Child pornography distribution as a motive for child pornography production

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Child pornography distribution as a motive for child pornography production is one of the main justifications used for banning possession and distribution of child pornography. In New York v. Ferber, the U.S. Supreme Court ruled:[1]

[T]he distribution network for child pornography must be closed if the production of material which requires the sexual exploitation of children is to be effectively controlled. Indeed, there is no serious contention that the legislature was unjustified in believing that it is difficult, if not impossible, to halt the exploitation of children by pursuing only those who produce the photographs and movies. While the production of pornographic materials is a low-profile, clandestine industry, the need to market the resulting products requires a visible apparatus of distribution. The most expeditious if not the only practical method of law enforcement may be to dry up the market for this material by imposing severe criminal penalties on persons selling, advertising, or otherwise promoting the product. Thirty-five States and Congress have concluded that restraints on the distribution of pornographic materials are required in order to effectively combat the problem, and there is a body of literature and testimony to support these legislative conclusions.

The overwhelming majority of child pornography seized in the United States has not been produced or distributed for profit; rather, it is produced or distributed free of charge.[2]

References