 

tickets to Asia warning tourists against the sexual exploitation of children. 

• In 1995 a pamphlet produced in Thailand was distributed to foreign tourists through hotels 

and shops carrying the message, "Sex with children is a crime. ''459 

In 1992, a Swiss NGO took court action against a travel agency for arranging sex tours 

in developing countries, resulting in its exclusion from the Swiss Federation of Travel Agencies 

and eventual shut down. 46° 

Unfortunately, there are still numerous small travel companies throughout the world that 

promote sex tourism by identifying resorts where prostitution is widespread. Because these 

companies are so small, they rarely draw attention from law enforcement. 461 Also, tourism 

bodies in the United States have done little to educate travelers about child-sex tourism. While 

the International Air Transport Association has passed a resolution against child-sex tourism, 

the US equivalent has not. ECPAT-USA, in an effort to increase such domestic efforts, has 

developed a brochure for travel agents to distribute to citizens of the United States who buy 

tickets to known sex-tour destinations. The brochure informs them of the reasons many children 

find themselves being prostituted and sets forth the penalties under the Mann Act of traveling 

abroad to engage in child-sex tourism. 

The combination of these various international efforts aimed at ending the commercial-sexual 

exploitation of children brings increased attention to the issues, heightens public awareness, and 

places greater international pressure on governments to take definitive action. 

The more trafficking is made the target of international disgrace, the better the 

chance of significant implementation and enforcement of the existing wealth of 

words against trafficking for prostitution. 46z 

National Laws 

In response to calls for improved laws to address the commercial-sexual exploitation of children 

and hold offenders accountable, many countries have passed new statutes or are considering 

amendments to their national laws. 463 While offenders can be punished under the laws of the 
country where an offense is committed, lax law enforcement, weak laws, and limited government resources in the destination countries often make attempts to prosecute offenders 

ineffective. Many offenders escape punishment by bribing local officials or simply leaving 

the country's jurisdiction. 

Legislative Initiatives by Destination Countries 

Several destination countries have recently strengthened their laws addressing the prostitution of 

children in an effort to stem the influx of sex tourists and protect their children from exploitation. 

• Philippines. The Philippine government has increased attention on foreign child-sex 

tourists and promoted the Special Protection of Children Against Child Abuse, Exploitation 

and Discrimination Act. 464 The Act creates criminal offenses aimed at patrons, procurers, 

advertisers, pimps, and brothel owners. 465 The child is considered the victim of exploitation, 

and the Act created a legally rebuttable presumption that an adult found with an unrelated 

child in a hotel room is engaging in sexual exploitation. Another section provides that convicted foreigners will be deported and banned from returning, but only after serving their 

sentences. 466 

• Thailand. The government of Thailand also recently increased its measure against child-sex 

tourism. While the Prohibition of Prostitution Act prohibits all forms of prostitution in Thailand 

and holds those involved in the criminal sex trade liable, it exempts customers and suffers 

from inconsistent enforcement. 467 Thailand's statutory-rape law, however, allows for prosecution of customers who have sexual intercourse with a girl 1 5 years old or younger and 

subjects them to a 7- to 20-year sentence and fine. If the victim is younger than 13 years 

of age, the sentence is life imprisonment. 468 

Several other countries have also responded to the call for stricter national laws and 

increased penalties to fight sexual exploitation of children within their borders. The Czech 

Republic provides for prosecution of those who traffick in children, 469 while the Portuguese 

government has moved to tighten laws that would make it a crime to profit from prostitution, 

either directly or indirectly, although prostitution itself has long been illegal. 47° 

Legislative Initiatives by Sending Countries 

The responsibility for curbing child-sex tourism cannot rest solely with the destination countries. 

Sending countries must also act to punish those who travel to sexually exploit children. More 

recent efforts, therefore, have turned to holding child-sex tourists accountable in their home 

countries. These statutes take several forms. One statutory approach is to extend the reach 

of domestic laws through extraterritorial jurisdiction (i. e., to hold nationals accountable for 

actions committed abroad that would violate domestic laws if committed within the sending 

country). The German and Swedish laws are examples of this approach. 

• Germany. The Criminal Code of Germany was amended in 1993 to allow prosecution of 

Germans who travel for child-sex tourism. The German law allows prosecution of citizens 

for engaging in sexual activity with a child who is younger than 14 years of age, regardless 

of where the act occurs, and may be applied to criminal acts abroad including "criminal acts 

against sexual self determination. ''47t It also imposes stricter penalties; however, the law can 
~z 

be applied only to citizens who reside in Germany. While the severity of Germany's penalties 

compares to other sending countries, the statutes do not encompass those who organize sex 

tours or procure children for others .472 

• Sweden. The Swedish criminal code allows for extraterritorial jurisdiction in criminal cases. 

A person who has committed a crime outside the Realm shall be tried according to 

Swedish law and in a Swedish court if the person is 

1. A Swedish citizen or an alien domiciled in Sweden 

2. An alien who, after having committed the crime, has become a Swedish citizen or 

has acquired domicile in the Realm or who is a Danish, Finnish, Icelandic, or Norwegian 

citizen and is present here or 

3. Some other alien, who is present in the Realm and the crime is punishable according 

to Swedish law by imprisonment for more than six months. 

The first paragraph shall not apply if the act is not punishable under the law at the place 

it was committed. 473 

Although the statute imposes a double criminality requirement (i.e., that the offense must 

also be a crime in the destination country), the requirement does not apply to prosecutions 

of "grave crimes" punishable under Swedish law by a minimum of four years incarceration. 474 

Under Swedish law, aggravated rape, which applies to rape of a child who is younger than 

1 5 years of age, carries a punishment of 4 to 1 0 years. 475 Rape of a child who is younger 

than 1 8, however, does not carry a 4-year minimum sentence, and the extraterritoriality 

statute therefore does not protect children between 1 5 and 1 8 years of age from abuse by 

Swedish nationals abroad. 476 Sweden's criminal code also punishes those who promote 

prostitution. 477 

Another statutory approach is to directly outlaw travel to foreign countries to engage in 

sexual relations with children. 

• Australia. Australia's Crimes (Child-Sex Tourism) Amendment Act of 1994 criminalizes 

sexual intercourse with someone who is younger than 16 years of age while outside of 

Australia and applies to Australian citizens or residents of Australia. 478 Australian corporations and other corporate bodies whose principal activities are carried out in Australia, as 

well as citizens or residents, can be charged under provisions that make it an offense to 

encourage, advertise, benefit from, or assist a person to travel in order to sexually exploit 

minors who are younger than 16 years of age. 479 Both offenses carry a maximum penalty 

of 1 7 years imprisonment. 

In comparison to Australia's statute prohibiting conduct abroad, the United States' statutory 

approach is to focus on the offender's intent. 

• United States. In 1994 Congress amended Section 2423 of Title 18 of the United States 

Code by adding subsection (b) to prohibit travel "in foreign commerce" with the "intent to 

engage in sexual acts with a juvenile." The section states 

(b) Travel with [the] intent to engage in sexual act[s] with ajuvenile.--A person who travels 

in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for 

permanent residence in the United States who travels in foreign commerce, or conspires to do 

so, for the purpose of engaging in any sexual act (as defined in section 2246) with a person 
[who is younger than] 18 years of age that would be in violation of chapter 109A if the sexual 

act occurred in the special maritime and territorial jurisdiction of the United States shall be fined 

under this title, imprisoned not more than 15 years, or both. 48° 

Proof of actual sexual acts is not required; only proof of travel with the intent to engage in 

sexual acts with a minor. The intent, however, must be formed prior to traveling, and such intent 

may be difficult to prove without direct evidence such as travel arrangements booked through 

obvious child-sex-tour networks or operations. There is also some question whether the statute 

could be applied to offenders who engage in opportunistic child-sex tourism (i.e., those who 

travel abroad without the intent to engage in sexual acts with a child but then do so when 

presented with the opportunity). 

In addition to Australia, Germany, Sweden, and the United States, several other countries 

have adopted variations on child-sex-tourism legislation, although this list is not exhaustive. 

• France. A 1994 French law punishing sexual abuse of children by French citizens abroad 

was enforced for the first time when France jailed 7 pedophiles for 2 to 15 years on charges 

of sex tourism. It also banned most of the defendants from leaving France for 5 years. The 

child victims were from Romania and Thailand. 48~ 

• Ireland. Ireland passed new laws in 1998 on child trafficking and pornography with life 

sentences for offenders who organize or knowingly facilitate child trafficking. 482 

• Japan. Japan has a drat~ bill before its legislature that would severely punish those caught 

engaging in sex with children and those who go on child-sex tours. The maximum penalty 

is a 5-year prison sentence or a fine of 1 million yen. Offenders who organize sex tours 

or deal in or display child pornography would be subject to a 3-year maximum sentence 

or fine of 3 million yen. 483 

• New Zealand. Under a 1995 New Zealand law, those who commit sex offenses abroad 

face the same penalties that apply to an offense committed in New Zealand. 484 In addition, 

organizers or promoters of child-sex tours now face a maximum penalty of seven years in 

prison. 485 

• The United Kingdom. Part Two of the Sex Offenders Act 1997 gives courts in the United 

Kingdom jurisdiction to prosecute those who travel abroad to commit sexual offenses against 

children. The Sexual Offences (Conspiracy and Incitement) Act 1996 allows courts to 

prosecute those who organize trips abroad for child abusers. 486 

Suggested Elements 

Countries that have tightened their national laws against child-sex tourism have taken different 

approaches. Combining these approaches can result in a comprehensive statute encompassing 

all potential activities supporting the sexual exploitation of children through prostitution. Such a 

law would include each of the provisions noted below. 

• Age of Protection. The UN Convention on the Rights of the Child sets the age of protection 

at 1 8; however, many countries set the age of protection in their national laws between 1 3 

and 1 7. As the Special Rapporteur on the Rights of the Child, Sale of Children, Child Prostitution and Child Pornography has noted, "[i]fthere is a problem with national law, it is the 

question of the age of consent and its interrelationship with child prostitution. ''487 A compre- 
hensive child-sex-tourism statute should provide protection to all children up to 1 8 years 

of age. 

In many cases of sexual exploitation, especially in underdeveloped countries without 

adequate registration and identification of all their citizens, it is difficult to determine the 

exact age of a child. One way of overcoming this obstacle can be found in Australia's 

Child Sex Tourism statute. It allows the court to use the child's appearance, medical 

or other scientific opinion, a document that is or appears to be an official or medical 

record from another country, or a document that is or appears to be a copy of such 

a record to establish the child's age. 488 

• Extraterritorial and Universal Jurisdietion. The Optional Draft Protocol for the UN 

Convention on the Rights of the Child obligates parties to enact extraterritorial jurisdiction 

to ensure that national legislation extends to crimes of sexual exploitation involving their 

own nationals, those resident or domiciled within the country, or corporations or associations 

operating within their borders .489 It also calls for provisions making the sexual exploitation 

of children a crime subject to universal criminal jurisdiction, giving all states jurisdiction 

regardless of the offender's nationality or the location of the offense. 49° 

• Comprehensive Domestic Laws. National legislation addressing the sexual exploitation 

of minors within each country should be strengthened, especially in destination countries. 

All countries, however, should protect their own children from exploitation from abroad 

and at home through criminal penalties for child abuse, rape, sexual assault, and all forms 

of sexual exploitation. 

• ProhibitionsAgainst Travel to Engage in Criminal-SexualActs with Minors. The 

patrons of prostituted children should be targeted and punished for traveling abroad to 

engage in sexual activities with minors. Travel with the intent to commit such acts should 

be included to cover those offenders who embark on child-sex tours but through law enforcement or other intervention are not successful in their purpose. 

• ProvisionsAimed At Sex-Tour Operators. National legislation should be broad enough 

to encompass the activities of travel agents, sex-tour operators, advertisers, and pedophile 

networks. 491 Australia's Child Sex Tourism Act provides an example of language, to cover 

such individuals, stating that it is an offense to encourage, advertise, benefit from, or assist 

a person to travel in order to sexually exploit minors. 492 

• ProvisionsAimedAt Traffickers and Procurers. Comprehensive legislation should 

include provisions aimed at traffickers and criminal networks that operate prostitution tings, 

including racketeering activities. The provisions should protect children from being trafficked 

both within countries and across borders. 493 

• Provisions for Children Who Testify. The children who testify against their exploiters 

should be afforded the greatest protection and support possible. Their testimony should 

be facilitated with the least disruption to their lives and rehabilitation. States can look to 

the Australian child-sex-tourism statute, which provides for evidence given by video link. 

The court may direct a witness to give evidence by video link if 

(a) the witness will give the evidence from outside Australia and 

(b) the witness is not a defendant in the proceedings and 

(c) the facilities required by section 50C are available or can reasonably be 

made available and 
(d) the court is satisfied that attendance of the witness at court to give evidence 

would not 

(i) cause unreasonable expense or inconvenience or 

(ii) cause the witness psychological harm or unreasonable distress or 

(iii) cause the witness to become so intimidated or distressed that his 

or her reliability as a witness would be significantly reduced and 

(e) the court is satisfied that it is consistent with the interests of justice that 

evidence be taken by video link. 494 

Court-based, victim-assistance services should be available to the victim as well. 

[] Strong Extradition Provisions. National legislation should promote strong extradition 

agreements and other arrangements to ensure that a person who exploits a child for sexual 

purposes abroad is prosecuted in one or the other country. 

[] Strict Sentences. All violations under the legislation should carry strict sentences with true 

deterrent effect. Sentencing provisions should include aggravating factors and enhancements 

for the special youth and vulnerability of the victims. There should also be travel restrictions 

placed on convicted pedophiles. 

[] Forfeiture. Convicted defendants should be subject to forfeiture provisions that allow 

confiscation of property, proceeds, or assets that resulted from the prostitution activities. 495 

The confiscated funds could be used to support programs for formerly prostituted children, 

children at risk of being prostituted, and victims who need special care. 496 

[] Restitution for Victims. Convicted defendants should be subject to restitution provisions 

that compensate the victim for losses incurred as a proximate result of the criminal activity. 

These provisions should apply in addition to forfeiture provisions. Prostituted children should 

at a minimum be entitled to medical or counseling expenses to help them resume a normal life. 

Joint Law-Enforcement Efforts 

In addition to improved national legislation and international agreements, child-sex tourism can 

be attacked through innovative and comprehensive law-enforcement initiatives that effectively 

enforce laws already in place. Because collaboration is essential to a comprehensive response, 

mutual cooperation between countries can aid in such enforcement. Law-enforcement agencies 

with greater experience in child-sexual exploitation can collaborate on investigations or provide 

expert training, especially on investigative techniques for sexual offenses against children and 

how to target foreigners. These efforts can also include a network of contacts for the gathering 

of evidence and monitoring mechanisms for the effective imposition of sanctions. 

Thailand and the United Kingdom have entered a Treaty of Mutual Assistance on Criminal 

Matters to boost police cooperation in fighting traffickers and child-sex tourists. 497 The United 

Kingdom has a similar agreement with the Philippines by which police from both countries 

exchange intelligence on known and suspected pedophiles. 498 Australian federal police 

maintain a database of suspected or active pedophiles, including 330 potential offenders 

under the Child Sex Tourism Act and can share it with other police officials. Australia also 

recently entered into a Memorandum of Understanding with the Philippine government to 

cooperate in the exchange of information relating to child-sexual exploitation. ''499 

Under Thailand's Extradition Act and Mutual Legal Assistance in Criminal Matters Act, the 

attorney general can provide assistance in criminal matters to foreign countries including taking 
the testimony and statements of witnesses and providing documents, records, and evidence to 

the requesting state. 5°° 

The United States also participates in joint training efforts as requested by other countries, 

and in 1998 the President issued a White House Memorandum outlining"Steps to Combat 

Violence Against Women and Trafficking in Women and Girls? '5°1 The Memorandum calls 

on various government agencies to increase their response to requests for partnerships, expert 

guidance, and technical assistance including increased services for victims and expanded public 

awareness of these issues. It also directs the agencies to examine existing laws and strengthen 

them when they are found lacking. Specific mention is made ofjoint efforts with the Ukraine, 

and the President's Interagency Council on Women is directed to convene a group of governmental and non-governmental groups from around the world to develop strategies to combat 

trafficking. The United States has a similar initiative with Italy to combat trafficking. 5°2 

In 1992 the international policeorganization 1NTERPOL established a Standing Working 

Party on Offenses Against Minors that aims to improve transnational cooperation in preventing 

and combating child prostitution2 °3 The Standing Working Party understands the need for 

training and provides a "Pilot Training Program for Law Enforcement Officials: Juveniles, 

Human Rights and the Administration of Juvenile Justice" in selected destination countries 

to improve the justice-system response. 5°4 It is also looking at legislation on child pornography 

and the prostitution of children, international cooperation efforts, development of a liaison 

network, and other general measures on victim assistance, police structure, missing children, 

free telephone help lines, prevention models, training, research, and statistics. 5°5 

Policy and Practice Issues 

Cooperation Among Law-Enforcement Agencies 

Greater cooperation and intelligence-sharing between police and other agencies is an important 

step toward combating the growing problem of child-sex tourism on a global scale. Lawenforcement agencies around the world should be encouraged to share relevant data and 

assist each other on investigations in an effort to crack down on child-sex tourism. When 

counter-measures are successful in one country, law enforcement will need to expand its 

activities to keep the problem from relocating to another. 

The criminal-justice system needs to devote greater resources to combating the child-sex 

trade, provide child-friendly facilities, and train law-enforcement personnel on child development and related issues. Law enforcement should also look to innovative approaches that 

change some of the current practices regarding how prostituted children are treated--for 

instance, by treating prostituted children as victims of sex abuse rather than criminals and 

to target pimps and procurers instead. The quality of the criminal-justice-system response 

as a whole must be improved including holding corrupt government officials liable. 5°6 

Prevention, Rehabilitation, and Reintegration 

Strong partnerships between governments, international organizations, and all sectors of society 

are essential. 5°7 These include communities, NGOs, religious organizations, teachers, doctors, 

women's groups, the media, and the business sector? °8 This collaborative effort must address 

prevention, rehabilitation through counseling, temporary housing and protection, and, finally, 

reintegration through education and employment training. 
The World Congress Against Commercial Sexual Exploitation of Children called upon 

the business sector, including the tourism industry, to mobilize, and encouraged media professionals to develop strategies to strengthen their role in combating the prostitution of children. 5°9 

The media has considerable power over how the prostitution of children is perceived. While 

coverage is often sensationalized, responsible media efforts can provide constructive help in 

emphasizing programs that provide education and care while championing public education 

campaigns that promote responsible tourism. 5~° 

Other prevention measures include improved access to education, health services, 

vocational training, and supportive environments for at-risk children and their families. 5~1 

Governments and social-service agencies need to create safe havens for children, support 

recovery and reintegration programs, and promote alternative means of employment. 5~2 They 

also need to tackle the cultural and traditional practices that predispose children to involvement 

in thesex trade.5 ~ 3 

Adequate support services for child victims and their families are integral to the prevention 

of further exploitation. Legal sanctions are insufficient without socio-medical and psychological 

interventions to create behavioral change, 514 including educational programs to help children 

fight against prostitution. 515 The point of intervention may sometimes even be the mothers of 

at-risk children. 

If mothers are turning to prostitution, if they are victims of domestic sexual abuse 

and violence, or if they are victims of incest in their own childhoods.., the necessary point of intervention must be in the state of women and the way in which they 

are perceived and treated within society. 5 ~6 

Rehabilitation programs are also essential, and some are already under way in the countries 

with some of the greatest child-sex-tourism problems. In the Philippines, Childhope Asia 

Philippines attempts to put 25 - 30 formerly prostituted teenagers through a pre-employment 

skills training and rehabilitation program every 3 months. The program provides out-of-city 

secure housing; education; values clarification; family reunification; and appropriate vocational 

training including budgeting, accounting, and marketing skills. 5t7 The Thai government has also 

funded a project to rehabilitate 500 child victims of prostitution in 17 provinces; half of the 

funding will be spent on education programs for girls. 5t8 

The Daughters Education Program (DEP) in Thailand also provides alternative-education 

programs, including leadership and skills training, for girls at risk who may come from families 

of former.prostitutes, broken homes, or families with substance-abuse problems. 5~9 The threefold goals of DEP are to 

• Prevent girls at risk from being forced into the sex industry due to outside pressure and a lack 

of educational and employment alternatives 

• Improve the material, social, and spiritual quality of life for these girls and their communities 

• Encourage girls, especially those from hill tribe villages, to be proud of their cultures and 

customs 52° 

The program also provides an information center and training and education for parents. 

Rehabilitation and reintegration programs such as these can serve as models for others, and 

governments should devote the necessary resources to recreate them wherever possible. 
The responsibility to eliminate the sexual exploitation of children through prostitution rests 

with governments, parents, social and legal organizations, law enforcement, the criminal-justice 

system, and society as a whole. It is only with combined efforts that the goal of dignified, valued, 

and respected lives for all children, at home and abroad, can be achieved. 

Alabama 

§ 13A-12-111 (1996) 

§ 13A-12-112 (1996) 

Promoting prostitution: first degree 

Promoting prostitution: second degree 

Knowingly advances or profits from prostitution 

(see § 13A- 12-110 for definitions) 

Knowingly advances or profits from prostitution 

(see § 13A- 12-110 for definitions) 

Alaska 

§ l 1.66.110(1996) 

Arizona 

§ 13-3206 (1996) 

§ 13-3212 (1996) 

Promoting prostitution in first degree Induces or causes to engage in prostitution 

Taking child for purpose of prostitution 

Child prostitution 

Takes minor away from parent, guardian, or 

other person with legal custody for purpose 

of prostitution 

Knowingly causing to engage in prostitution; 

using for purposes of prostitution; 

permitting minor under custody or 

control to engage in prostitution; 

receiving benefit for or on account 

of procuring or placing in any place 

or charge or custody of person foi 

purpose of prostitution; receiving 

any benefit pursuant to agreement 

to participate in proceeds; 

financing, managing, supervising, 

controlling, or owning prostitution 

activity; transporting or financing 

transportation through or across state 

] with intent minor engage in prostitution 

"n/m" indicates the provision is not mentioned within the statute 

• This chart is based on statutes provided by the National Center for Prosecution of Child Abuse and updated by the 

American Bar Association. 

• The design is based on a chart prepared by Noy Davis for Program to Increase Understanding of Child Sexual 

Exploitation, Assessment Report, Volume H (Education Development Center, Inc., and the American Bar Association 

on Children and the Law 1994). 
I <16 

minor 

minor 

yes not allowed 

any minor = class 4 felony; 

minor < 15 = class 2 felony 

any minor = class 2 felony; 

minor < 15 = punishable 

pursuant to § 13-604.01 

n/m 

n/m 

n/m 

n/m 
Arkansas 

§ 5-70-101 (Michie 1995) Definitions 

§ 5-70-104 (Michie 1995) Promoting prostitution in first degree 

Inveiglement or enticement 

California 

§ 266 (West 1995-1996) 

§ 266a (West 1995-1996) Abduction or procurement by 

fraudulent inducement for prostitution 

"Advances prostitution" if knowingly causes 

or aids a person to commit or engage in prostitution; procures or solicits patrons for prostitute; 

provides persons or premises; operates or assists 

in operation of house or enterprise; engages in 

any other conduct designed to institute, aid, or 

facilitate act or enterprise of prostitution 

"Profits from prostitution" if accepts or receives 

money or other property pursuant to agreement 

or understanding with any person whereby he 

participates or is to participate in proceeds of 

prostitution 

Advances or profits from prostitution 

§ 266h (West 1995-1996) 

§ 266i (West 1995-1996) 

Pimping 

Pandering 

Inveigles or entices unmarried female of 

previous chaste character; aids or assists; 

under false or fraudulent means procures 

Within the state, takes any person against 

will and Without consent or with consent 

procured by fraudulent inducement or 

representation for purpose of prostitution 

Knowing another person is a prostitute, 

lives, or derives support or maintenance 

in whole or part from earnings or proceeds 

or money loaned or advanced or charged 

against the person by any keeper, manager, 

or who solicits or receives compensation 

for soliciting 

Procures or by promises, threats, violence 

or any devise or scheme, causes, induces, 

persuades, or encourages to become 

prostitute or remain in house or place 

of prostitution; by fraud or artifice 

or duress or by abuse of position 

of confidence or authority procures, 

receives, or gives or agrees to receive 

or give any money or thing of value 

for procuring or attempting to procure 
AGE OFFENSE PATRON M ISTAKE 

LEVEL EXCEPTED OF AGE 

DEFENSE 

n/m 

<18 

n/m 

class D felony 

yes 

n/m 

yes (advancing) 

n/m 

n/m 

<18 

any person 

<16 

<16 

imprisonment in state 

prison or county jail <1 

year, or fine <$2,000, or both 

imprisonment in state 

prison and fine <$2,000 

felony 

imprisonment in state 

prison for 3, 6, or 8 years 

felony 

imprisonment in state 

prison for 3, 6, or 8 years 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 
§ 266j (West 1995-1996) Procurement of child for lewd 

or lascivious acts 

§ 267 (West 1997) 

Colorado 

§ 18-7-401 (West 1997) 

Abduction; person younger than 

18 for purpose of prostitution 

Definitions 

Intentionally gives, transports, provides, 

or makes available; or offers to do so, a 

child for purpose of lewd or lascivious 

act; or causes, induces, or persuades 

child to engage in such act 

Takes away from parent or guardian without 

consent for purpose of prostitution 

§ 18-7-402 (West 1997) 

§ 18-7-403 (West 1997) 

§ 18-7-403.5 (West 1997' 

§ 18-7-404 (West 1997) 

Soliciting for child prostitute 

Pandering of a child 

Procurement of child 

Keeping a place of child prostitution 

"Prostitution by child" means either child 

performing or offering or agreeing to perform 

any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse in 

exchange for money or thing of value; 

or any person performing or offering 

or agreeing to perform any such act 

with any child in exchange for money 

or other thing of value; "prostitution 

of a child" means inducing a child to 

perform such acts by coercion or any 

threat or intimidation; or inducing 

a child by coercion or any threat or 

intimidation or in exchange for money 

or other thing of value to allow others 

to perform such acts with or upon child 

Solicits another for purpose of prostitution 

of or by child; arranges or offers to arrange 

meeting; or directs another to a place knowing 

it to be for purpose of prostitution of or by child 

For money or other thing of value induces child 

by menacing or criminal intimidation to commit 

prostitution; or 

knowingly arranges or offers to arrange situation in which child may practice prostitution 

Intentionally gives, transports, provides, or 

makes available or offers to do so, to another 

person a child for purpose of prostitution of 

the child 

Person who has or exercises control over use 

of any place offering seclusion or shelter for 

practice of prostitution; or knowingly grants 

or permits use of place for prostitution of child 

or permits continued use of such place after 

becoming aware of fact or circumstances from 

which he should reasonably know place is being 

used for such prostitution 
<16 

<18 

felony 

imprisonment for term of 

3, 6, or 8 years and fine 

<$15,000 

imprisonment in state prison 

and fine <$2,000 

n/m 

n/m 

n/m 

n/m 

I I II 

<18 

<18 

<18 

<18 

<18 

I IIIIIII II II, ,, 

n/m 

class 3 felony 

class 2 felony 

class 3 felony 

class 3 felony 

class 3 felony 

n/m 

n/m 

n/m 

n/m 

n/m 

not allowed (§ 18-7-407) 

not allowed (§ 18-7-407) 

not allowed (§ 18-7-407) 

not allowed (§ 18-7-407) 
§ 18-7-405 (West 1997) 

§ 18-7-405.5 (West 1997) 

§ 18-7-406 (West 1997) 

§ 18-7-407 (West 1997) 

Pimping of child 

Inducement of child prostitution 

Patronizing a prostituted child 

Criminality of conduct 

Knowingly lives on or is supported or 

maintained in whole or part by money 

or other thing of value earned, received, 

procured, or realized by child through 

prostitution 

By word or action induces child to engage in 

prostitution 

Engages in act of prostitution of or by child 

or enters or remains in place of prostitution 

with intent to engage in act of prostitution 

of or by child 

No defense that defendant did not know 

child's age or reasonably believed the child 

tobe 18 

Connecticut 

§ 53a-86 (West 1997) 

§ 53a-87 (West 1997) 

Promoting prostitution in first degree 

Promoting prostitution in second degree 

Knowingly advances or profits from prostitution 

Knowingly advances or profits from prostitution 

by managing, supervising, controlling, or owning 

a house of prostitution by two or more prostitutes 

Delaware 

tit. 11, § 1352 (1996) 

i 

Promoting prostitution in second degree 

ii ii ii ii i II 

Knowingly advances or profits from prostitution 

tit. 11, § 1353 (1996) Promoting prostitution in first degree Knowingly advances or profits from prostitution 

tit. § 1356 (1996) Definitions Advancing: knowingly causes or aids person 

to commit or engage in prostitution; procures or 

solicits patrons for prostitution; provides persons 

or premises; operates or assists in operation of house 

or enterprise or engages in any conduct designed to 

institute, aid, or facilitate act or enterprise 

Profiting: accepts or receives money or other 

property pursuant to agreement or understanding 

whereby person participates or is to participate in 

proceeds of prostitution activity 

District of Columbia 

§ 22-2704 (1995-1996) Abducting or enticing child from home 

for prostitution 

Persuades, entices, forcibly abducts from home 

or from custody and control of parents or guardian; 

or knowingly secretes or harbors child so enticed, etc. 
AGE OFFENSE PATRON MISTAKE 

LEVEL EXCEPTED OF AGE 

DEFENSE 

<18 class 3 felony 

<18 

<18 

<16 

<18 

<18 

<16 

n/m 

<16 

class 3 felony 

n/m 

class 3 felony 

n/m 

class B felony 

class C felony 

n/m 

no 

n/m 

rYm 

<18 

n/m 

not allowed (§ 18-7-407) 

yes (advancing) 

not allowed (§ 18-7-407) 

not allowed (§ 18-7-407) 

n/m 

not allowed 

n/m 

class E felony yes (advancing; see § 1356) n/m 

class C felony yes (advancing; see § 1356) n/m 

n/m n/m 

imprisonment >2 but 

<20 years; 

< 8 years 

rYm n/m 
Florida 

§ 796.03 (West 1996 

& Supp. 1997) 

Georgia 

§ 16-6-13 (1997) 

Procuring for prostitution 

Penalties 

Procures for prostitution or causes to be prostituted 

u 

Conviction for pandering when involves prostitution 

of person younger than 17 

Hawaii 

§ 712-12o2 (1997) 

§ 712-1203 (1996) 

Promoting in first degree 

Promoting prostitution in second degree 

Knowingly advances or profits 

Knowingly advances or profits by 

managing, supervising, controlling, or 

owning a house of prostitution or a 

prostitution business or enterprise 

Idaho 

§ 18-5609 (1997) 

§ 18-5611 (1997) 

§ 19-307 (1997) 

Inducing into prostitution 

Inducing to patronize a prostitute 

Kidnapping and similar offenses 

Induces or attempts to induce to engage 

in prostitution 

Induces or attempts to induce a person 

younger than 18 to patronize a prostitute 

Inveigles or entices unmarried person of 

previous chaste character for purpose of 

prostitution; or aids and abets; or takes 

away from parent or guardian 

Illinois 

ch. 720,¶ 5/11-15.1 

(Smith-Hurd 1997) 

ch. 720,¶5/11-17.1 

(Smith-Hurd 1997) 

ch. 720,¶5/11-19.1 

(Smith-Hurd 1997) 

Soliciting for a juvenile prostitute 

Keeping place of juvenile prostitution 

Juvenile pimping 

Violation of § 5/11-15(a) when prostitute 

for whom soliciting is younger than 16 

Knowingly violates § 5/l l- 15(a) (keeping 

place of prostitution) when any prostitute 

in place is younger than 16 

Receives any money, property, token, object, 

or article or anything of value from prostitute 

younger than 16 knowing it was earned in 

whole or part from prostitution 
<18 

<17 

felony of second degree 

i ii 

felony; fine >$1,000 but 

<$5,000; or imprisonment 

>1 but <5 years; or both; 

on second conviction 

not suspended, probated, 

deferred, or withheld 

n/m 

n/m 

n/m 

i i i i 

n/m 

<16 

<18 

<18 

n/m 

<18 

class B felony 

class C felony 

felony; imprisonment 

not <2 years; may be 

extended to life or fine 

>$50,000; or both 

felony 

n/m 

yes (advancing) (§ 712-1201) 

yes (advancing) (§ 712-1201) 

n/m 

rdm 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

<16 

<16 

<16 

class 1 felony 

class 1 felony 

2nd conviction: class 

X felony; subject to forfeiture 

class 1 felony 

n/m 

n/m 

n/m 

affirmative defense; 

reasonably believed > 16 

affirmative defense; 

reasonably believed > 16 

affirmative defense; 

reasonably believed >16 
ch. 720,¶5/11-19.2 

(Smith-Hurd 1997) 

ch. 720, ¶ 150/5.1 

(Smith-Hurd 1997) 

Indiana 

§ 35-45-4-4 (West 1997) 

Iowa 

§ 725.3 (West 1997) 

Kansas 

§21-3513(1996) 

Kentucky 

§ 529.030 (Baldwin 1995) 

Exploitation of child 

Permitting sexual abuse of child 

Confines child and compels to become 

prostitute; or arranges situation in which 

child may practice prostitution; or receives 

money, property, token, object, or article or 

anything of value from child knowing it was 

obtained in whole or part from prostitution 

Knowingly permits, induces, promotes, or 

arranges for own child to engage in prostitution 

and fails to take reasonable steps to prevent such 

I Promoting prostitution 

Pandering 

Knowingly or intentionally entices or compels 

person to become a prostitute 

Persuades, arranges, coerces, or otherwise causes 

minor to become prostitute or return to practice, 

or keeps or maintains premises for purpose of 

prostitution of minors or knowingly shares in 

income from such premises 

Promoting prostitution Establishing, owning, maintaining, or managing 

house of prostitution or participating in such; 

permitting any place partially or wholly owned 

or controlled to be used as such; procuring; 

inducing another to become; soliciting or 

procuring a patron for prostitute; procuring 

or paying for transportation of person within 

state with intention of assisting or promoting 

that person's prostitution; being employed to 

perform any act prohibited by this section 

Promoting prostitution in first degree Compelling by force or intimidation to engage 

in prostitution or profits from such coercive 

conduct by another; or advances or profits 

from prostitution of person younger than 18 

Louisiana 

§ 14:82.1 (West 1996) Prostitution, persons younger than 17 Person older than 17 engaging in sexual 

intercourse with person younger than 17 

who is practicing prostitution with age 

difference Jess than 2 years; parent or 

tutor knowingly consenting to entrance 

or detention in prostitution 
<16 

<17 class 1 felony 

<18 

minor 

class X felony 

subject to forfeiture 

n/m 

class B felony 

class C felony 

n/m 

n/m 

kGE OFFENSE PATRON M ISTAK[ 

LEVEL EXCEPTED OF AGE 

DEFENSl~ 

n/m 

n/m 

n/m 

n/m 

n/m 

<16 severity level 6, person felony n/m n/m 

<18 

<16 

class C felony 

class B felony 

class A if incurs 

physical injury 

n/m n/m 

<17 fine <$5,000; or imprisoned 

>2 but <10 years; or both 

no not allowed 
§ 14:86 (West 1996) 

Maine 

tit. 17-A, § 852 

(West 1996) 

tit. 17-A, § 855 

(West 1997) 

tit. 17-A, § 554 

(West 1996) 

Maryland 

art. 27, § 1 (1996) 

Massachusetts 

ch. 272, § 4A 

(West 1996 & 

Supp. 1997) 

ch. 272, § 4B 

(West 1996 & 

Supp. 1997) 

Michigan 

i 

§ 750.13 (West 1997) 

§ 750.462 (West 1997) 

Minnesota 

§ 609.322 (West 1996 

& Supp. 1997) 

Enticing persons into prostitution 

i 

Aggravated promotion of prostitution 

Patronizing prostitution of minor 

Endangering welfare of child 

Any person older than 17 who entices, places, 

persuades, encourages, or causes entrance of 

person younger than 21 into prostitution 

Promotes prostitution of person younger than 18 

In retum for another's prostitution gives or agrees 

to give pecuniary benefit to person whose prostitution 

is sought or to third person 

Knowingly permits child to enter or remain in 

house of prostitution 

i|nllu 

Individual younger than 16 For purposes of prostitution, forcibly abducts 

from home or from custody of parents or guardian, 

or be accessory thereto or persuade or entice 

or knowingly secrete or harbor or be accessory 

thereto 

Inducing minor into prostitution 

Living off or sharing earnings of 

minor prostitute 

Induces minor to become prostitute or knowingly 

aids or assists such inducement 

Knowingly lives or derives support or 

maintenance, in whole or part, from earnings 

or proceeds 

iii i 

Enticing away female younger than 16 

Female younger than 17 in house of 

prostitution 

I I 

Taking or enticing away female from parent or 

guardian without consent for prostitution 

Taking, conveying, employing, receiving, 

detaining, or suffering to remain in any 

house or place of prostitution any female 

younger than 17 for any purpose other 

than prostitution 

Solicitation; inducement and promotion 

of prostitution 

Intentionally solicits or induces or promotes 

prostitution 

Intentionally solicits or induces to practice 

prostitution; or does so by means of force; 

or uses position of authority to solicit or induce; 

or promotes prostitution 
<18 

<21 

class B crime 

<18 

<16 

imprisoned >2 but < 10 years 

class D crime 

class D crime 

n/m 

n/m 

no 

n/m 

not allowed 

n/m 

n/m 

n/m 

I~ <16 misdemeanor 

imprisonment <8 years 

n/m n/m 

minor 

minor 

imprisonment for <5 but >3 

years; and fined $5,000; 

no probation or parole 

until served 3 years 

imprisonment for >5 years 

and fined $5,000; no reduction, probation, or parole 

until served 5 years 

n/m 

n/m 

n/m 

n/m 

<16 

<17 

felony imprisonment in state 

prison for < 10 years 

misdemeanor 

n/m 

n/rfi 

n/m 

n/m 

<16 

>16but<18 

imprisonment <20 years; 

or fine <$40,000; or both 

imprisonment< 10 years; 

or fine <$20,000; or both 

yes 

yes 

n/m 

n/m 
3, 

609.323 

(West 1996 & 

Supp. 1997) 

§ 609.324 

(West 1996 

& Supp. 1997) 

i Mississippi 

97-5-5 (1996) 

Missouri 

i 

§ 567.050 (Vernon 1996) 

Montana 

§ 45-5-603 (1996) 

Nebraska 

§ 28-805 (1996) 

Receiving profit derived from prostitution 

Other prohibited acts 

Intentionally receives profit knowing it is 

derived from prostitution or the promotion 

of prostitution 

Intentionally receives profit knowing it is 

derived from prostitution or the promotion 

of prostitution 

Subd. l(a): engages in prostitution with individual 

younger than 13 or hires or offers or agrees to 

hire such individual to engage in sexual penetration or sexual contact 

Subd. 1 (b): engages in prostitution with individual 

younger than 16 but older than 13 or hires or offers 

or agrees to hire such individual to engage in sexual 

penetration or sexual contact 

Subd. 1 (c): engages in prostitution with individual 

younger than 18 but older than 16 or hires or offers 

or agrees to hire such individual to engage in sexual 

penetration or sexual contact 

Subd. la: allows minor to reside in dwelling knowing 

minor is engaging in prostitution 

Enticing child for pr~)stitution Maliciously, willfully, or fraudulently lead, take, 

carry away, decoy, or entice away child for purpose 

of prostitution 

Promoting prostitution in first degree 

i 

Knowingly promotes prostitution by compelling 

person to enter, engage, or remain; compelling 

includes use of forcible compulsion or intoxicating 

substance or withholding dangerous drugs or 

narcotic from drug-dependent person or threatening 

to do so 

iii i iii iii 

Aggravated promotion of prostitution Knowingly or purposely promotes prostitution 

of child or promotes the prostitution of one's 

own child or ward 

Debauching a minor Lewdly introducing carnal knowledge with 

any other person; soliciting minor to visit 

house of prostitution for purpose of prostitution; 

arranging or assisting in arranging meeting 

for such purpose 
3~ 

PATRON MISTAK~ 

EXCEPTED OF AGE 

DEFENS[ 

>16but<18 

<13 

<16but>13 

<18but>16 

minor 

imprisonment <5 years; 

or fine <$10,000; or both 

imprisonment <20 years; 

or fined <$40,000; or both 

imprisonment <10 years; 

or fined <$20,000; or both 

imprisonment <5 years; 

or fined <$10,000; or both 

imprisonment <1 year; 

or fined <$3,000; or both 

yes 

yes 

no 

no 

no 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

<14 prison <10 years; or 

jail >1 year; or fined 

<$1,000; or both 

n/m n/m 

<16 class B felony n/m n/m 

<18 imprisonment <20 years; 

or fine <$50,000; or both 

n/m not allowed 

<17 class I misdemeanor n/m n/m 
Nevada 

§ 201.360 (1995) 

'New Hampshire 

§ 645:2 

(1995 & Supp. 1996) 

New Jersey 

§ 2C:34-I (West 1997) 

New Mexico 

§ 30-6A-4 (Michie 1997 

i u ||111 

Placing person in house of prostitution 

Prostitution and related offenses 

Prostitution and related offenses 

Sexual exploitation of children by 

prostitution 

As parent or guardian of person younger 

than 18 permits, conveys, or consents 

to minor being or remaining at house 

of prostitution; 

or decoys, entices, procures, or induces 

person younger than 21 to go into or 

visit, on any pretext or for any purpose, 

any place or room used for prostitution 

Induces or purposely causes another to violate 

§ 632-A: 1, IV and V in retum for consideration; 

transports into or within state with purpose 

of promoting or facilitating such; knowingly 

is supported in whole or part from proceeds 

of such, knowingly allows place under control 

to be used for such 

i iiiii i 

Knowingly promotes prostitution of a child 

or own child or ward; knowingly engages 

in prostitution with minor, enters house 

of prostitution with such intent, or solicits 

or requests child to engage in sexual activity 

Knowingly receiving pecuniary profit; hiring 

or offering to hire 

Hiring or offering to hire a child to engage in 

any prohibited sexual act 

New York 

§230.04 

(McKinney 1997) 

§ 230.05 

(McKinney 1997) 

§ 230.06 

(McKinney 1997) 

§ 230.07 

(McKinney 1997) 

i 

Patronizing prostitute in third degree 

Patronizing prostitute in second degree 

Patronizing prostitute in first degree 

Patronizing prostitute; defense 

|| 

Person older than 21 patronizing prostitute 

younger than 17 

Person older than ! 8 patronizing prostitute 

younger than 14 

Patronizing prostitute younger than 11 

In prosecution for patronizing a prostitute, defense 

that defendant did not have reasonable grounds 

to believe the person was younger than the 

age specified 
<18 

<21 

iiiii III 

felony n/m n/m 

I 

<18 

II I I 

class B felony n/m rgm 

<18 crime of second degree 

or third degree (see statute) 

no not allowed 

<16 

>13 but<16 

< 16 = second degree felony 

<13 = first degree felony 

second degree felony 

rdm n/m 

<17 

<14 

<11 

n/m 

class A misdemeanor 

class E felony 

class D felony 

n/m 

no 

no 

no 

n/m 

yes (§ 230.07) 

yes (§ 230.07) 

yes (§ 230.07) 

yes 
38 

§ 230.25 

(McKinney 1996) 

§ 230.30 

(McKinney 1997) 

§ 230.32 

(McKinney 1996) 

§ 230.35 

(McKirmey 1997) 

Promoting prostitution in the third degree 

Promoting prostitution in second degree 

Promoting prostitution in first degree 

Promoting prostitution; accomplice 

Knowingly advances or profits from prostitution by managing, supervising, controlling, 

or owning, either alone or in association with 

others, a house of prostitution or such business 

or enterprise involving activity by two or more 

prostitutes; or advances or profits from prostitution of person younger than 19 

Knowingly advances prostitution by 

compelling person by force or intimidation 

or profits from such coercive conduct by 

another; or advances or profits from prostitution of person younger than 16 

Knowingly advances or profits from prostitution 

of person younger than 11 

Person younger than 17 from whose prostitution 

activity another person is alleged to have advanced 

or attempted to advance or profited or attempted to 

profit shall not be deemed an accomplice 

North Carolina 

§ 14-190.18 (1996) 

§ 14-190.19(1996) 

§ 14-318.4(1996) 

North Dakota 

§ 12.1-29-02 (1997) 

Ohio 

§ 29o7.21 (Baldwin 1997 

Promoting prostitution of a minor 

Participating in prostitution of a minor 

Child abuse 

Knowingly entices, forces, encourages, or facilitates 

minor's participation; supervises, advises, or protects 

prostitution of or by minor 

Person not a minor who solicits or requests minor to 

participate, pays or agrees to pay directly or through 

agent to participant; pays minor or agent for having 

participated 

Parent or person providing care or supervision 

who commits, permits, or encourages act of 

prostitution with or by juvenile 

Facilitating prostitution Knowingly solicits, procures, leases, or permits 

place to be regularly used for prostitution (or 

fails to abate use), induces or intentionally causes 

another to remain prostitute (is supported in whole 

or part by proceeds) 

Compelling prostitution Compel to engage in sexual activity for hire, 

induce, procure, encourage, solicit, request, 

or otherwise facilitate, pay or agree to pay 

minor or agent to have or for having sexual 

activity for hire, allow own child or ward to 

engage in sexual activity for hire 
kGE OFFENSE PATRON MISTAK[ 

LEVEL EXCEPTED OF AGE 

¢ 

DEFENSI~ 

<19 

<16 

<11 

<17 

class D felony 

class C felony 

class B felony 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

minor 

minor 

<16 

<16 

class D felony 

class F felony 

class E felony 

class C felony 

n/m 

no 

no 

not allowed 

not allowed 

n/m 

n/m n/m 

<16 felony of third degree, 

except under (A)(I), then 

felony of second degree 

no not allowed 
~C 

control, or have interest in brothel; supervise, 

manage, or control activities; transport or cause 

to be transported to facilitate sexual activity for hire 

Oklahoma 

tit. 21, § 1029 (West 1997) I 

tit. 21, § 1030 (West 1997 

tit. 21, § 1087 

(West 1996 & Supp. 1997) 

tit. 21, § 1088 

(West 1996 & Supp. 1997) 

iiiiii 

Soliciting or procuring; residing or being 

in place for prohibited purpose; aiding, 

abetting, or participating; child prostitution 

Definitions 

Procuring for prostitution lewdness or 

other indecent act 

Inducing, keeping, detaining, or 

restraining for prostitution 

ii iiiii 

Engaging in prostitution; soliciting, inducing, 

enticing, or procuring another to commit act 

of prostitution with him- or herself; residing 

in, entering, or remaining in any house or place 

or structure, vehicle, etc., with intent to commit 

act of prostitution; aiding and abetting or 

participating in doing any such acts 

"Child prostitution" means prostitution or 

lewdness as defined in this section with person younger than 16 years of age in exchange 

for money or any other thing of value 

Offering or offering to secure; receiving or 

offering or agreeing to receive into place 

prostitution; directing, taking, transporting, 

or offering or aiding or assisting in transporting 

Owning, keeping, managing, etc., knowingly 

permitting violation of this section in house, 

building, room, or other premises under his 

control or possession 

Causing, inducing, persuading, or encouraging; 

keeping, holding, detaining, restraining, or 

compelling against will to engage in prostitution 

or house of prostitution for purpose of compelling 

child to pay, liquidate or cancel debt, dues, or 

obligations incurred or said to be incurred 

Oregon 

§ 167.017(1995) 

Pennsylvania 

"'tit. 18, § 5902 (1996) 

Compelling prostitution 

I 

Prostitution and related offenses 

I Knowingly uses force or intimidation to compel; 

induces or causes person younger than 18 or own 

child to engage in prostitution 

tim 

Promoting prostitution (owning, controlling, 

managing, etc.), procuring, soliciting, transporting 
7 ~ 

minor felony of third degree n/m not allowed 

<16 

<16 

<18 

<18 

punishable under § 1031 

n/m 

felony; imprisonment >1 

but < 10 years 

1 st offense: misdemeanor 

jail >6 months but <1 year, 

and fine >$500 but < $5,000 

2nd offense: felony prison >1 

but <10 years, or fine >$5,000 

but <$25,000; orboth 

felony; imprisonment > 1 

but <25 years and fine 

>$5,000 but <$25,000 

no 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

<18 

<16 

class B felony 

felony of third degree 

n/m 

no 

n/m 

not allowed 
Rhode Island 

§ 11-9-1 (1996) 

South Carolina 

§ 16-15-415 

(Law. Co-op. 1996) 

§ 16-15-425 

(Law. Co-op. 1996) 

Exploitation for commercial or immoral 

purposes 

Exhibit, use, employ any child younger than 18 

to any person for purposes of prostitution or 

any lewd or indecent act 

Promoting prostitution of a minor 

Participating in prostitution of minor 

Knowingly entices, forces, encourages, or 

otherwise facilitates; supervises, advises, 

or promotes 

Patronizing a minor prostitute (soliciting, 

requesting, paying, or agreeing to pay) 

South Dakota 

§ 22-23-2 (1997) Procuring or promoting prostitution Encourages, induces, procures, or purposely 

causes another to become or remain a prostitute; 

promotes prostitution of minor or own child 

Tennessee 

§ 39-13-512 (1996) 

Tennessee does not 

differentiate conduct 

in its criminal statutes 

based on the minority 

status of the prostitute, 

although it does address 

the issue in its juvenile 

code. 

Prostitution; definitions "Patronizing prostitute" means soliciting or hiring 

another person with intent that other person engage 

in prostitution; or entering or remaining in house of 

prostitution for purpose of engaging in sexual activity 

"Promoting prostitution" means owning, controlling, 

managing, supervising, or in any way keeping, alone 

or with others, business or house for that purpose; 

procuring inmate for house of prostitution; encouraging, 

inducing, or otherwise purposely causing another to 

become prostitute; procuring prostitute for patron; or 

soliciting, receiving, or agreeing to receive any benefit 

for engaging in any of these activities 

Texas 

§ 43.05 (West 1995) 

Utah 

§ 76-10-1306 (1997) 

Virginia 

§ 18.2-48 (Michie 1997) 

§ 18.2-49 (Michie 1997) 

Compelling prostitution I 

] Aggravated exploitation of prostitution ] 

Abduction with intent for immoral purpose 

Threatening, attempting, or assisting 

in abduction 

Knowingly causes by any means to commit prostitution 

Procures, transports, or persuades or shares proceeds 

of prostitution (see § 76-10-1305) 

Abduction of any child for the purpose of prostitution 

Assists or aids in abduction of, or threatens to abduct, 

any female younger than 16 for purposes of prostitution 

Washington 

§ 9.68A.100 

(West 1996 & Supp. 1997) 

Patronizing juvenile prostitute Engages or agrees or offers to engage in sexual 

conduct with minor for fee 
<18 

minor 

minor 

minor 

I imprisonment <20 years; 

or fined <$20,000; or both 

n/m 

iiii1|111 

felony imprisoned >3 

but <10 years 

felony imprisoned >2 

but <5 years 

n/m 

no 

i 

class 5 felony n/m 

n/m 

not allowed 

not allowed 

n/m 

n/m -n/m no 

n/m 

n/m 

<17 

<18 

felony of second degree 

[ felony of second degree 

n/m 

n/m 

n/m 

n/m 

i||m 

<16 

<16 

class 2 felony 

class 5 felony 

n/m 

n/m 

n/m 

n/m 

minor I class C felony no n/m 

I 
§ 9A.88.070 (West 1996) [ 

I 

West Virginia ...... 

§ 61-2-14 (1997) 

§ 61-8-7 (1997) 

§ 61-8-8 (1996) 

Wisconsin 

§ 948.07 (West 1997) 

§ 948.08 (West 1997) 

Wyoming 

§ 6-4-103 (1997) 

United States 

18 u.s.c. § 2423 

(West 1998) 

18 U.S.C. § 2422 

(West 1998) 

18 U.S.C. §2241 

(West 1998) 

Promoting prostitution in first degree Knowingly advances prostitution by compelling 

person by threat or force to engage in prostitution 

or profits therefrom; advances or profits from 

prostitution of person younger than 18 

i 

Abduction of person, kidnapping, or 

concealing child 

Procuring for house of prostitution 

Receiving support from prostitution; 

pimping 

Taking away child from person with lawful 

custody for purpose of prostitution 

Procuring an inmate for house of prostitution; 

causing, inducing, persuading, or encouraging; 

procuring person to come into state or leave for 

purpose of prostitution; pandering 

Living or deriving support or maintenance; 

touting or receiving compensation for touting 

such prostitution 

Child enticement 

Soliciting a child for prostitution 

i i 

Causes or attempts to cause child to engage 

in prostitution 

Intentionally solicits or causes child to practice 

prostitution or establishes child in place of prostitution 

n 

Promoting prostitution 

I i 

Knowingly or intentionally entices or compels another 

to become a prostitute 

Transportation of minors 

Coercion and enticement 

Aggravated sexual abuse 

iii i ii | 

Knowingly transports with intent that person engage in 

prostitution or criminal sexual activity, or attempts to do 

so; travels in foreign commerce with intent to engage in 

sexual act with juvenile or conspires to do so (see § 2246) 

Using facility or means of interstate or foreign commerce; 

knowingly persuades, induces, entices, or coerces to 

engage in prostitution or criminal sexual activity or 

attempts to do so 

Crosses state line with intent to engage in sexual 

act with minor or knowingly engages in sexual 

act or attempts to do so 

Knowingly engages in sexual act by force or 

threat or other means (as defined in paragraph 

(a) of this section) or attempts to do so 
<18 class B felony n/m n/m 

<16 

minor 

minor 

felony; confinement 

>3 but < 10 years 

felony imprisonment >2 

but <5 years; fine <$5,000; 

or both 

felony imprisonment >2 

years; fine <$5,000; or both 

n/m 

n/m 

n/m 

n/m 

n/m 

n/m 

<18 

child 

class BC felony 

class BC felony 

n/m 

n/m 

n/m 

n/m 

I <18 felony imprisonment <5 I 

years; fine <$5,000; or both 

n/m n/m 

<18 

<18 

<12 

> 12 but 

<16(with4 

year diff.) 

imprisoned <15 years; 

or fined; or both 

imprisoned < 15 years; 

or fined; or both 

any term of years or life; 

if previously convicted, 

under this subsection, 

life in prison if death 

penalty not imposed 

no 

n/m 

NO 

n/m 

n/m 

government need 

not prove defendant 

knew age 
u.s.c. § 2243 

(West 1998) 

Guam 

tit. 9, § 28.30 (1995) 

Puerto Rico 

tit. 33, § 4246 (1997) 

Virgin Islands 

tit. 5, § 1625 (1997) 

Sexual abuse of minor 

Compelling prostitution 

Perversion of minors 

Pandering 

Knowingly engages in sexual act or attempts to 

do so 

By force, threat, or duress compels another to 

engage in, promote, or abet prostitution, or causes 

or aids a person younger than 18 to commit, engage 

in, or promote or abet prostitution 

Proprietor, manager, director, or person in charge 

of house of prostitution or sodomy who admits 

or retains therein minor; and every parent or 

guardian who admits or retains, tolerates such 

admission or retention 

Induces person younger than 18 into 

becoming prostitute or receives compensation for pandering for such minor: 

by promises, threats, violence, or any device 

or scheme, causes, induces, persuades, or 

encourages person to become inmate of 

house of prostitution, or procures person 

for such place; by fraud or artifice or duress 

or by abuse of position or authority, procures 

to become prostitute or enter house of prostitution; 

receives or gives, or agrees to receive or 

give, any money or thing of value for procuring or attempting to procure person or 

to come into or leave the Virgin Islands for 

purpose of prostitution; knowing a person 

to be a prostitute, lives or derives support 

or maintenance in whole or in part from 

earnings or proceeds of prostitution 

or from monies loaned or advanced 

or charged against such prostitute 

by any keeper or inmate; or touts 

or receives compensation for touting 

such prostitute 
>12but<16 

(with 4 year diff.) 

i 

<18 

<18 

limprisoned <15 years, 

or fined, or both 

iiii i ii II 

felony of third degree; 

third offense within 3 years: 

felony of first degree 

imprisonment <6 months, 

or fine <$500, or both 

no 

n/m 

n/m 

yes 

government need not 

prove defendant knew age 

n/m 

rgm 

<18 imprisonment >2 years, 

which shall not be suspended, 

neither probation, parole, 

or any other form of release 

granted for this minimum 

oeriod of incarceration 

n/m n/m 
International Treaties Addressing 

Prostitution and Trafficking of 

Women and Children 

InternationaI Agreement for the Suppression of White Slave Traffic 

Illl I May 18, 1904, 35 Stat. 426. 1 L.N.T.S. 83. First international treaty on trafficking in women. 

The goal was to halt the sale of women into prostitution 

in Europe. Provisions were aimed at protecting victims, 

not punishing procurers. 

International Convention for the Suppression of White Slave Traffic 

May4, 1910, HI L.N.T.S. 278. I Ineffectiveness of the International Agreement for the 

[ Suppression of White Slave Traffic prompted the adoption 

I of this agreement that punished procurers. 

Convention for the Suppression of the Traffic in Persons and of the Exploitation 

of the Prostitution of Others 

Opened for signature, March 21, 1950, Focuses on the punishment of procurers, persons 

96 U.N.T.S. 271. Amended by Protocol, exploiting prostitution, and brothel owners. Its 

open for signature or acceptance enforcement clauses are weak. 

December 7, 1953. 

T~e Slavery Convention of 1926 (1926 Convention) 

September 26, 1926, 46 Stat. 2183, T.S. No. 778, [ State parties commit to the prevention and suppression of 

60 L.N.T.S. 253. I the slave trade and the complete abolition of slavery in all forms. 

i 

The 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and 

Institutions, Similar to Slaver~, 

September 7, 1956, 266 U.N.T.S. 40. Requires states to impose domestic criminal sanctions on 

Entered into force April 30, 1957. individuals who engage in, among other things, selling women, 

turning children over for exploitation, and debt bondage. 

• Additional information on the listed treaties can be found in Stephanie Farrior, The International Law on Trafficking 

in Women and Children for Prostitution: Making it Live Up to Its Potential, 10 HARV. HUM. RTS. J. 213 (1992). 

• Additional information on United Nations Treaties can be located on the World Wide Web at 

http://www.un.org/Depts/Treaty/collection/series. 
Amended by Convention (see below) 

i 

Signatory to Amending Protocol, signed at Lake Success, New York, May 5, 1949. 

Entered into force January 21, 1951. 

Not a Participant 

Not a Participant 

Not a Participant 
International Labor Organization Forced Labor Convention (No. 29) 

i i i 

ILO Convention 29, June 28, 1930, I State parties undertake to eliminate and penalize the practice 

39 U.N.T.S. 55. Entered into force May 28, 1947. I of forced labor including all persons who are trafficked. 

International Labor Organization Abolition of Forced Labor Convention (No. 105) 

June 25, 1957, 320 U.N.T.S. 291. I State parties undertake to eliminate and penalize the practice 

Entered into force January 17, 1959. I of forced labor including all persons who are trafficked. 

The International Covenant on Civil and Political Rights 

G.A. Res 2200A (XXI), U.N. GAOR, 21 st Sess.,I The Covenant states that no one shall be held in 

I 

slavery; 

Supp. No 16, at 52, U.N. Doc. A/6316 (1966), I slavery and the slave-trade in all their forms shall be prohibited. 

! 

999 U.N.T.S. 171. I 

Entered into force March 23, 1976. I 

I 

The United Nations Convention on the Elimination of All Forms of Discrimination 

Against Women (Women's Convention) 

G.A. Res 34/180, U.N. GAOR, 34th Sess., Requires State parties to take all appropriate measures, including 

Supp. No. 46 (1979). Entered into force legislation, to suppress all forms of traffic in women and exploitation 

September 3, 1981. of prostitution of women. 

United Nations Convention on the Rights of the Child 

G.A. Res. 44/25, U.N. GAOR, 44th Sess., Contains several provisions applicable to trafficking in children for 

Supp. No. 49 at 1, U.N. Doc. A/44/736 (1989), prostitution, particularly in its provisions regarding child labor and 

29 I.L.M. 1448 (1989). sexual exploitation. While the United States is a signatory, it is the 

only country that has not ratified this convention. 
I I Not a Participant 

Not a Participant 

Signatory May 10, 1977 

Signatory July 17, 1980 

Signatory February 16, 1995 
1. Draft Declaration andAgendaforAction, World Congress Against Commercial Sexual Exploitation of 

Children at 2, Stockholm, Sweden (August 27-31, 1996) [hereinafter Draft Declaration]. 

2. Id. 

3. Beth E. Molnar et al., Suicidal Behavior and Sexual~Physical Abuse Among Street Youth, 22 CHILD 

ABUSE & NEGLECT 213, 214 (1998); O'Neill, Prostitute Women Now, in RETHINKING PROSTITUTION: PURCHASING 

SEX IN THE 1990S at 19 (Scambler & Scambler eds., London: Routledge 1997); Debra Whitcomb & Julie Eastin, 

Joining Forces Against Child Sexual Exploitation: Models for a Multij'urisdictional Team Approach 

(Office of Juvenile Justice and Delinquency Prevention 1998). 

4. See Debra Whitcomb, Edward De Vos & Barbara E. Smith, Program to Increase Understanding of Child 

Sexual Exploitation, Final Report at 3 (Education Development Center, Inc., & ABA Center on Children 

and the Law 1998) (since much of the literature is "based on the same (or related) research efforts by the 

same (or collaborating) authors, the actual research base is even smaller. Many of these studies lack 

scientific rigor and are based on extremely small sample sizes."). 

5.Id. 

6. Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, 

United Nations Economic and Social Council, Commission on Human Rights, 52d Sess., Agenda Item 20, 

¶ 35, U.N. Doc. E/CN.4/1996/100 (1996) [hereinafter Report of the Special Rapporteur]. 

7. In one study of 200 prostitutes in San Francisco, about 60 percent were 16 and younger, many were 10, 

11, and 12 years old. Mimi H. Silbert & Ayala M. Pines, Entrance into Prostitution, 13 YOUTH & SOCIETY 471, 

473 (1982). A more recent sample of 83 sexually-exploited youth interviewed in shelters in Dallas, Pittsburgh, 

and San Diego showed a majority (62 percent) between the ages of 14 and 17, and 12 percent between 10 

and 13. Twenty-six percent were older than 18. Whitcomb, De Vos & Smith, supra note 4, at 66. 

8. Whitcomb & Eastin, supra note 3, at 36 (citing Community Consultation on Prostitution in British 

Columbia, Overview of Results (March 1996)); Mimi H. Silbert & Ayala M. Pines, Occupational Hazards 

of Street Prostitutes, 8 GRIM. JUST. & BEHAV. 397 (1981). 

9. Program to Increase Understanding of Child Sexual Exploitation, Assessment Report, Volume H 

(Education Development Center, Inc., & ABA Center on Children and the Law 1994) [hereinafter Assessment 

Report]. 

10. Byron Fassett & Bill Walsh, Juvenile Prostitution: An Overlooked Form of Child Sexual Abuse, 7(1) 

THE APSAC ADVISOR 9, 10 (American Professional Society on the Abuse of Children 1994). 

11. Whitcomb & Eastin, supra note 3, at 36 (citing Community Consultation on Prostitution in British 

Columbia, Overview of Results (March 1996)). 

12. Whitcomb, De Vos & Smith, supra note 4, at 65 (76 percent of exploited youth interviewed in shelters 

were girls). 

13. Assessment Report, supra note 9. Some service providers also mentioned an increase in the number of 

homeless boys, which they sometimes linked to cutbacks in other community services. 

14. Assessment Report, supra note 9. 

15. O'Neill, supra note 3, at 14. 

16. Silbert & Pines, supra note 7, at 489. 

17. Richard T. Sullivan, The Challenge of HIVPrevention Among High-Risk Adolescents, 21 HEALTH & 

SOCIAL WORK 58, 60 (1996); Whitcomb, De Vos & Smith, supra note 4, at 37, 70-72 (87 percent of interviewed 

youth admitted that they had exchanged sex with an adult for money or other consideration). 

18. See Kral, Molnar, Booth & Watters, Prevalence of Sexual Risk Behavior and Substance Use Among 

Runaway and Homeless Adolescents in San Francisco, Denver and New York City, 8 INT'L J. STD & AIDS 

109, 113-114 ( 1997); Johnson, Aschkenasy, Herbers & Gillenwater, Self-Reported Risk FactorsforAIDS 

Among Homeless Youth, 8 AIDS EDUC. & PREY. 308, 318 (1996); Barrett & Beckett, Child Prostitution: 

Reaching Out to Children Who Sell Sex to Survive, Children's Nursing (1996); Morey & Friedman, Health 

Care Needs of Homeless Adolescents, 5 CURRENT OPINION 1N PEDIATRICS 395,395-96 (1993); Yates, MacKenzie, 

Pennbridge & Cohen, A Risk Profile Comparison of Runaway and Non-Runaway Youth, 78 AM. J. PUBLIC 

HEALTH 820, 821 (1988); Molnar, supra note 3, at 214. 
19. Brannigan & Gibbs van Brunschott, Youthful Prostitution and Child Sexual Trauma, 20 INT'L J LAW & 

PSYCHIATRY 337,345 (1997). 

20. Whitcomb & Eastin, supra note 3, at 36 (citing Community Consultation on Prostitution in British 

Columbia, Overview of Results (March 1996)). A disturbing finding was that some youth reported they 

engaged in prostitution "just for fun." 

21. Brannigan & Gibbs van Brunschott, supra note 19, at 348. 

22. Barrett & Beckett, supra note 18. 

23. Silbert & Pines, supra note 7, at 485. 

24. Kral, supra note 18, at 109. 

25. Kathryn V. Wurzbacher et al., Effects of Alternative Street School on Youth Involved in Prostitution, 12 

J. ADOLESCENT HEALTH 549, 549 (1991). 

26. Silbert & Pines, supra note 7, at 490. 

27. Magnus J. Seng, Child Sexual Abuse and Adolescent Prostitution: A Comparative Analysis, 24 ADOLESCENCE 665, 671 (1989). 

28. Wurzbacher et al., supra note 25, at 549. See also Whitcomb, De Vos & Smith, supra note 4, at 21 (of 

sexually-exploited youth interviewed in a Dallas shelter, 81 percent had been truants, 34 percent had been 

suspended or expelled, and 12 percent were drop-outs). 

29. Brannigan & Gibbs van Brunschott, supra note 19, at 350. 

30. Silbert & Pines, supra note 7, at 490. 

3 l. Brannigan & Gibbs van Brunschott, supra note 19, at 350. 

32. Wurzbacher et al., supra note 25, at 549. 

33. Finkelhor et al., National Incidence Studies on Missing, Abducted, Runaway, and Thrownaway Chilten in America (Office of Juvenile Justice and Delinquency Prevention 1990). Previous studies by the 

Department of Health and Human Services estimated that 730,000 to 1.3 million youth ran away in 1984 

and projected that 500,000 of these were homeless. Les B. Whitbeck & Ronald L. Simons, Life on the 

Streets: The Victimization of Runaway and Homeless Adolescents, 22 YOUTH 8Z SOCIETY 108, 108 (1990). 

34. Among girls, 14 percent reported exchanging sex for money; 11 percent for drugs or alcohol; and 10 

percent for food, shelter, or clothing. Among boys, 23 percent reported exchanging sex for money; 7 percent 

for drugs or alcohol; and 10 percent for food, shelter, or clothing. Kral et al., supra note 18, at 113. Various 

studies have found that 22 percent of boys and 7 percent of girls on New York City streets had engaged in 

prostitution at some time, while 26-28 percent of boys and 26-31 percent of girls in Los Angeles did so. Mary 

Jane Rotheram-Borus et al., Sexual Abuse History and Associated Multiple Risk Behavior in Adolescent 

Runaways, 66 AM. J. ORTHOPSYCH. 390, 391 (1996). Although less than 1 percent of minority nonhomeless 

youth at a medical clinic in a New York City public high school reported using sex to obtain money or 

drugs, 13 percent of homeless youth in Chicago had recently engaged in prostitution. Prostitution was 

also reported by 54 percent of street youth in Toronto, 26.4 percent of a sample of runaways in Los Angeles, 

and 19 percent of runaway and homeless youth in Houston. Johnson et al., supra note 18, at 318 (citing 

numerous studies). See also Yates et al., supra note 18. 

35. Seng, supra note 27, at 671. 

36. Whitcomb, De Vos & Smith, supra note 4, at 74. 

37. Gary L. Yates et al., A Risk Profile Comparison of Homeless Youth Invoh,ed in Prostitution and Homeless Youth Not Involved, 12 J. ADOLESCENT HEALTH 545, 547 (1991). 

38. Seventy percent of prostitutes in the Silbert and Pines study reported emotional abuse, 62 percent 

physical abuse, and 60 percent sexual abuse. Silbert & Pines, supra note 7, at 479-480. Victimization 

occurred between the ages of 3 to 16, with the average age of victimization at 10./d. at 478-79. 

39. Ronald Simons & Les B. Whitbeck, Sexual Abuse as a Precursor to Prostitution and Victimization 

Among Adolescent andAdult Homeless Women, 12 J. FAMILY ISSUES 361, 373-374 (1991). One study of 144 

adolescent runaways found 38 percent of boys and 73 percent of girls report having been sexually abused. 

Arlene McCormack et al., Runaway Youths and Sexual Victimization." Gender Differences in an Adolescent 

Runaway Population, 10 CHILD ABUSE & NEGLECT 387, 390 (1986). 

40. For boys, such abuse "approached but did not reach the conventional level of significance." Even for 

girls, however, sexual abuse and neglect were associated with prostitution, but physical abuse was only 

marginally associated. Cathy Spatz Widom & Joseph B. Kuhns, Childhood Victimization and Subsequent 

Risk for Promiscuity, Prostitution and Teenage Pregnancy: A Prospective Study, 86 AM J. PUBLIC HEALTH 

1607, 1609-1610(1996). 
3L 

41. Simons & Whitbeck, supra note 39, at 375. 

42. Seng, supra note 27, at 673. 

43. Gitta Sereny, THE INVISIBLE CHILDREN: CHILD PROSTITUTION IN AMERICA, WEST GERMANY AND GREAT BRITAIN 

27-28 (New York: Alfred A. Knopf 1985). Seventy percent of prostitutes in the Silbert and Fines study felt 

their juvenile sexual abuse definitely affected their decision to become a prostitute. S ilbert & Pines, supra 

note 7. 

44. Silbert & Pines, supra note 7, at 48 I. After leaving school and before getting into prostitution, the vast 

majority of young women in the study reported being either isolated, with no friends (40 percent), or deeply 

involved with friends exhibiting deviant behavior (80 percent). 

45. Morey & Friedman, supra note 18, at 397. Self-identified homosexual or bisexual homeless teenagers are 

five times more likely to engage in survival sex than heterosexual homeless youth. Id. 

46. Silbert & Pines, supra note 7, at 485. 

47. Whitcomb, De Vos & Smith, supra note 4, at 78, 94. 

48. /d. at 95. This study also describes "designer runaways," who live with their parents and attend school 

during the week and go to the streets on the weekends. Some of these children reported they "deliberately 

engaged in prostitution to raise money for expensive sneakers." The study identified four types of sexuallyexploited youth: "entrepreneurial youth" (who participate for the money), "designer runaways," "systems 

kids" (with chronic runaway and child-protective services histories), and "vulnerable young girls." The 

categories are not mutually exclusive and a child may fall within more than one type./d, at 99. 

49. Evelina Giobbe, Juvenile Prostitution." Profile of Recruitment, in CHILD TRAUMA I: ISSUES AND RESEARCH 

at 117 (Ann Wolbert Burgess ed., NewYork: Garland Publishing, Inc. 1992). 

50. Kathleen Barry, THE PROSTITUTION OF SEXUALITY 204 (NewYork: NewYork University Press 1995). 

51. Gregory A. Loken, Child Prostitution, in CHILD PORNOGRAFHY AND PROSTITUTION: BACKGROUND AND 

LEGAL ANALYSIS 54 (National Center for Missing & Exploited Children 1987). 

52. Giobbe, supra note 49, at 118. 

53. O'Neill, supra note 3, at 14. 

54. Children of the Night, Training Manual 11 (February 1993). 

55. Fassett & Walsh, supra note 10, at 30. 

56. Assessment Report, supra note 9, at 162; Barry, supra note 50, at 208. 

57. Barry, supra note 50, at 106. 

58. Jean Faugier & Mary Sargeant, Boyfriends, "Pimps" and Clients, in RETHINKING PROSTITUTION: PURCHASING SEX 1N THE 1990S at 123 (Scambler & Scambler eds., London: Routledge 1997). 

59. Katyal, Note, Men Who Own Women: A Thirteenth Amendment Critique of Forced Prostitution, 103 

YALE L.J. 791,793 (1993). 

60. Barry, supra note 50, at 208. 

61. Annette U. Rickel & Marie C. Hendren, Aberrant Sexual Experiences, in ADOLESCENT SEXUALITY 

(Gullotta, Adams & Montemayor eds., Newbury Park, CA: Sage Publications 1993). 

62. Id. at 153. 

63. Fassett & Walsh, supra note 10, at 30. 

64. Barry, supra note 50, at 200. 

65. Evelina Giobbe, An Analysis of Individual, Institutional and Cultural Pimping, 1 MICH. J. GENDER & L. 

33, 46 (1993). Others have also come to this conclusion: "By listening to survivors describe the tactics of 

control that kept them trapped in the sex industry and comparing this to our knowledge about battering, 

we've come to recognize that prostitution is violence against women." Holly B. Fechner, Three Stories of 

Prostitution in the West: Prostitutes'Groups, Law and Feminist "Truth ", 4 COLUM. J. GENDER & L. 26, 36-37 

(1994) (citing WHISPER Progress Report 1985-1989 at 1 (WHISPER, Minneapolis, MN)). WHISPER endorses 

abolition of all laws that penalize women and children in prostitution and seeks enhanced penalties for 

pimps and customers as well as increased enforcement of existing laws. Id. 

66. Giobbe, supra note 65, at 47. 

67. Id. at 48. 

68. Id. at 50. 

69. Minouche Kandel, Whores in Court: Judicial Processing of Prostitutes in the Boston Municipal Court 

in 1990, 4 YALE J.L. & FEMINISM 329 (1992). The Council for Prostitution Alternatives found that 53 percent 

of prostitutes they interviewed were "horribly" beaten by pimps an average of 58 times per year. Barry, 

supra note 50, at 202. 
70. Fassett & Walsh, supra note 10, at 30; Giobbe, supra note 65, at 48. 

71. Fassett & Walsh, supra note 10, at 30. 

72. See expert testimony presented in State v. Simon, 831 P.2d 139 (Wash. 1992). 

73. Id. 

74. Pierce v. United States, 146 E2d 84 (5th Cir. 1944); People v. Kent, 96 Cal. App. 3d 130 (1979) (prostitute 

beaten for not bringing in enough money). 

75. Barry, supra note 50, at 198. 

76. See Whitcomb, De Vos & Smith, supra note 4, at 79. 

77. Assessment Report, supra note 9, at 158. In an older study, over three-quarters of juveniles involved in 

prostitution reported they had a pimp. Silbert & Pines, supra note 7, at 498. Another study of prostituted 

juveniles found that only 10 percent had never worked for a pimp, compared to 28 percent &adults. Kandel, 

supra note 69, at 347 (citing Dorothy H. Bracey, "Baby-Pros ": Preliminary Profiles of Juvenile Prostitutes 

37(1979)). 

78. Whitcomb, De Vos & Smith, supra note 4, at 92. 

79. Giobbe, supra note 65, at 48. 

80. Id. See also Giobbe, supra note 49, at 124. 

81. Margaret A. Baldwin, Pornography and the Traffic in Women." Brief on Behalf ofTrudee AblePeterson, et al. Amici Curiae in Support of Defendant and Intervenor-Defendants, Village Books v. 

City ofBellingham, 1 YALE J.L. & FEMINISM 111, 130 (1989). 

82. Id. at 128. See also Rickel & Hendren, supra note 61, at 151. 

83. Baldwin, supra note 81, at 140. 

84. Id. at 132. Runaways who "come under the control of pornographers and pimps become susceptible 

to subsequent physical and sexual victimization by pimps and customers." Widom & Kuhns, supra note 

40, at 1611. 

85. Barry, supra note 50, at 41. 

86. Giobbe, supra note 65, at n.72 (citing James A. Inciardi, Kingrats, Chicken Heads, Slow Necks Freaks 

and Blood Suckers: A Glimpse at the Miami Sex-for-Crack Market, in C~CK PIPE AS PIMP: AN ETHNOGRAeHIC IWCES'rIGArION OF SEX-FOR-CRacK EXCHANCES 37 (Mitchell S. Rather ed., 1993)). 

87. Giobbe, supra note 65, at 43. Another commentator analyzes forced prostitution as slavery under 

the 13th Amendment's prohibition against slavery and involuntary servitude, advocating that government 

officials act unconstitutionally under the 13th Amendment if they fail to enforce laws against pimps. Katyal, 

supra note 59. 

88. Giobbe, supra note 65, at 44 (citing Inciardi, supra note 86). 

89. Faugier & Sargeant, supra note 58, at 125-26. 

90. Rickel & Hendren, supra note 61, at 154. 

91. Whitbeck & Simons, supra note 33, at 111. 

92. Simons & Whitbeck, supra note 39, at 376; Whitbeck & Simons, supra note 33, at 110. 

93. Whitbeck & Simons, supra note 33, at 119. More than 40 percent of girls and almost 10 percent of boys 

report such victimization. 

94./d. at 123. 

95./d. at 124. 

96. One study of street prostitutes reported high rates of victimization by customers: 78 percent reported 

customer forced perversion, an average of 17 times per woman; 70 percent reported customer rape or similar 

behavior, an average of 32 times per woman; and 65 percent reported physical abuse and beatings by 

customers, an average of 4 times per woman. Silbert & Pines, supra note 8. See also Council for Prostitution Alternatives, 1991 Annual Report at 4 (48 percent of prostitutes raped by pimps; 79 percent by 

patrons); Dorchen Leidholdt, Prostitution: A Violation of Women's Human Rights, I CAROOZO WOMEN'S L.J. 

133, 138 (1993). 

97. Faugier & Sargeant, supra note 58, at 124 (citing Hardesty & Greif(1994)). 

98. Whitcomb & Eastin, supra note 3, at 37 (citing Community Consultation on Prostitution #l British 

Columbia, Overview of Results (March 1996)). 

99. Eighty-one percent who had been raped did not report the offense to the police. Silbert & Pines, supra 

note 8. 

100. Kandel, supra note 69, at 346. They also may not call for help from the police because they have 

juvenile records themselves. Fassett & Walsh, supra note 10, at 30. 
101. Fechner, supra note 65, at 64-65. See also Barry, supra note 50, at 44-48. 

102: Jim A. Cates, Adolescent Male Prostitution by Choice, 6 CHILD & AOOLESCENT SOCIAL WORK 151, 155 

(1989). 

103. Silbert & Pines, supra note 7, at 495; Brannigan & Gibbs van Brunschott, supra note 19. 

104. Simons & Whitbeck, supra note 39, at 370; Whitbeck & Simons, supra note 33, at 113. 

105. Brannigan & Gibbs van Brunschott, supra note 19, at 344. 

106. Simons & Whitbeck, supra note 39, at 370. 

107. McCormack et al., supra note 39, at 392-393. 

108. Simons & Whitbeck, supra note 39, at 370-371. Being abused or neglected placed children at increased 

risk for an arrest as a juvenile. Neglected children are at increased risk for arrest for prostitution, and 

childhood sexual abuse victims are at particular increased risk of arrest for prostitution. Cathy S. Widom 

& M. Ashley Ames, Criminal Consequences of Childhood Sexual Victimization, 18 CHILD ABUSE 

NEGLECt 303, 310, 312 (1994). 

109. Yates et al., supra note 37, at 545. 

110. Id. at 548. 

111. Morey & Friedman, supra note 18, at 396. 

112. ld. 

113. Sullivan, supra note 17, at 64. 

114. Morey & Friedman, supra note 18, at 395. 

115. Id. at 397. 

116. Giobbe, supra note 49, at 127. 

117. Barry, supra note 50, at 30-31. 

118. Yates et al., supra note 37, at 547. Overall, street youth who were sexually or physically abused had 

odds of attempting suicide that were 1.9 to 4.3 times the odds of their nonabused peers. Molnar et al., supra 

note 3, at 219. 

119. Whitcomb, De Vos & Smith, supra note 4, at 21. 

120. Molnar, supra note 3, at 220. 

121. In a New York clinic of mostly African American and Hispanic runaways practicing survival sex, 20 

percent reported 100 or more lifetime sexual encounters. Interviews with runaways in Los Angeles found 

nearly a third involved with survival sex. Morey & Freidman, supra note 18, at 396-397. 

122. Kral etal.,supra note 18, at 114. 

123. After IV drug users, youth engaged in prostitution and youth with high-risk sexual partners had the 

next greatest overall AIDS risk. Johnson et al., supra note 18, at 309, 318. See also Yates et al., supra note 37. 

124. Johnson et al., supra note 18, at 317. 

125. Cates, supra note 102, at 155-56. 

126. Sullivan, note 17, at 62. 

127. RM. Pyett & D.J. Warr, Vulnerability on the Streets: Female Sex Workers and HIV Risk, 9 AIDS CARE 

539, 543 (1997). 

128. Pelvic inflammatory disease was more than 14 times more likely; diagnosis of rape nearly 3 times as 

likely; and diagnoses such as infectious disease and uncontrolled asthma were found more often in involved youth than noninvolved peers. Yates et al., supra note 37, at 547. 

129. Massachusetts Department of Public Health, Bureau of Communicable Disease Control, 1996Adolescent Sexually Transmitted Disease in Massachusetts, http://www.magnet.state.ma.us/dph/dphhome.htm 

(March 13, 1998). 

130. Yates et al., supra note 37, at 547 (reporting 97 percent used drugs or alcohol). 

131./d. 

132. Assessment Report, supra note 9. 

133. Sullivan, supra note 17, at 64. 

134. Findings accompanying CAL. HEALTH & WEL. CODE § 11755.4 (West 1997). 

135. See Barry, supra note 50, at 220; Katyal, supra note 59. All these approaches fail to provide special 

protection for minors: regulation forces prostitution of juveniles underground to brothels or under false 

identification on the street; decriminalization tends to expand the amount of prostitution, juvenile prostitution in particular, and fails to address exploitation by pimps; and prohibition reduces the overall amount of 

prostitution but is not as successful in combating the prostitution of juveniles. Loken, supra note 51, at 45. 

136. See generally ILL. ANN. STAT. ch. 720, para. 11-14. 
8? 

137. Report of the Special Rapporteur, supra note 6. 

138. COLO. REV. STAT. ANN. § 18-7-401. 

139. Id. 

140. Whitcomb & Eastin, supra note 3, at 3. 

141. Juvenile Offenders and Victims: 1997 Update on Violence (Office of Juvenile Justice and Delinquency 

Prevention 1997). Girls are more likely to be arrested for their sexual behavior than boys. Girls Incorporated, Prevention and Parity: Girls in Juvenile Justice 14 (Office of Juvenile Justice and Delinquency 

Prevention 1996). Comparisons of juvenile male and female prostitution reveal that 63 percent of girls 

but only 5 percent of boys are arrested for prostitution. Barry, supra note 50, at 226 (citing Weisberg, 

CHILDREN OF THE NIGHT). 

142. See MICH. COMP. LAWS ANN. § 244.345; ME. REV. STAT. ANN. tit. 17A, § 851. 

143. Whitcomb & Eastin, supra note 3, at 4. 

144. Assessment Report, supra note 9. 

145. Id. 

146. In the Matter ofC.S, a/k/a L.A., A Person Alleged to be a Juvenile Delinquent, 591 N.Y.S.2d 691,693 

(N.Y. Fam. Ct. 1992). 

147. Whitcomb, De Vos & Smith, supra note 4, at 30. 

148. See chart titled "Criminal Statutes Within the United States Addressing the Prostitution of Children," 

page 50. This chart sets out the various state statutes of adult crimes relating to the prostitution of children. 

The dates of statutes are not included in the footnotes accompanying this text, but are referenced in the 

chart. 

149. TENN. CODE ANN. § 37-5-103 (1997). 

150. TENN. CODE ANN. § 39-13-512. Solicitation statutes may also apply to patrons. This type of solicitation 

prohibition is described in the text, infra, accompanying footnotes 192-209. 

151. COLO. REV. STAT. ANN. § 18-7-406; ME. REV. SXAT. ANN. tit. 17-A, § 855; MINN. STAT. ANN. § 609.324; N.J. 

STAT. ANN. § 2C:34-1 (knowingly engages in prostitution with minor); N.M. STAT. ANN. § 30-6A-4 (hiring or 

offering to hire child to engage in prostitution); N.Y. PENAL LAW §§ 230.04, 230.05,230.06; N.C. GEN. STAT. 

§ 14-190.19; S.C. CODE ANN. § 16-15-425; WASH. REV. CODE ANN. § 9.68A.100. Seealso IDAHO CODE § 18- 

5611 (inducing or attempting to induce person younger than 18 to patronize prostitute). 

152. CoLo. REV. STAX. ANN. § 18-7-406; see also WASH. REV. CODE ANN. § 9.68A. 100. See generally, State v. 

Farmer, 805 E2d 200 (Wash. 1991) (individual soliciting the prostitute or the payor of the fee violates the 

statute). 

153. N.Y. PENAL CODE § 230.04. 

154. N.Y. PENAL CODE § 230.05. 

155. N.Y. PENAL CODE § 230.06. 

156. ALA. CODE §§ 13A-12-11 l, 13A-12-112; ALASKA STAT. § 11.66.110; ARaZ. REV. STAT. ANN. §§ 13-3206, 13- 

3212; CAL. PENAL CODE §§ 266, 266a, 267; CoLo. REV. STAY. ANN. §§ 18-7-401, 18-7-402 to 18-7-407; CONN. 

GEN. STAT. ANN. §§ 53a-86, 53a-87; DEE. CoDEANN. tit. 1 l, §§ 1353, 1356; FLA. STAT. ANN. § 796.03; HAW. REV. 

STAT. §§ 712-1202,-1203; IDAHO CODE §§ 18-5609, 18-5611, 19-307; IND. CODEANN. § 35-45-4-4; IOWA CODE 

ANN. § 725.3; KY. REV. STAT. ANN. § 529.030; ME. REV. STAT. ANN. tit. 17-A, §§ 852,855; MASS. GEN. LAWS ANN. 

ch. 272, §§ 4A, 4B; MINN. STAr. ANN. § 609.322 -.324; MONT. CODE ANN. § 45-5-603; NEV. REV. STAT. § 201.360; 

N.H. REV. STAT. ANN. § 645:2; N.J. STAT. ANN. § 2C:34-1 ; N.Y. PENAL LAW §§ 230.25,230.30, 230.32,230.35; N.C. 

GEN. STAT. §§ 14-190.18, 14-190.19, 14-138.4; OUIO REV. CODE ANN. § 2907.21; OR. REV. SVAT. § 167.017; R.I. 

GEN. LAWS § 11-9-1; S.C. CODE ANN. §§ 16-15-415, -425; S.D. CODIFIED LAWS ANN. § 22-23-2; UTAH CODE ANN. 

§ 76-10-1306; WASH. REV. CODE ANN. §§ 9.68A. 100, 9A.88.070; W. VA. CODE §§ 61-8-7, 61-8-8; WIS. STAT. ANN. 

§§ 948.07,948.08; Wvo. STAT. § 6-4-103. 

157. ALA. CODE §§ 13A-12-111, 13A-12-112; ARIZ. REV. STAT. ANN. §§ 13-3206, 13-3212; CONN. GEN. STAT. ANN. 

§§ 53a-86, 53a-87; DEL. CoDE ANN. tit. 11, §§ 1353, 1356; HAW. REV. STAT. §§ 712-1202,- 1203; KY. REV. STAT. 

ANN. § 529.030; M~NN. STAT. ANN. § 609.322 -.324; N.Y. PENAL LAW §§ 230.25,230.30, 230.32,230.35; OHIO REV. 

CODE ANN. § 2907.21. 

158. CA. CODE ANN. § 16-6-13; ILL. ANN. STAT. ch. 720, para. 150/5.1; LA. REV. STAT. ANN. § 14:82.1; MICH. 

COMP. LAWS. ANN. § 750.462; NEB. REV. STAT. § 28-805; N.M. STAT. ANN. § 30-6A-4 (also enhances penalties 

for children younger than 13); TEX. PENAL CODE ANN. § 43.05. 

159. ARK. CODE ANN. §§ 5-70-101, - 104; CAL. PENAL CODE § § 266h, 266i, 266j; D.C. CODE ANN. § 22-2704; ILL. 

ANN. STAT. ch. 720, para. 5/11-15.1,5/11-17.1,5/11-19.1,5/11-19.2; KAN. STAT. ANN. § 21-3513; ME. REV. STAT. 
3~ 

ANN. tit. 17-A, § 554; MD. ANN. CODE art. 27, § 1; MICH. COMP. LAWS. ANN. § 750.13; MO. ANN. STAT. 

§ 567.050; N.D. CENT. CODE § 12.1-29-02; OKLA. STAT. ANN. tit. 21, § § 1029, 1030, 1087, 108); PA. STAT. 

ANN. tit. 18, § 5902; VA. CODE ANN. § 18.2-48,-49; W.VA. CODE § 61-2-14. 

160. Miss. CODE ANN. § 97-5-5. 

161. Assessment Report, supra note 9; see also Sharon G. Elstein & Noy Davis, Sexual Relationships 

Between Adult Males and Young Teen Girls: Exploring the Legal and Social Responses (American Bar 

Association Center on Children and the Law 1997). 

162. Loken, supra note 51, at 75. 

163. LA. REV. STAT. ANN. § 14:86; see also NEV. REV. STAT.§ 201.360 (applying to anyone who decoys, entices, 

procures, or induces person younger than 21 to go into or visit, on any pretext or for any purpose, any place 

or room used for prostitution). 

164. CAL. PENAL CODE § 266h; COLO. REV. STAT. ANN. § 18-7-405; IEL. ANN. STAr. ch. 720, para. 5/11-19.1; W. 

VA. CODE § 61-8-8. 

165. COLO. REV. STAT.ANN. § 18-7-40. 

166. ILL. ANN. STAT. ch. 720, para. 5/11-19.1. 

167. IowA CODEANN. § 725.3. 

168. Defendant orchestrated a juvenile-prostitution ring involving four runaway girls. They testified that 

he thought up the scheme, encouraged them to prostitute themselves, arranged sexual encounters, and told 

them to make their patrons feel good. State v. Steer, 517 A.2d 797 (N.H. 1986). 

169. People v. Belt, 201 Cal. App. 3d 1396 (1988) (person who agrees to give money or thing of value for 

procuring or attempting to procure another person for prostitution is guilty of pandering). 

170. ld. at 1400. 

171. ARK. CODE ANN. § 5-70-104; CAL. PENAL CODE § 266j; COLO. REV. STAT. ANN. § 18-7-403.5; FLA. STAr. ANN. 

§ 796.03; OKLA. STAT. ANN. tit. 21, § 1029; PA. STAT. ANN. tit. 18, § 5902; S.D. CODIFIED LAWS ANN. § 22-23-2; 

UTAH CODE ANN. § 76-10-1306; W. VA. CODE § 61-8-7. 

172. ILL. ANN. STAT. ch. 720, para. 5/11-19.2; IND. CODEANN. § 35-45-4-4; KY. REV. STAr. ANN. § 529.030; 

MO. ANN. STAT.§ 567.050; OHIO REV. CODE ANN. § 2907.21; OR. REV. STAT.§ 167.017; TEX. PENAL CODE ANN. 

§ 43.05; Wvo. STAr. § 6-4-103. 

173. ALASKA STAT.§ 11.66.110; ARIZ. REV. STAT. ANN. § 13-3212; COLO. REV. STAT. ANN. § 18-7-405.5; IDAHO 

CODE § 18-5609; KAN STAT. ANN. § 21-3513; MrNN. STAT. ANN. § 609.322; MIss. CoDE ANN. § 97-5-5; NEV. REV. 

STAT. § 201.360; N.H. REV. STAT. ANN. § 645:2; OKLA. STAT. ANN. tit. 21, § 1029; OR. REV. STAT. § 167.017; TEX. 

PENAL CODE ANN. § 43.05; Wvo. STAT.§ 6-4-103. 

174. COLO. REV. STAT. ANN. § 18-7-403.5; see also CAL. PENAL CODE § 266j. 

175. COLO. REV. STAT. ANN. § 18-7-405.5. See also People v. Young, 694 P.2d 841 (Colo. 1985) (offering victim 

money to masturbate in defendant's presence constituted one type of conduct intended to be punished 

under the inducement of child prostitution statute, which demonstrates a clear legislative intent to prohibit 

the sexual exploitation of children by monetary or other economic inducement). 

176. ORE. REV. STAT.§ 167.017; seealso OHIO REV. CoDEANN. § 2907.21; TEX. PENAL CODEANN. § 43.05. 

177. State v. Wood, 579 P.2d 294, 296 (Or. 1978). The court contrasted the section prohibiting coercion of an 

adult with the applicable section, which is "intended to prohibit 'conduct that exploits the immature' 

regardless of coercion." Id. 

178. Id. 

179. ALA. CODE § 13A- 12-110(1); see also ARK. CODE ANN. § 5-70-101. 

180. ALA. CODE § 13A- 12-110(2); see also DEE. CODE ANN. tit. 11, § 1352, 1353; MINN. STAT. ANN. § 609.322. 

181. ALA. CODE §§ 13A-12-11 l, 13A-12-112; ARK. CODE ANN. §§ 5-70-101, -104; CONN. GEN. STAT. ANN. 

§ 53a-86, -87; DEE. CODEANN. tit. 11, §§ 1352, 1353, 1356; HAW. REV. STAT. §§ 712-1202, -1203; N.Y. PENAL 

LAW §§ 230.25,230.30, 230.32,230.35; WASH. REV. CODE ANN. § 9A.88.070. 

182. ALA. CODE §§ 13A-12-111, 13A-12-112; ALASKA STAT.§ 11.66.110; ARK. CODEANN. § 5-70-101, -104; 

CONN. GEN. STAr. ANN. §§ 53a-86, 53a-87; DEL. CODE ANN. tit. 11, §§ 1352, 1353; HAw. REV. STAr. § 712-1202, 

-1203; IND. CODE ANN. § 35-45-4-4; KAN STAr. ANN. § 21-3513;KY. REV. STAr. ANN. § 529.030; MINN. STAT. ANN. 

§ 609.322; ME. REV. STAT. ANN. tit. 17-A, § 852; MINN. STAT. Ar~. § 609.323; Mo. ANN. STAr. § 567.050; MONT. 

CODE ANN. § 45-5-603; N.J. STAr. ANN. § 2C:34-1 ; N.Y. PENAL LAW §§ 230.25,230.30, 230.32, 230.35; N.C. GEN. 

STAr. § 14-190.18; OHIO REV. CODEANN. § 2907.22; PA. STAr. ATTN. tit. 18, § 5902; S.C. CODEANN. § 16-15-425; 

S.D. CODIFIED LAWS ANN. § 22-23-2; WASH. REV. CODE ANN. § 9A.88.070. 
183. IND. CODE ANN. § 35-45-4-4; see also ALASKA SWAT. § 11.66.110; MONT. CODE ANN. § 45-5-603. 

184. KAN. SWAT. ANN. § 21-3513; see also OHIO REV. CODE ANN. § 2907.22; S.C. CODE ANN. § 22-23-2. 

185. See ARK. CODE ANN. § 5-70- l01 ; DEE. CODE ANN. tit. 11, § 1352, 1353. 

186. CONN. GEN. SWAT. ANN. § 53a-87. See also Commonwealth v. Herriott, 401 A.2d 841 (Pa. 1979) (juveniles 

at two apartments under direct control and management of another person who explained terms, dictated 

procedure, and determined fee to be charged and collected, customers were solicited by someone else 

and all monies were controlled by women who supervised juveniles' activities, was organized operation 

and not merely a casual operation for purposes of promoting prostitution statute). 

187. State v. Williams, 594 P.2d 1281 (Or. 1979). 

188. State v. Modest, 944 P.2d 417 (Wash. 1997). 

189. Id. See also Bell v. State, 668 E2d 829 (Alaska 1983) (defendant convicted of managing, supervising, 

controlling, or owning a prostitution enterprise other than a house of prostitution). 

190. DEE. CODE ANN. tit. 11, § 1352. 

191. DEE. CODE ANN. tit. 11, § 1353. 

192. Wls. SWAT. ANN. § 948.08. See also NES. REV. SWAT. § 28-805; OHIO REV. CODE ANN. § 2907.21 ; S.C. CODE 

ANN. § 16-15-425. 

193. ARK. CODE ANN. § § 5-70-101, - 104; CAL. PENAL CODE § 266h; DEL. CODE ANN. tit. 11, § 1356; ILL. ANN. 

SWAT. ch. 720, para. 5/11-15.1; KAN SWAT. ANN. § 21-3513; N.D. CENT. CODE § 12.1-29-02; OHIO REV. CODE ANN. 

§ 2907.21 ; PA. SWAT. ANN. tit. 18, § 5902; TENN. CODE ANN. § 39-13-512. 

194. See, e.g., ARK. CODE ANN. §§ 5-70-101, -104; KAN SWAT. ANN. § 21-3513; N.D. CENT. CODE § 12.1-29-02. 

195. See, e.g., CAL. PENAL CODE § 266h. 

196. See, e.g., COLO. REV. STAr. ANN. § 18-7-402. 

197. See, e.g.. ILL. ANN. SWAT. ch. 720, para. 5/11-15.1. 

198. The person to be charged under the soliciting for a juvenile-prostitute statute is one who acts on behalf 

of the juvenile prostitute in procuring customers. In this case the court decided the defendant's conduct in 

directing the minor to a known area for prostitution falls under the pandering statute. People v. Anderson, 

493 N.E.2d 410 (I11.1986) (distinguishing People v. Blair, 449 N.E.2d 172 (I11. 1983), which held that the 

solicitation statute proscribed both soliciting a prostitute and soliciting another on behalf of a prostitute, 

because it did not involve application of the statute regarding solicitation for a juvenile prostitute). 

199. 510N.E.2d 107 011. 1987). 

200. See People v. Jones, 6 l 5 N.E.2d 391,394 (Ill. 1993). 

201. Id. 

202. MINN. STAr.ANN. § 609.322; NEB. REV. SWAT. § 28-805; N.J. SWAT. ANN. § 2C:34-1; N.C. GEN. SWAT. § 14- 

190.19; OKLA. SWAT. ANN. tit. 21, § 1029; S.C. CoDEANN. § 16-15-425; TENN. CODE ANN. § 39-13-512. 

203. 819 P.2d 516 (Colo. 1991), rev 'd on other grounds, 839 E2d 1161 (Colo. 1992). 

204. People v. Bell, 201 Cal. App. 3d 1396 (1988) (sufficient that the purpose of the solicitation be to facilitate 

the actor's own commission of the offense) (citing People v. Cook, 151 Cal. App. 3d 1142 (1984)). 

205. See ALA. CODE § 13A-12-110; ARK. CODE ANN. § 5-70-101; DEL. CODE ANN. tit. 11, §§ 1352, 1353. 

206. See ALASKA SWAT. § 11.66. l l 0; ARK. CODE ANN. § 5-70-104. 

207. MINN. SWAT. ANN. § 609.322 (soliciting or inducing a child to practice prostitution). 

208. MINN. SWAT. ANN. § 609.323. 

209. At least 18 states and the District of Columbia have such laws. See, e.g., ARK. CODE ANN. § 5-14-110; 

IDAHO CODE § 18-1509; N.M. SWAT. ANN. § 30-9-1. Some of these statutes specify the venues covered (e.g., 

vehicles, buildings, secluded places, or isolated areas), while others are more general often referring to "any 

place." Not all cover children up to age 18 (i.e., they may set a younger age of 16 or even 12). A few states 

have also enacted separate offenses for using a computer for the purpose of enticing a child to commit an 

unlawful sexual act (e.g., encouraging the child, "online," to meet the adult when the adult intends to have 

an unlawful sexual encounter with the child). See, e.g., ILl_. ANN. SWAT. ch. 720, para. § 11-6. See also Protection of Children from Sexual Predators Act of 1998, Pub. L, No. 105-314, § 101, 112 Stat. 2974 (1998) (creating 

18 U.S.C. § 2425, Use of Interstate Facilities to Transmit Information about a Minor). 

210. ARIZ. REV. SWAT. ANN. § 13-3212; MONT. CoOEANN. § 45-5-603; NEV. REV. STAr. § 201.360; N.J. SWAT.ANN. 

§ 2C:34-1 ; N.C. GEN. SWAT. § 14-318.4; OHIO REV. CODE ANN. § 2907.21 ; OR. REV. SWAT. § 167.017; S.D. CODIFIED 

LAWS ANN. § 22-23-2. 

211. LA. REV. STAr. ANN. § 14:82.1. 
212. MONT. CODE ANN. § 45-5-603. 

213. MINN. STAT. ANN. § 631.52. 

214. Id. 

215. MAss. GEN LAWS ANN. ch. 272, § 4A. 

216. OKLA. STAT. ANN. tit. 21, § 1029. 

217. MD. ANN. CODE art. 27, § 1. 

218. State v. Modest, 944 P.2d 417 (Wash. 1997). 

219. CAL. PENAL CODE § 266i. 

220. People v. Hansen, 708 P.2d 468 (Colo. 1985). 

221. People v. Young, 694 P.2d 841 (Colo. 1985) (defendant made overt attempt to persuade victim to 

masturbate for money in violation of the statute). 

222. Bell v. State, 668 P.2d 829 (Alaska 1983). 

223. 487 P.2d 793 (Wash. 1971). 

224. State v. Barnett, 600 P.2d 877 (Or. 1979) (evidence directly proving promoting charge was just part of 

larger body of evidence proving attempted compelling prostitution charge); State v. Williams, 594 P.2d 1281 

(Or. 1979) (evidence that defendant maintained place of prostitution and received earnings from prostitute 

directly proved crime of promoting prostitution, and same evidence indirectly proved charge of compelling 

prostitution by being basis of inference that defendant used two girls to engage in prostitution, which could 

not be sustained without such evidence; charge of promoting prostitution should have been merged with 

two charges of compelling prostitution). 

225. In State v. Simon, 831 E2d 139 (Wash. 1992), the court ruled that the information used to charge the 

defendant was constitutionally insufficient because it failed to allege an essential element of one of the 

charged means of committing the crime, specifically, knowledge that the person prostituted was younger 

than 18. It therefore failed to state an offense. Because a colon follows "knowingly" in the statute, it requires 

knowledge as to both means of promoting prostitution (by threat and force or person younger than 18). 

Because it was impossible to determine from the single verdict whether the jury was unanimous that 

defendant promoted prostitution by use of threat and force, the court remanded for a new trial. See also 

People v. Bath, 890 E2d 269 (Colo. 1994) (affirmative defense provision eliminates culpable mental state 

of"knowingly" and replaces it with "reasonable belief"). 

226. 455 N.E.2d 642 (Mass. 1983). 

227. N.Y. PENAL LAW § 230.07. New York increases the grade of the "patronizing" offense according to the 

age of the child. 

228. ILL. ANN. STAr. ch. 720, para. 5/11-19.1. 

229. See generally National Center for Prosecution of Child Abuse, INVESTIGATION AND PROSECUTION OF CHILD 

ABUSE (S. Marx & E Toth, eds., 2d ed., American Prosecutors Research Institute 1993). 

230. Bell v. State, 668 P.2d 829 (Alaska 1983) (legislature may, consistent with due process requirements, 

preclude mistake of age as defense to promoting prostitution in the first degree (person younger than 16 

years of age)). 

231. CoLo. REv. STAT. ANN. § 18-7-407 (emphasis added). 

232. ALASKA STAY. § 11.66.110; LA. REV. STAT. ANN. §§ 14:82.1, 86; MONT. CoDEANN. § 45-5-603; N.C. GEN. 

STAT. §§ 14-190.18, 190.19; OHio REV. CODE ANN. §§ 2907.21,2907.22; PA. STAT. ANN. tit. 18, § 5902; S.C. CODE 

ANN. §§ 16-15-415,-425. 

233. Fassett & Walsh, supra note 10, at 30. 

234. Whitcomb & Eastin, supra note 3, at 4; Whitcomb, De Vos & Smith, supra note 4, at 16. 

235. Fassett & Walsh, supra note 10, at 30. 

236. Fed. R. Evid. 412. The exceptions include evidence of specific instances of sexual behavior by the 

alleged victim offered to prove that someone other than the defendant was the source of semen, injury, 

or other physical evidence; evidence of specific instances of sexual behavior by the alleged victim with 

respect to the defendant offered by the accused to prove consent or by the prosecution; or evidence 

that would violate the Constitution to exclude. 

237. John E.B. Myers, EVIDENCE IN CHILD ABUSE AND NEGLECT CASES (3d ed., New York: John Wiley & Sons, 

Inc., 1997); INVESTIGATION AND PROSECUTION OF CHILD ABUSE, supra note 229, at 270. 

238. See, e.g., ALA. CODE § 12-21-203; GA. CODEANN. § 24-2-3; ILL. ANN. STAT. ch. 725, para. 5/115-7; KAN. 

STAT. ANN. § 21-3525; MICH, COMP. LAWS. ANN. § 750.520j; N.J. STAT. ANN. § 2A:84A-32.1 ; R.I. GEN. LAWS 

§ 11-37-13. 
239. IDAHO CODE § 19-2115. 

240. INVESTIGATION AND PROSECUTION OF CHILD ABUSE, supra note 229, at 233. 

241. MrNN. STAT. ANN. § 609.3232. 

242. Whether "patronizing" statutes are actually enforced is a separate issue. In a study of the Boston 

Municipal Court, computer-generated lists of all prostitution related offenses did not include a single act 

of a client being arraigned despite assertions that the police periodically conduct "sweeps for prostitution 

customers, arresting 40 to 50 at a time, a few times a year." In addition, the use of undercover vice officers 

as "decoys" may result in fewer arrests of patrons. Since most of the officers are male, it is mainly women 

and a few male prostitutes who get arrested. Kandel, supra note 69, at 335-36. 

243. State v. Farmer, 805 P.2d 200 (Wash. 1991) (defendant's intent in each crime was different, namely for 

sexual gratification and to photograph the minors engaged in sexually explicit conduct; one crime did not 

further the other and therefore did not encompass same criminal conduct). 

244. State v. Modest, 944 P.2d 417 (Wash. 1997) (sentencing court may not rely on multiple victims as 

aggravating factor when state filed charges for each victim; however, additional incidents of prostitution not 

considered in setting presumptive range could be considered aggravating factors in sentencing for direction 

of prostitution ring). 

245. See National Center for Prosecution of Child Abuse, Statutory Summaries (American Prosecutors 

Research Institute 1998). 

246. ILL. ANN. STAT. ch. 720, para. 5/11-17:1, 19.2. 

247. INVESTIGATION AND PROSECUTION OF CHILD ABUSE, supra note 229, at 233. 

248. GA. CODE ANN. § 9-3-33.1. 

249. Act of June 25, 1910, ch. 395, 36 Stat. 825 (codified as amended at 18 U.S.C. §§ 2421-2424 (1998)). 

250. Pub. L. No. 99-628, § 5 (1986) (repealing and recodifying 18 U.S.C. §§ 2421-2423). 

251. Protection of Children from Sexual Predators Act of 1998, Pub. L. No. 105-314, I 12 Stat. 2974 (1998). 

252. The full text of Title 18, Section 2421, as amended by Section 106 of the Protection of Children from 

Sexual Predators Act, Pub. L. No. 105-314, 112 Stat. 2974, reads 

Whoever knowingly transports any individual in interstate or foreign commerce, or in any territory 

or possession of the United States, with intent that such individual engage in prostitution, or in 

any sexual activity for which any person can be charged with a criminal offense, or attempts to 

do so, shall be fined under this title or imprisoned not more than 10 years, or both. 

253. The full text of 18 U.S.C. § 2422, as amended by Section 102 of the Protection of Children from Sexual 

Predators Act, Pub. L. No. 105-314, 112 Stat. 2974, states 

(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in 

prostitution, or in any sexual activity for which any person can be charged with a criminal offense, 

or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. 

(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within 

the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, 

entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts 

to do so, shall be fined under this title, imprisoned not more than 15 years, or both. 

254.997 ESupp. 246 (D.Conn. 1997). 

255.18 U.S.C. § 2423, as amendedby Protection of Children from Sexual Predators Act, § 103, Pub. L. No. 

105-314, 112 Stat. 2974 (1998). "Sexual act" is defined as (A) contact between the penis and the vulva or 

the penis and the anus, and for purposes of the subparagraph contact involving the penis occurs upon 

penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the 

mouth and the anus; (C) the penetration, however, slight, of the anal or genital opening of another by a hand 

or finger or object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire 

of any person; or (D) the intentional touching, not through clothing, of the genitalia of another person who 

has not attained the age of 16 years with the intent to abuse, humiliate, harass, degrade, or arouse or gratify 

the sexual desire of any person. "Sexual contact" means the intentional touching, either directly or through 

the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to 

abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 18 U.S.C. § 2246 

(West 1998). The PCSPA also adds offenses relating to child pornography in the definition of sexual activity 
for which a person can be charged with a criminal offense. Pub. L. No. 105-314, § 105, 112 Stat. 2974 (1998). 

256. A drafting error that caused the statute to define "sexual act" by reference to a statute punishing only 

criminal sexual abuse resulting in death was corrected by Congress in Pub. L. No. 104-71, § 5, 109 Stat. 774 

(1995). See United States v. Moore, 1998 WL 81287 (9th Cir. (Cal.)); United States v. Childress, 104 E3d 47 

(4th Cir. 1996). 

257. United States v. Wright, 128 E3d 1274 (8th Cir. 1997) (noting that Supreme Court has repeatedly said 

crossing state lines is interstate comrherce regardless of whether any commercial activity is involved). 

258. United States v. Brockdorff, 992 ESupp. 22 (D.D.C. 1997) (upholding constitutionality of§ 2423(b)); 

United States v. Kufrovich, 997 ESupp. 246 (D.Conn. 1997). 

259. Loken, supra note 51, at 68. Loken also notes that it would technically be possible for a prostitute to be 

charged as an accomplice to her own transportation by purchasing a ticket for interstate travel by a pimp or 

patron. Id. 

260. Protection of Children from Sexual Predators Act of 1998, Pub. L. No. 105-314, § 101, 112 Stat. 2974 

(1998). 

§ 2425. Use of interstate facilities to transmit information about a minor. Whoever, using the mail or 

any facility or means of interstate or foreign commerce, or within the special maritime and territorial 

jurisdiction of the United States, knowingly initiates the transmission of the name, address, 

telephone number, social security number or electronic-mail address of another individual, 

knowing that such other individual has not attained the age of 16 years, with the intent to 

entice, encourage, offer, or solicit any person to engage in any sexual activity for which any 

person can be charged with a criminal offense, or attempts to do so, shall be fined under this 

title, imprisoned not more than 5 years, or both. 

261. 992 ESupp. 22 (D.D.C. 1997). 

262. Id. 

263.49 E3d 1079 (5th Cir.), cert. denied, 116 S.Ct. 201 (1995). 

264. Id. at 1083. 

265. United States v. Vang, 128 E3d 1065 (7th Cir. 1997); United States v. Kinslow, 860 E2d 963,967 (9th Cir. 

1988), cert. denied, 493 U.S. 829 (1989). 

266. 507 E2d 22, 24 (7th Cir. 1974); see also United States v. Ellis, 935 E2d 385,389 (1 st Cir.) (approving jury 

instruction requiring government to "prove that the defendant's immoral purpose was not a mere incident of 

the trip or trips but was at least one of the defendant's motivations for taking the trip in the first place"), 

cert. denied, 502 U.S. 869 (1991). 

267. 513 U.S. 64 (1994). 

268. 997 ESupp. 246 (D. Conn. 1997). 

269. Id. 

270. United States v. Hamilton, 456 E2d 171 (3d Cir. 1972), cert. denied, 406 U.S. 947 (1972). 

271. 18 U.S.C. § 2241, as amended by Protection of Children from Sexual Predators Act, Pub. L. No. 105-314, 

§ 301(a), 112 Stat. 2974 (1998), reads 

(a) By force or threat.--Whoever, in the special maritime and territorial jurisdiction of the United 

States or in a Federal prison, knowingly causes another person to engage in a sexual act- 

(l) by using force against the other person; or 

(2) by threatening or placing that other person in fear that any person will be subjected 

to death, serious bodily injury, or kidnapping; 

or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. 

(b) By other means.--Whoever, in the special maritime and territorial jurisdiction of the United 

States or in a Federal prison, knowingly- 

(l) renders another person unconscious and thereby engages in a sexual act with that 

other person; or 

(2) administers to another person by force or threat of force, or without the knowledge or 

permission of that person, a drug, intoxicant, or other similar substance and thereby- 

(A) substantially impairs the ability of that other person to appraise or control 

conduct; and 
(B) engages in a sexual act with that other person; 

or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. 

(c) With children.--Whoever crosses a State line with intent to engage in a sexual act with a person 

who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the 

United States or in a Federal prison, knowingly engages in a sexual act with another person who 

has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstance 

described in subsections (a) and (b) with another person who has attained the age of 12 years but 

has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), 

or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. 

If the defendant has previously been convicted of another Federal offense under this subsection, 

or of a State offense that would have been an offense under either such provision had the offense 

occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced 

to life in prison. 

(d) State of mind proof requirement.--In a prosecution under subsection (c) of this section, the 

Government need not prove that the defendant knew that the other person engaging in the sexual 

act had not attained the age of 12 years. 

272. 18 U.S.C. § 2243, as amended by Protection of Children from Sexual Predators Act, Pub. L. No. 105-314, 

§ 301(b), 112 Star. 2974 (1998) reads 

(a) Ofa minor.--Whoever, in the special maritime and territorial jurisdiction of the United States or 

in a Federal prison; knowingly engages in a sexual act with another person who- 

(l) has attained the age of 12 years but has not attained the age of 16 years; and 

(2) is at least four years younger than the person so engaging; 

or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. 

(b) Ofa ward.--Whoever, in the special maritime and territorial jurisdiction of the United States or 

in a Federal prison, knowingly engages in a sexual act with another person who is- 

(l) in official detention; and 

(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; 

or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both. 

(c) Defenses.--(l) In a prosecution under subsection (a) of this section, it is a defense, which 

the defendant must establish by a preponderance of the evidence, that the defendant reasonably 

believed that the other person had attained the age of 16 years. 

(2) In a prosecution under this section, it is a defense, which the defendant must establish 

by a preponderance of the evidence, that the persons engaging in the sexual act were at 

that time married to each other. 

(d) State of mind proof requirement.--In a prosecution under subsection (a) of this section, the 

Government need not prove that the defendant knew- 

(l) the age of the other person engaging in the sexual act; or 

(2) that the requisite age difference existed between the persons so engaging. 

See also 18 U.S.C. § 2244(c), as amended by Protection of Children from Sexual Predators Act, Pub. L. No. 

105-314, § 302, 112 Stat. 2974 (1998) (abusive sexual contact offenses involving young children). 

273. 987 F.2d 631 (9th Cir. 1993). 

274. United States v. Richards, 118 F.3d 622 8th Cir. 1997). 

275.86 E3d 129 (8th Cir. 1996). 

276. 976 E2d 1252 (9th Cir. 1992). 

277. 942 E2d 775 (10th Cir. 1991), cert. denied, 502 U.S. 1042 (1992). But see Arcoren v. United States, 929 

E2d 1235 (8th Cir.), cert. denied, 502 U.S. 913 (1991) (reversible error to preclude defendant from introducing 

mistake of age evidence under §§ 2242 and 2244). 

278. 18 U.S.C. § 2241(d); 18 U.S.C. § 2243(d). 

279. 18 U.S.C. § 2251 et seq., as amendedby Protection of Children from Sexual Predators Act, Pub. L. No. 

105-314, §§ 201-02, 112 Stat. 2974 (1998). See also United States v. Smith, 795 E2d 841 (9th Cir. 1986), cert. 

denied, 481 U.S. 1032 (1987) (unprocessed film constitutes a "visual depiction" for the purposes of 18 U.S.C. 

§ 2252(a)). 

280. United States v. Smith, 795 E2d 841 (9th Cir. 1986), cert. denied, 481 U.S. 1032 (I 987). 
)4 

281. 636 E Supp. 828 (S.D. Cal. 1986), aff'dsub, nom. United States v. Weigand, 812 E2d 1239 (9th Cir.), cert. 

denied, 484 U.S. 856 (1987). 

282.32 E3d 733 (3d Cir. 1994), cert. denied, 513 U.S. 1109 (1995). 

283. Pub. L. No. 101-647, 9 323, 104 Stat. 4789, 4818 (1990). 

284. 18 U.S.C. 9 2251 (a), as amended by Protection of Children from Sexual Predators Act, 9 201. 

285. 33 E3d 78 (D.C.C. 1994), rehearing denied, 47 E3d 1215 (1995), cert. denied, 515 U.S. 1158 (1995). 

See also Connection Distributing Co. v. Reno, 154 E3d 281 (6th Cir. 1998) (Child Protection Restoration 

and Penalties Enhancement Act was narrowly tailored and did not violate First Amendment, did not act 

as unconstitutional prior restraint and did not violate readers' free association rights). 

286. Pub. L. No. 104-208, 9 121, 110 Stat. 3009, 3009-26 (1996). 

287. United States v. Hilton, No. 98-513, slip op. at 3 (1 st Cir. Jan. 27, 1999), rev 'g 999 E Supp. 131 (D. Maine 

1998). 

288. 1997 WL487758 (N.D.Cal.). 

289. 18U.S.C. 9 1962(1982). 

290. Loken, supra note 51, at 68. 

291. Id. 

292. Id. 

293. U.S.S.G. 9 1B1.3(a)(1)(A)(1997). 

294. See United States v. Matthews, 116 E3d 305,307 (7th Cir. 1997)); United States v. Vang, 128 E3d 1065 

(7th Cir. 1997). 

295. United States v. Somner, 127 E3d 405 (5th Cir. 1997) (upholding enhancements for "coercion," "vulnerable victim," and "obstruction" in prosecution under 9 2423). 

296. United States v. Robinzine, 80 E3d 246 (7th Cir. 1996) (defendant subject to two-level enhancement 

under Sentencing Guidelines for obstruction of justice based upon victim's testimony that defendant 

threatened her when being arrested and friend of defendant bribed her and threatened her not to cooperate). 

297. United States v. Anderson, 1998 WL 130158 (1 st Cir. (Mass.)). 

298. United States v. Johnson, 132 E2d 1279 (9th Cir. 1997) ("vulnerable victim" enhancement appropriate 

under U.S.S.G. 9 3A 1.1 when victim was 17 years old, had no family or friends in town). 

299. Pub. L. No. 105-314, § 501, 112 Stat. 2974 (1998). 

300. Id. 9 504. 

301. Id. 9 505. 

302. Id. 9 602. 

303. ld. 9 603. 

304. Id. 9 605. 

305. See 18 U.S.C. 9 2259 (West 1998). 

306. 18 U.S.C. 9 3663(a)(2). 

307. United States v. Johnson, 132 E3d 1279 (9th Cir. 1997). 

308.28 U.S.C.S. 9 534 (a) (Law. Co-op. 1996). 

309. 42 U.S.C.S. 99 5771-777 (Law. Co-op. 1996). 

310. The National Center for Missing & Exploited Children offers these services per 42 U.S.C. 95771 and 42 

U.S.C. 9 290. 

311. Fassett & Walsh, supra note 10, at 9. 

312. Assessment Report, supra note 9. 

313. ld. 

314. Id. Child-sexual exploitation cases comprise less than 5 percent of cases that come into prosecutors' 

offices. Id. See also Whitcomb, De Vos & Smith, supra note 4, at 5. 

315. Fassett & Walsh, supra note 10, at 9; Whitcomb, De Vos & Smith, supra note 4, at 14, 43. 

316. Assessment Report, supra note 9. 

317. Whitcomb & Eastin, supra note 3, at 28, 42; Whitcomb, De Vos & Smith, supra note 4, at 14. 

318. Whitcomb, De Vos & Smith, supra note 4, at 4. 

319. Assessment Report, supra note 9. 

320. Fassett & Walsh, supra note 10, at 9. 

321. Id. 
322. Whitcomb, De Vos & Smith, supra note 4, at 16, 40. 

323. Whitcomb & Eastin, supra note 3, at 5. 

324. Id.at 21 (citing Child Sexual Exploitation." Improving Investigations and Protecting Victims, A 

BlueprintforAction (Office of Victims of Crime 1996)). 

325. Id. 

326. Id. at 9. The agencies involved in the SAFE Team are the US Attorney's Office, Federal Bureau of 

Investigation, Naval Criminal Investigative Service, US Customs Service, US Postal Inspection Service, 

California Department of Justice, Los Angeles County Sheriff's Department, Los Angeles Police Department, Los Angeles County District Attorney's Office, California Department of Corrections (Parole and 

Community Service Division), and Huntington Beach Police Department (Orange County). ld. at 10. 

327. Id. 

328. Id. at 9-10. 

329. Id. 

330. Id. at 46. 

331. Id. at 13. 

332. Id. 

333. Id. at 19. 

334. ld. at 20. 

335. ld. 

336. Id. 

337. Id. at 23. 

338. ld. at 15; Whitcomb, De Vos & Smith, supra note 4, at 10-17. 

339. Assessment Report, supra note 9. 

340. Whitcomb & Eastin, supra note 3, at 16. 

341. Assessment Report, supra note 9. 

342. Whitcomb & Eastin, supra note 3, at 24. 

343. ld. at 17. 

344. Id. at 18. 

345. Assessment Report, supra note 9; Whitcomb, De Vos & Smith, supra note 4, at 25-33. 

346. Assessment Report, supra note 9; Whitcomb, De Vos & Smith, supra note 4, at 17-24. 

347. Assessment Report, supra note 9; Whitcomb, De Vos & Smith, supra note 4, at 33-43. 

348. Assessment Report, supra note 9, at 167. 

349. Id. 

350. Id. at 164. 

351. Whitcomb & Eastin, supra note 3, at 5. 

352. Assessment Report, supra note 9. 

353. Fassett & Walsh, supra note 10, at 30; Whitcomb & Eastin, supra note 3, at 38; Assessment Report, 

supra note 9; Whitcomb, De Vos & Smith, supra note 4. 

354. See Whitcomb, De Vos & Smith, supra note 4, at 103. 

355. Whitcomb & Eastin, supra note 3, at 4. 

356. MINN. STAT. ANN. § 626.558 (West 1997). 

357. Seng, supra note 27, at 674. 

358. Title III of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. No. 93-415, 88 Stat. 

1109(1974). 

359. Assessment Report, supra note 9. 

360. Id. 

36 I. Whitcomb, De Vos & Smith, supra note 4, at 17. 

362. Fassett & Walsh, supra note 10, at 31; Assessment Report, supra note 9, at 162; Whitcomb, De Vos & 

Smith, supra note 4, at 104 (the prostitution-involved youth/pimp relationship "resembles a cult phenomenon-suggesting that 'de-programming' techniques may apply"). 

363. Molnar, supra note 3, at 220-21. 

364. Morey & Friedman, supra note 18, at 397. 

365. Seng, supra note 27, at 674. 

366. Sullivan, supra note 17, at 60. 
367. Johnson et al., supra note 18, at 320. 

368. Morey & Friedman, supra note 18, at 398. 

369. Wurzbacher et al., supra note 25, at 550. See also Whitcomb, De Vos & Smith, supra note 4, at 102 

(because many prostitution-involved youth retain some connection to school, well-trained teachers and 

school staff could recognize signs of exploitation and provide early intervention). 

370. School attenders showed less depression, improved school sentiment, improved self-esteem, and 

reduced prostitution activity after fewer than 2 months of street school. Wurzbacher et al., supra note 25, 

at553. 

371./d. at 550. 

372. CAL. HEALTH & WEE. CODE § 11755.4 (West 1997). 

373. Cates, supra note 102, at 156. 

374. Many children are forced into the sex trade under "conditions that are indistinguishable from slavery." 

Report of the Special Rapporteur, supra note 6, ¶ 34. 

375. Muntarbhom, International Perspectives and Child Prostitution in Asia, in FORCED LABOR: THE 

PROSTITUTION OF CHILDREN at 9 (Jaffee & Rosen, eds., US Department of Labor 1996). 

376. Report of the Special Rapporteur, supra note 6, ¶ 56. 

377. End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), 

Country Reports (last modified Aug. 2 l, 1996) <http://www.rb.se/ecpat/country.htm> (quoting Vitit 

Muntarbhorn, Washington, 1995) [hereinafter Country Reports]. 

378. See Ennew et al., Children and Prostitution: How Can We Measure and Monitor the Commercial 

Sexual Exploitation of Children? Literature Review and Annotated Bibliography (Centre for Family 

Research & Childwatch International 1996). 

379. Muntarbhorn, supra note 375, at 11. 

380. Country Reports, supra note 377. 

381./d. 

382. Dorianne Beyer, Child Prostitution in Latin America, in FORCED LABOR: THE PROSTITUTION Or CHmDREN 

32, 37 (Jaffee & Rosen, eds., US Department of Labor 1996). 

383. Country Reports, supra note 377. 

384. Id. 

385. Id. See also Beyer, supra note 382, at 37. 

386. Beyer, supra note 382, at 39. 

387. Id. See also Barry, supra note 50, at 173; Douglas Hodgson, Sex Tourism and Child Prostitution in 

Asia: Legal Responses and Strategies, 19 MELB. U. L. REV. 512, 515 (1994). 

388. Country Reports, supra note 377. 

389. Id. 

390. Id. 

391. Id.; Hodgson, supra note 387, at 515. 

392. Country Reports, supra note 377. 

393. Id. See also Hodgson, supra note 387, at 514. 

394. Country Reports, supra note 377. 

395. Id. See also Hodgson, supra note 387, at 514; Vicki E Li, Comment, ChildSex Tourism to Thailand: 

The Role of the United States as a Consumer Country, 4 PAC. RIM L. & POL'Y J. 505 (1995). 

396. The Paedo File, ECPAT Newsletter (ECPAT International, Bangkok, Thailand), Aug. 1996, at 4, 4. 

397. Country Reports, supra note 377. 

398. Charlotte Bunch, The Intolerable Status Quo: Violence Against Women and Girls, in The Progress 

of Nations 1997 (visited Sept. 28, 1998) <http://www.unicef.org/pon97/women 1 .htm>. 

399. Helena Karl6n & Christina Hagner, Commercial Sexual Exploitation of Children in Some Eastern 

European Countries (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual 

Purposes 1996). See also Crime and Servitude." An ExposO of the Traffic in Women for Prostitution from 

the Newly Independent States (Global Survival Network & International League for Human Rights 1997). 

400. Country Reports, supra note 377. 

401. Draft Declaration, supra note l, at 2. 
402. World Health Organization, Commercial Sexual Exploitation of Children: The Health and Psychological Dimensions, at 23, World Congress Against Commercial Sexual Exploitation of Children, Stockholm, 

Sweden (August 27-31, 1996). 

403. Id. at 15. 

404./d. at 27. 

405. Draft Declaration, supra note 1, at 2. 

406. Seventy percent of young women working in the sex industry migrate from rural areas. Patricia D. 

Levan, Note, Curtailing Thailand's Child Prostitution Through an International Conscience, 9 AM. U. J. 

INT'L L. & POL'Y 869, 873 (1994) (citing Thanh-Dam Truong, Virtue, Order, Health andMoney: Towards a 

Comprehensive Perspective on Female Prostitution in Asia 17-21, U.N. Economic and Social Commission 

for Asia and the Pacific, U.N. Doc. ST/ESCAP/388 (1985)); see also Hodgson, supra note 387, at 516-17. 

407. Jane Cassidy, The Unseen Menace, 92 NURSrNG TIMES 50, 5 l (1996). 

408. Draft Declaration, supra note 1, ¶ 6. 

409. Muntarbhorn, supra note 375, at 11. 

410. Ladda Saikaew, A Non-Governmental Organization Perspective, in FORCEO LABOR: THE PROSTITUTION OF 

CHILDREN at 68 (Jaffee & Rosen, eds., US Department of Labor 1996). 

411. Draft Declaration, supra note 1, ¶ 6; Hodgson, supra note 387, at 520-21. 

412. Li, supra note 395, at 507. 

413. John Grafilo, Sexual Exploitation of Children, Women Rises in Asia, COMTEX Newswire (Manila), 

Nov. 7, 1997 (comments at International Conference on the Trafficking and Commercial Sexual Exploitation 

of Women and Children). 

414. Li, supra note 395, at 508. Patrons of "casa girls" in Angeles City are primarily men from the United 

States who are stationed at Clark Air Force Base and in Olongopo City from Subic Naval Base. Susan 

Edwards, The Legal Regulation of Prostitution: A Human Rights Issue, in RZTHINKING PROSTITUTION" 

PURCHASING SEX IN THE 1990S at 72 (Scambler & Scambler eds., London: Routledge 1997). 

415. See Hodgson, supra note 387, at 520-21. 

416. Cassidy, supra note 407, at 51. 

417. Report of the Asia-Pacific Regional Preparatory Consultation for the World Congress Against 

Commercial Sexual Exploitation of Children at 72, Bangkok, Thailand (April 2-5, 1996); World Congress 

Against Commercial Sexual Exploitation of Children, Backgrounder 1: Prostitution of Children (visited 

Sept. 9, 1998) <http://www.usis.usemb.se/childrerdcsec/2262.htrn>. 

418. Draft Declaration, supra note 1, ¶ 7. 

419. ECPAT Bulletin (ECPAT International, Bangkok, Thailand), Feb. 1993, at 9 (citing Rights Activist: Flesh 

Trade StillFlourishing, Bangkok Post, Feb. 17, 1993). 

420. The Sex Sector: The Economic and Social Bases of Prostitution in Southeast Asia (Lin Lean, ed., 

International Labor Office, Geneva: 1998). 

421. One NAMBLA Bulletin article advised members to "weigh the pros and cons of becoming involved 

yourself in sex tourism overseas. Seek and find love from...boys [in the United States] on a platonic, 

purely emotional level. For sexual satisfaction, travel once or twice yearly overseas. You might get 

arrested overseas for patronizing a boy prostitute. But the legal consequences of being caught patronizing 

a boy prostitute in a friendly place overseas will be less severe." David Hechler, Child Sex Tourism, afterwardto ANDREW VACCHS, BATMAN: THE ULTIMATE EVIL (Warner Books 1995). 

422. Julia O'Connell Davidson, The Sex Exploiter, World Congress Against the Sexual Exploitation of 

Children at 6, Stockholm, Sweden (August 27-3 l, 1996). 

423. For example, it is estimated that more than 30,000 people from the United States and several thousand 

Canadians have retired to Costa Pica for the pleasant climate, tax advantages, and low cost of living; 

however, some of these retirees are preferential sex offenders attracted by the easy access to children. 

Child Prostitution and Sex Tourism: An ECPAT Research Project, ECPAT Newsletter (ECPAT International, 

Bangkok, Thailand), Aug. 1996, at 6, 7. See also Kenneth V. Lanning, Child Molesters: ,4 Behavioral 

Analysis for Law Enforcement Officers Investigating Cases of Child Sexual Exploitation (3d ed., 

National Center for Missing & Exploited Children 1992). 

424. Stephanie Farrior, The International Law on Traffic~qng in Women and Children for Prostitution." 

Making It Live Up to Its Potential, 10 HARV. HUM. RTS. J. 213, 215 (1997). 
425. The Paedo File, supra note 396, at 4-5. Thirty-three percent of these child-sex abusers were between 

the ages of 40-50, 24 percent between the ages of 50 and 60, 18 percent between the ages of 30 and 40, 15 

percent between the ages of 60 and 70, 7 percent between the ages of 20 and 30, and 3 percent were older 

than 70. Id. 

426. O'Connell Davidson, supra note 422. 

427. Martin Staebler, Tourism and Children in Prostitution, World Congress Against the Sexual Exploitation of Children at 6, Stockholm, Sweden (August 27-31, 1996). 

428. Draft Declaration, supra note 1, at 2. 

429. O'Connell Davidson, supra note 422. 

430. Id. 

431. Report of the Special Rapporteur, supra note 6, ¶ 101. 

432. Barry, supra note 50, at 145. 

433. Ariel Said, Argentina Fights Home-Grown Child Sex Problem, Reuters World Report (Buenos Aires), 

September 23, 1997 (comment ofAtilio Alvarez, head of National Child and Family Council). 

434. Muntarbhorn, supra note 375, at 14. 

435. See Farrior, supra note 424. 

436. Id. 

437. /d; at 243 (citing Prevention of Traffic in Persons and the Exploitation of the Prostitution of Others, 

Review of Developments in Other Fields of Contemporary Forms of Slavery, Information Submitted by 

Governments, United Nations Organs, Specialized Agencies and Intergovernmental Organizations, 

U.N. Doe. E/CN.4/Sub.2/AC.2/1991 / 5/Add. 1 (1991)). 

438. Id. 

439. Id. at 251 (citing Commission on Human Rights, Report on the Forty-Eighth Session (27 January-6 

March 1992), C.H.R. Res. 1992/74, U.N. ESCOR, 48th Sess., Annex, Supp. No. 2, at 174-85, U.N. Doc. E/CN.4/ 

1992/84); Margaret A. Healy, Note, Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, 

and the United States Safeguard the Rights of Children as Mandated by International Law?, 18 FORDHAM 

INT'L L.J. 1852, 1882 (1995) (citing Programme for A etion for the Prevention of the Sale of Children, Child 

Prostitution and Child Pornography: Report of the Working Group on Contemporary Forms of Slavery 

Pursuant to Paragraph 6 of Sub-Commission Resolution 1992/2, U.N. Commission on Human Rights, 45th 

Sess. Prov. Agenda Item 15, U.N. Doc E/CN.4/Sub.2/1993/31 (1993)); Hodgson, supra note 387, at 525. 

440. Muntarbhorn, supra note 375, at 16. 

441. Farrior, supra note 424, at 244 (citing Annotations to theProvisionalAgenda, U.N. ESCOR, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, 19th 

Sess., at 6, U.N. Doc. E/CN.4/Sub.2/AC.2/1994/1/Add. 1 (1994)). 

442. Muntarbhorn, supra note 375, at 14. 

443. Panudda Boonpala, The Role of the International Labor Organization, in FORCED LABOR: THE PROSTITUTION OF CHILDREN 53, 55 (Jaffee & Rosen, eds., US Department of Labor 1996). 

444./d. at 56. 

445. Farrior, supra note 424, at 225. 

446. /d. at 230 (citing Report of the Committee on the Elimination of Discrimination Against Women, U.N. 

GAOR, 38th Sess., Supp. No. 38, at 1,2, U.N. Doc. A/47/38 (1993)). 

447. /d. at 255. Women's advocates have also circulated a new proposed UN Convention Against Sexual 

Exploitation, developed to establish the minimum conditions for a new intemational law aimed at fighting 

the sexual exploitation of women. Barry, supra note 50, at 323. 

448. Convention on the Rights of the Child, Nov. 20, 1989. G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. 

No. 49, at 1, U.N. Doc. A/44/736 (1989), 28 I.L.M. 1448 (1989). 

449. Oneworld, The Rights of a Child (last modified Sept. 27, 1998) <http://www.oneworld.org/child_rights/ 

child rights.html>. 

450. Healy, supra note 439, at 1877. 

451. Eric T. Berkman, Note, Responses to the International ChildSex Tourism Trade, 19 B.C. INT'L & COMP. 

L. REV. 397,408 (1996). 

452. Healy, supra note 439, at 1879; Hodgson, supra note 387, at 526. 

453. Draft Optional Protocol to the United Nations Convention on the Rights of the Child Concerning the 

Elimination of Sexual Exploitation and Trafficking of Children, art. 2(a). 
454. Id. art. 2(c). 

455. Healy, supra note 439, at 1881. 

456. Draft Declaration, supra note 1, at 3. 

457. Report of the Special Rapporteur, supra note 6. 

458. Staebler, supra note 427, at 2. 

459. Id. at 9-13. 

460. Muntarbhorn, supra note 375, at 25. 

461. Staebler, supra note 427, at 7. 

462. Farrior, supra note 424, at 255. 

463. See Hodgson, supra note 387, at 527-29. 

464. An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation 

and Discrimination, Providing Penalties for its Violation, and for Other Purposes, Republic Act. No. 7610 

§ 31 (Phil.) (1992); Muntarbhorn, supra note 375, at 23. 

465. Hodgson, supra note 387, at 528. 

466. Id. at 528; Healy, supra note 439, at 1921. 

467. Levan, supra note 406, at 889 (citing The Prohibition of Prostitution Act of B.E. 2503 (1960)). 

468. Id. at 890. 

469. Report of the Special Rapporteur, supra note 6, ¶ 96 (criminal code section 216). 

470. Portugal Tightens Law Against Child Pornography, Reuters World Report (Lisbon), January 8, 1998. 

471. Strafgesetzbuch (Penal Code) § 5. The new section 176 reads 

(1) Whoever commits sex acts on a person [younger than 14] years of age (a child) or whoever 

permits a child to do the same to him, shall be punished by imprisonment from six to ten months 

or, in less serious cases, by up to five years imprisonment or fine. 

(2) Similar punishment shall be imposed on anyone who induces a child to commit sex acts on a 

third person, or to permit a third person to do the same to the child. 

(3) Imprisonment from one to ten years shall be deemed to exist if the offender 

1. Has sexual intercourse with the child or 

2. In committing the act grossly abuses the child. 

(4) If, in committing the act, the offender recklessly caused the death of the child, not less than five 

years' imprisonment shall be imposed. 

(5) Up to three years' imprisonment or fine shall be imposed on anyone who 

1. Commits sex acts in front of a child 

2. Induces a child to commit sex acts in front of him or a third person or 

3. Exerts influence on a child, by showing him pornographic illustrations or representation, 

by playing recordings or pornographic content, or by suggestive speech of the same 

nature in order to thereby sexually arouse himself, the child or a third person. 

Strafgesetzbuch (Penal Code) § 176 (Germ.). 

472. Li, supra note 395, at 520. 

473. Penal Code oh. 2, § 2 (Swed.). 

474. "A person who has committed a crime outside the Realm shall be tried according to Swedish law and in 

a Swedish court.., if the mildest penalty prescribed for the offense in Swedish law is imprisonment for four 

years or more." Penal Code oh. 2, § 3 (Swed.). 

475. Penal Code ch. 6, § 1 (Swed.). 

476. Healy, supra note 439, at 1915. 

477. Li, supra note 395, at 520 (citing Swedish Penal Code). 

478. Crimes (Child-Sex Tourism) Amendment Act 1994 § 50BA (Austl.) (amending Crimes Act 1914 (Austl.)). 

See Healy, supra note 439, and Hodgson, supra note 387, for a detailed examination of Australia's statute. 

479. Crimes Amendment Act §§ 50DA, 50DB. 

480. 18 U.S.C. § 2423(b), as amendedby Protection of Children from Sexual Predators Act, Pub. L. No. 

105-314, § 103, 112 Stat. 2974 (1998). See United States v. Thomas, 893 F. 2d 1066 (9th Cir.) (upholding 

extraterritorial jurisdiction based on nationality). 

481. Frenchman Jailed in First Sex Tourism Conviction, Reuters World Report (Draguignan, France), October 

29, 1997. 
0£ 

482. Ireland Introduces Tough Laws on Child Abuse, Reuters Ltd. (Dublin), December 18, 1997. 

483. Japan: Draft Bill Seeks Crackdown on Sexual Acts with Children, Asia Intelligence Wire, The Yomiuri 

Shimbun/DailyYomiuri (Yomiuri Shimbun), March 19, 1998. 

484. Child Sex Tourism." The Need for an Urgent UK Response, Report of the Conference hosted by the 

Michael SieffFoundation, at 13 (Feb. 1996). 

485. Id. at 14. 

486. Home Office: Sex Tourists to be Sent Packing, COMTEX Newswire (M2 Communications), November 

17, 1997. 

487. Rights of the Child, Sale of Children, Child Prostitution and Child Pornography, Report Submitted 

by Mr. Vitit Muntarbhorn, Special Rapporteur, In Accordance with Commission Resolution 1990/68, U.N. 

ESCOR, Commission on Human Rights, 48th Sess., at 28, U.N. Doe. E/CN.4/1992/55 (1992) [hereinafter Rights 

of the Child]. 

488. Crimes Amendment Act § 50FA. 

489. Draft Optional Protocol to the United Nations Conventional on the Rights of the Child Concerning the 

Elimination of Sexual Exploitation and Trafficking of Children, art. 2(c). 

490. Id. at art. 2(c). 

491. See Healy, supra note 439, at 1898. 

492. Crimes Amendment Act §§ 50DA, 50DB. 

493. Draft Declaration, supra note 1. 

494. Crimes Amendment Act § 50EC. Section 50EC sets forth the technical requirements for the video link. 

A witness can give evidence by video if both the Australian point and overseas point are equipped with the 

video facilities that allow appropriate persons at both points (including the witness) to see and hear each 

other. 

495. See Proceeds of Crime Act 1987 § 14 (Austl.). 

496. See Schulz, Report to the European Union Parliament, Committee on Civil Liberties, adopted 8 October 

1997. 

497. Charles Miller, British-Thai Police Join in Child Sex Crackdown, PA News, September 10, 1997. 

498. Top British Policeman Confident Over Child Sex Law, Reuters World Report (Manila), October 3, 1997. 

499. Mitchell, 1800 Names on Secret Paedophile Database, John Fairfax Holdings Limited, Age (Melbourne), 

March 4, 1998, p. 6. 

500. Report of the Special Rapporteur, supra note 6, ¶ 64. 

501. White House Memorandum, Steps to Combat Violence Against Women and Trafficking in Women and 

Girls (March 11, 1998). 

502. White House Fact Sheet on US-Italy Initiative to Combat Trafficking in Women and Children (May 6, 

1998). 

503. FORCED LABOR: THE PROSTmmON OF CHILDREN, Appendix A: The International Law Enforcement 

Response Against Child Sexual Exploitation at 87 (Jaffee & Rosen, eds., US Department of Labor 1996). 

504. Id. at 89. 

505. Rights of the Child, supra note 487, at ¶ 141. 

506. Muntarbhom, supra note 375, at 29. Low pay and insufficient training can result in weak enforcement 

or corruption. Id. 

507. Draft Declaration, supra note 1, at 3. 

508. Muntarbhorn, supra note 375, at 29. 

509. Draft Declaration, supra note 1, at 6-7. 

510. ld. See also Gilberto Dimenstein, The Role of the Media, in FORCEO LABOR: THE PROSTITUTION OF 

CHILt~N 72 (Jaffe & Rosen, eds., US Department of Labor 1996). 

511. Draft Declaration, supra note 1, at 6; Hodgson, supra note 387, at 537. 

512. Draft Declaration, supra note 1, at 6. See also NGO Group on the Convention of the Rights of the 

Child, Prevention and Psycho-social Rehabilitation of Child Victims of Commercial Sexual Exploitation, 

World Congress Against Commercial Sexual Exploitation of Children, Stockholm, Sweden (August 27-31, 

1996); Jane Warburton & Maria Teresa Camacho de la Cruz, on behalfofNGO Group on the Convention 

of the Rights of the Child, World Congress Against Commercial Sexual Exploitation of Children, Stockholm, 

Sweden (August 27-31, 1996). 

513. Muntarbhom, supra note 375, at 31. 
10" 

514. Draft Declaration, supra note 1. 

515. Report of the Special Rapporteur, supra note 6, ¶ 140. 

516. Beyer, supra note 382, at 40. 

517. Report of the Special Rapporteur, supra note 6, ¶ 136. 

518. Id. ¶ 141. 

519. Boonpala, supra note 443, at 59. 

520. Saikaew, supra note 410, at 63. 

References 

Able-Peterson, CHILDREN OF THE EVENING (New York: G.P. Putnam's Sons 1981). 

Baldwin, Pornography and the Traffic in Women." Brief on Behalf of Trudee Able-Peterson, 

et al. Amici Curiae in Support of Defendant and Intervenor-Defendants, Village Books v. 

City ofBellingham, 1 YALE J.L. & FEMINISM 111 (1989). 

Barker & Musick, Rebuilding Nests of Survival: A Comparative Analysis of the Needs of Atrisk Adolescent Women and Adolescent Mothers in the US, Latin America, Asia and Africa, 

2 CHILDHOOD 152 (1994). 

Barry, THE PROSTITUTION OF SEXUALITY (New York: New York University Press 1995). 

Berkman, Note, Responses to the International Child Sex Tourism Trade, 19 B.C. INT'L & 

COMP. L. REV. 397 (1996). 

Beyer, Child Prostitution in Latin America, in FORCED LABOR: THE PROSTITUTION OF CHILDREN 32 

(Jaffee & Rosen, eds., US Department of Labor 1996). 

Boonpala, The Role of the International Labor Organization, in FORCED LABOR: THE PROSTITUTION OF CHILDREN 53 (Jaffee & Rosen, eds., US Department of Labor 1996). 

Brannigan & Gibbs van Brunschott, Youthful Prostitution and Child Sexual Trauma, 20 INT'L J 

LAW & PSYCHIATRY 337 (1997). 

Burgess & Clark (eds.), CHILD PORNO6~PHY AND SEX RINcs (Lexington, MA: D.C. Heath and 

Company 1984). 

Cassidy, The Unseen Menace, 92 NURSING TIMES 50 (1996). 

Cates, Adolescent Male Prostitution by Choice, 6 CHILD & ADOLESCENT SOCIAL WORK 151 

(1989). 

Council on Scientific Affairs, American Medical Association, Health Care Needs of Homeless 

and Runaway Youths, 262 J.A.M.A. 1358 (1989). 

Crime and Servitude: An Expos~ of the Traffic in Women for Prostitution from the Newly 

Independent States (Global Survival Network & International League for Human Rights 1997). 

Deisher, Robinson & Buyer, The Adolescent Female and Male Prostitute, l I PEDIATRIC ANN. 812 

(1982). 

Edwards, The Legal Regulation of Prostitution. A Human Rights Issue, in RETHINKING PROSTITUTION: PURCHASING SEX IN THE 1990S (Scambler & Scambler eds., London: Routledge 1997). 
0: 

Ennew et al., Children and Prostitution: How Can We Measure and Monitor the Commercial 

Sexual Exploitation of Children? Literature Review and Annotated Bibliography (Centre for 

Family Research & Childwatch International 1996). 

Farrior, The International Law on Trafficking in Women and Children for Prostitution: 

Making It Live up to Its Potential, 10 I-L~v. HUM. RTS. J. 213 (1997). 

Fassett & Walsh, Juvenile Prostitution." An Overlooked Form of Child Sexual Abuse, 7(1) 

THE APSAC ADVISOR 9 (American Professional Society on the Abuse of Children 1994). 

Faugier & Sargeant, Boyfriends, "Pimps" and Clients, in R~THr~W,~6 PROSTITUanON: PURCHASING 

SEX IN THE 1990S (Scambler & Scambler eds., London: Routledge 1997). 

Fechner, Three Stories of Prostitution in the West: Prostitutes' Groups, Law and Feminist 

"Truth ", 4 COLUM. J. GENDER & L. 26 (1994). 

Giobbe, An Analysis of Individual, Institutional and Cultural Pimping, I MICH. J. GENDER & L. 

33 (1993). 

Giobbe, Juvenile Prostitution: Profile of Recruitment, in CHILD TRAUMA I: ISSUES AND RESEARCH 

(Ann Wolbert Burgess ed., New York: Garland Publishing Inc. 1992). 

Healy, Note, Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, and the 

United States Safeguard the Rights of Children as Mandated by International Law?, 18 

FOROHAM INT'L L.J. 1852 (1995). 

Hermann, Center Provides Approach to Major Social HI: Homeless Urban Runaways, 

"'Throwaways ", 260(3) J.A.M.A. 311 (1988). 

Hodgson, Sex Tourism and Child Prostitution in Asia: Legal Responses and Strategies, 19 

MELB. U. L. R~v. 512 (1994). 

Inciardi, Kingrats, Chicken Heads, Slow Necks, Freaks and Blood Suckers: A Glimpse at the 

Miami Sex-for-Crack Market, in CRACK PIPE AS PIMP: AN ETHNOGRAPHIC INVESTIGATION OF SEXFOR-CRACK EXCHANGES (Mitchell S. Ratner ed., 1993). 

James & Meyerling, Early Sexual Experience and Prostitution, 134 AM. J. PSYCHIATRY 1381 

(1977). 

Johnson, Aschkenasy, Herbers & Gillenwater, Self-Reported Risk Factors for AIDS Among 

Homeless Youth, 8 AIDS EDUC. & PREY. 308 (1996). 

Kandel, Whores in Court: Judicial Processing of Prostitutes in the Boston Municipal Court 

in 1990, 4 YALE J.L. & FEMINISM 329 (1992). 

Kane, SOLD FOR SEX (Abingdon, England: Gower Publishing 1998). 

Karl6n & Hagner, Commercial Sexual Exploitation of Children in Some Eastern European 

Countries (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual 

Purposes 1996). 

Katyal, Note, Men Who Own Women: A Thirteenth Amendment Critique of Forced Prostitution, 103 YALE L.J. 791 (1993). 

Kral, Molnar, Booth & Watters, Prevalence of Sexual Risk Behavior and Substance Use 

Among Runaway and Homeless Adolescents in San Francisco, Denver and New York 

City, 8 INT'L J. STD & AIDS 109 (1997). 
Kufeldt & NimroD, Youth on the Street: Abuse and Neglect in the Eighties, 11 CHILD ABUSE t~; 

NEGLECT 531 (1987). 

Lanning, CHILD MOLESTERS" A BEHAVIORAL ANALYSIS (Arlington, VA: National Center for Missing & 

Exploited Children 1992). 

Lanning, CHILD SEX RINGS: A BEHAVIORAL ANALYSIS (Arlington, VA: National Center for Missing & 

Exploited Children 1992). 

Leidholdt, Prostitution." A Violation of Women's Human Rights, 1 CARDOZO WOMEN'S L.J. 136 

(1991). 

Levan, Note, Curtailing Thailand's Child Prostitution Through an International Conscience, 

9 AM. U. J. INT'L L. & POL'Y 869 (1994). 

Li, Comment, Child Sex Tourism to Thailand. The Role of the United States as a Consumer 

Country, 4 PAC. RIM L. & POL'Y J. 505 (1995). 

Loken, Child Prostitution, in CHILD PORNOGRAPHY AND PROSTITUTION: BACKGROUND AND LEGAL 

ANALYSIS (National Center for Missing & Exploited Children 1987). 

MacKinnon, Prostitution and Civil Rights, 1 MICH. J. GENDER & L. 13 (1993). 

McCormack, Janus & Burgess, Runaway Youths and Sexual Victimization: Gender Differences in an Adolescent Runaway Population, 10 CHILD ABUSE & NEGLECT 387 (1986). 

Molnar, Shade, Kral, Booth & Watters, Suicidal Behavior and Sexual~Physical Abuse Among 

Street Youth, 22 CHILD ABUSE & NEGLECT 213 (1998). 

Morey & Friedman, Health Care Needs of Homeless Adolescents, 5 CURRENT OPINION IN 

PEDIATRICS 395 (1993). 

Muntarbhorn, International Perspectives and Child Prostitution in Asia, in FORCED LABOR: THE 

PROSTITUTION OF CHILDREN 9 (Jaffee & Rosen, eds., US Department of Labor 1996). 

National Center for Prosecution of Child Abuse, INVESTIGATION AND PROSECUTION OF CHILD ABUSE 

(S. Marx & P. Toth, eds., 2d ed., American Prosecutors Research Institute 1993). 

O'Connell Davidson, The Sex Exploiter, World Congress Against the Sexual Exploitation of 

Children at 6, Stockholm, Sweden (August 27-3 I, 1996). 

O'Neill, Prostitute Women Now, in RETHINKING PROSTITUTION: PURCHASING SEX IN THE 1990S 

(Scambler & Scambler eds., London: Routledge 1997). 

Paradise & Horowitz, Runaway and Homeless Youth: A Survey of State Law (American Bar 

Association Center on Children and the Law 1994). 

Pyett & Wart, Vulnerability on the Streets." Female Sex Workers and HIV Risk, 9 AIDS CARE 

539 (1997). 

Rickel & Hendren, Aberrant Sexual Experiences, in ADOLESCENT SEXUALITY (Gullotta, Adams & 

Montemayor eds., Newbury Park, CA: Sage Publications 1993). 

Rotheram-Borus, Koopman & Ehrhardt, Homeless Youth and HIV Infection, 46 AM. PSYCHOLOGIST 1188 (1991). 

Rotheram-Borus, Mahler, Koopman & Langabeer, Sexual History and Associated Multiple 

Risk Behavior in Adolescent Runaways, 66 AM. J. ORTHOPSYCH 390 (1996). 

Saikaew, A Non-Governmental Organization Perspective, in FORCED LABOR: THE PROSTITUTION 

OF CHILDREN at 68 (Jaffee & Rosen, eds., US Department of Labor 1996). 
Scambler, Conspicuous and Inconspicuous Sex Work: The Neglect of the Ordinary and 

Mundane, in RETHINKING PROSTITUTION: PURCHASING SEX IN THE 1990S (Scambler & Scambler 

eds., London: Routledge 1997). 

Seng, Child Sexual Abuse and Adolescent Prostitution: A Comparative Analysis, 24 

ADOLESCENCE 665 (1989). 

Sereny, THE INVISIBLE CHILDREN: CHILD PROSTITUTION IN AMERICA, WEST GERMANY AND GREAT 

BRITAIN (New York: Alfred A. Knopf 1985). 

Sherman, The Neglected Health Care Needs of Street Youth, 107 PUBL. HEALTH REPORTS 433 

(1992). 

Silbert & Pines, Entrance into Prostitution, 13 YOUTH & SOCIETY 471 (1982). 

Silbert & Pines, Occupational Hazards of Street Prostitutes, 8 CRIM. JUST. & BEHAV. 397 (1981). 

Silverman, Reinherz & Giaconia, The Long-term Sequelae of Child and Adolescent Abuse: A 

Longitudinal Community Study, 20 CHILD ABUSE & NEGLECT 709 (1996). 

Simons & Whitbeck, Sexual Abuse as a Precursor to Prostitution and Victimization Among 

Adolescent andAdult Homeless Women, 12 J. FAMILY ISSUES 361 (1991). 

Sullivan, The Challenge of HIV Prevention Among High-Risk Adolescents, 21 HEALTH 

SOCIAL WORK 58 (1996). 

Weisberg, CHILDREN OF THE NIGHT: A STUDY OF ADOLESCENT PROSTITUTION (Lexington, MA: 

Lexington Books 1985). 

Whitbeck & Simons, Life on the Streets: The Victimization of Runaway and Homeless 

Adolescents, 22 YOUTH & SOCIETY 108 (1990). 

Whitcomb, De Vos & Smith, Program to Increase Understanding of Child Sexual 

Exploitation, Final Report (Education Development Center, Inc., & ABA Center on 

Children and the Law 1998). 

Whitcomb & Eastin, Joining Forces Against Child Sexual Exploitation: Models for a 

Multijurisdictional Team Approach (Office of Juvenile Justice and Delinquency Prevention 

1998). 

Widom & Ames, Criminal Consequences of Childhood Sexual Victimization, 18 CHILD ABUSE 

& NEGLECT 303 (1994). 

Widom & Kuhns, Childhood Victimization and Subsequent Risk for Promiscuity, Prostitution 

and Teenage Pregnancy: A Prospective Study, 86 AM J. PUBLIC HEALTH 1607 (1996). 

World Health Organization, Commercial Sexual Exploitation of Children: The Health and 

Psychosocial Dimensions, World Congress Against Commercial Sexual Exploitation of 

Children, Stockholm, Sweden (August 27-31, 1996). 

Wurzbacher, Evans & Moore, Effects of Alternative Street School on Youth Involved in 

Prostitution, 12 J. ADOLESCENT HEALTH 549 (1991). 

Yates, MacKenzie, Pennbridge & Swofford, A Risk Profile Comparison of Homeless Youth 

Involved in Prostitution and Homeless Youth Not Involved, 12 ADOLESCENT HEALTH 545 

(1991). 

Yates, MacKenzie, Pennbridge & Cohen, A Risk Profile Comparison of Runaway and NonRunaway Youth, 78 AM. J. PUBLIC HEALTH 820 (1988). 
I North America 1 

Alliance for Speaking Truths on Prostitution 

(ASTOP) 

1901 Portland Avenue South 

Minneapolis, MN 55404 

612-872-0684 

Breaking Free 

1821 University Avenue West, Suite 2165 

Saint Paul, MN 55104 

612-645-6557 

Children of the Night 

14530 Sylvan Street 

Van Nuys, CA 91411 

818-908-4474 or 1-800-551-1300 

http://www.childrenoflhenight.org 

Coalition Against Trafficking of Women 

PO Box 9338 

North Amherst, MA 01059 

www.uri.edu/artsci/wms/hughes/catw 

Covenant House 

346 West 17th Street 

New York, NY 10011-5002 

212-727-4000 

End Child Prostitution, Child Pornography and 

Trafficking of Children for Sexual Purposes 

ECPAT-USA 

475 Riverside Drive 

New York, NY 10115 

212-870-2427 

Federal Bureau of Investigation 

Office of Crimes Against Children 

FB1 Headquarters 

935 Pennsylvania Avenue, NW 

Washington, DC 20535 

202-324-2726 

Federal Child Exploitation Strike Force, Chicago 

Postal Inspector 

433 West Harrison Street, 5th Floor 

Chicago, IL 60669-2231 

312-983-6225 

Global Survival Network 

PO Box 73214 

Washington, DC 20009 

202-387-0028 

INGSN@igc.apc.org 

http://www.globalsurvival.net 

Helping Individual Prostitutes Survive (HIPS) 

Zelma Joseph, Executive Director 

651 Pennsylvania Avenue, SE 

Washington, DC 20003 

202-543-5262 

Law Enforcement Effort Against Child Harm 

(LEACH) Task Force, South Florida 

Broward County Sheriff's Department 

200 NW 27th Avenue 

Fort Lauderdale, FL 33312 

954-321-4114 or 

Florida Department of Law Enforcement 

Broward Field Office 

1475 NW 62nd Street, Suite 203 

Fort Lauderdale, FL 33309 

954-958-5417 or 1-800-226-3024 

Letot Center 

10505 Denton Drive 

Dallas, TX 75220 

214-357-0391 
Massachusetts Child Exploitation Network 

United States Attorney's Office 

1550 Main Street, Room 310 

Springfield, MA 01103 

413-785-0235 or 

Massachusetts State Police 

19 Mid-State Drive 

Aubum, MA 01501 

508-832-9124 

The Missing and Exploited Children Task Force 

(MECTF) 

FBI Academy 

Quantico, VA 22135 

540-720-4700 

National Center for Missing & Exploited Children 

1-800-THE-LO ST (1-800-843-5678) 

703-235-3900 

703-235-4067 Fax 

http://www.missingkids.com 

National Center for Prosecution of Child Abuse 

99 Canal Center Plaza, Suite 510 

Alexandria, VA 22314 

703-739-0321 

National Clearinghouse on Child Abuse and 

Neglect Information 

330 C Street, SW 

Washington, DC 20447 

1-800-FYI-3366 

National Clearinghouse on Families and Youth 

PO Box 13505 

Silver Spring, MD 20911-3505 

301-608-8098 

National Law Center on Homelessness and Poverty 

918 F Street, NW, Room 412 

Washington, DC 20004 

202-638-2535 

National Resource Center for Youth Services 

202 West 8th Street 

Tulsa, OK 74119-1419 

918-585-2986 

National Children's Advocacy Center 

200 Westside Square, Suite 700 

Huntsville, AL 35801 

205-534-6868 

National Runaway Switchboard 

3080 North Lincoln Avenue 

Chicago, IL 60657 

773-880-9860 

Paul and Lisa Program, Inc. 

258 Essex Plaza 

Essex, CT 06498 

860-767-7660 

PRIDE 

(from Prostitution to Independence and Equality) 

3125 East Lake Street 

Minneapolis, MN 55406 

612-728-2062 

PROMISE for Women Escaping Prostitution 

1095 Market Street, Suite 417 

San Francisco, CA 94103 

415-522-6659 

http://www.sirius.com/'-'promise 

Provincial Prostitution Unit 

Vancouver, British Columbia 

Community Coordinator 

815 Hornby Street, Room 207 

Vancouver, BC V6Z 2E6 

604-775-2673 

Sexual Assault and Exploitation Felony 

Enforcement (SAFE) Team 

Central District of California 

Federal Bureau of Investigation 

11000 Wilshire Boulevard, 9th Floor 

Los Angeles, CA 90024 

310-966-4027 or 966-3305 

Sexuality Information and Education Council 

of the United States 

130 West 42nd Street 

New York, NY 10036 

212-819-9770 
7 

Sisters Offering Support (SOS) 

PO Box 75642 

Honolulu, HI 96836 

808-941-5554 

1-808-220-1501 Crisis Line 

Standing Against Global Exploitation (SAGE) 

965 Mission Street, Suite 409 

San Francisco, CA 94103 

415-905-5050 

Streetkid-L Resource Page 

"Street Children" Online Information and 

Organizational Links 

http://www.jbu.edu/business/sk.html 

Street Teams Society 

PO Box 187, Station J 

Calgary, Alberta T2A 4X5 

Canada 

403-228-3390 

UNICEF, Children in Especially Difficult 

Circumstances Section 

633 Third Avenue, T26A 

New York, NY 10017 

212-824-6633 

United States Delegation to the 

World Congress Against the Commercial 

Sexual Exploitation of Children 

Laurie O. Robinson, Assistant Attorney General 

Office of Justice Programs 

United States Department of Justice 

810 - 7th Street, NW 

Washington, DC 20001 

United States Department of Justice 

Child Exploitation and Obscenity Section 

1331 F Street, NW, 6th Floor 

Washington, DC 20530-0001 

202-514-5780 

United States Department of Justice 

Office of Victims of Crime 

810 - 7th Street, NW 

Washington, DC 20531 

202-307-5983 

United States National Central Bureau 

(INTERPOL) 

Bicentennial Building, Room 600 

600 E Street, NW 

Washington, DC 20530 

202-616-9000 

US Committee for UNICEF 

333 East 38th Street 

New York, NY 10016 

1-800-FOR-KIDS 

Youth Advocate Program International 

4545 - 42nd Street, NW, Suite 209 

Washington, DC 20016 

202-244-1986 

yapi@igc.org 

http://www.yapi.org 

I International I 

Casa Alianza/Covenant House Latin America 

SJO 1039 

PO Box 025216 

Miami, FL 33102-5216 

506-253-5439 (Costa Rica) 

506-224-5689 (Costa Rica) Fax 

info@casa-alianza.org 

http://www.casa-alianza.org 

ChildHope 

c/o US Committee for UNICEF 

333 East 38th Street, 6th Floor 

New York, NY 10016 

212-983-1422 

Dr. Saisuree Chutikul 

Advisor on Children, Youth, Women Education 

and Social Development 

Office of the Permanent Secretary 

Prime Minister's Office 

Government House 

Nalcorn Pothom Road 

Bangkok 10200 

Thailand 

(66-2) 282-3608 
Daughters Education Program 

PO Box 10 

Mae Sai 

Chiang Rai 57130 

Thailand 

(053) 733186 

(053) 642415 Fax 

depdc@cm.ksc.co.th 

Defense for Children International 

42, Aza Street 

PO Box 8028 

Jerusalem 92384 

Israel 

972-2-5633003 

972-2-5631241 Fax 

dci_il@alternat.com 

http://www.alternat.com/dci il 

ECPAT International 

(End Child Prostitution, Child Pornography and 

Trafficking of Children for Sexual Purposes) 

328, Phyathai Road 

Bangkok 10400 

Thailand 

(662) 215-3388/(662) 611-0972 

(662) 215-8272 Fax 

ecpatbkk@ksc 15.th. com 

http ://www.ecpat.net 

International Save the Children Alliance 

275-281 King Street 

London W6 9LZ 

United Kingdom 

+44 181 748 2554 

+44 181 237 8000 Fax 

info@save-children-alliance.org 

Krousar Thmey 

4, rue 257 

Kampuchea Krom Avenue 

Phnom Penh 

Cambodia 

(885-23) 366-184 

(885-23) 428-946 Fax 

krousar_thmey@bigpond.com.kh 

http://www.krousar-thmey.org 

Let the Children Live! 

PO Box 11 

Walsingham, Norfolk 

NR22 6EH 

England 

+44 01328 823456 Telephone/Fax 

funvini@epm.net.co 

New Life Center 

Reverend Lauran Bethell, Director 

PO Box 29 

Chiang Mai 50000 

Thailand 

66-53-244-569 Telephone/Fax 

hptpnic@loxinfo.eo.th or 

lauran@pobox.com 

PREDA Foundation Inc. 

Upper Kalaklan 

Olongapo City 2200 

Philippines 

63-47-222-4994 

63-47-223-9628 Fax 

preda@subictel.com or 

predair@subictel.com or 

predalex@subictel.com 

http://www.subinet.com/preda or 

http://www.subinet.com/predafairtrading 

PROPERTY OF 

National @iminat Justice R~fe~enc~. Sewice {NOJRS} 

Box 8000 

Rockville, MD 208@-8000 
IO! 

National Center for Missing & Exploited Children 

The National Center for Missing & Exploited Children (NCMEC), established in 1984 as a 

private, nonprofit organization, serves as a clearinghouse of information on missing and exploited 

children; provides technical assistance to citizens and law enforcement agencies; offers training 

programs to law enforcement and social service professionals; distributes photographs and 

descriptions of missing children nationwide; coordinates child protection efforts with the private 

sector; networks with nonprofit service providers and state clearinghouses on missing person 

cases; and provides information on effective state legislation to ensure the protection of children 

per 42 USC §§ 5771 and 5780. NCMEC, in conjunction with the US Postal Inspection 

Service, US Customs Service, and US Department of Justice, serves as the National Child 

Pornography Tipline (1-800-843-5678). 

A 24-hour, toll-free telephone line is open for those who have information on missing and 

exploited children 

1-800-THE-LOST/I-800-843-5678 

This toll-free number is available throughout the United States and Canada. The toll-free 

number when dialing from Mexico is 001-800-843-5678, and the "phone free" number when 

dialing from Europe is 00-800-0843-5678. The CyberTipline is available for online reporting 

of these crimes at www.cybertipline.com.The TDD line is 1-800-826-7653. The NCMEC 

business number is 703-235-3900. The NCMEC facsimile number is 703-235-4067. 

For information on the services offered by our NCMEC branches, please call them in California 

at 714-508-0150, Florida at 561-848-1900, Kansas City at 816-361-4554, New York at 

716-242-0900, and South Carolina at 803-254-2326. 

A number of publications addressing various aspects of the missing and exploited child issue 

are available free-of-charge in single copies by contacting 

Publications Department 

National Center for Missing & Exploited Children 

Charles B. Wang International Children's Building 

699 Prince Street 

Alexandria, Virginia 22314 

ORI VA007019W 

NATIONAL 

CENTER FOR 

MISSING & 

EXPLOITED 

CHILDREN ® 


1-99-019 

Prostitution of Children in the United States 

Child-Sex Tourism ..... ~; 

Conclusion 

Criminal Statutes Within the United States Addressing the Prostitution of Children 

International Treaties Addressing Prostitution and Trafficking 

of Women and Children 

Endnotes 

References 

Resource Organizations That Address the Issue of Child Prostitution