(Varied) SPECIAL CASES
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personal, nonprofit, governmental, or educational use, if the copy displays
this permission statement with the copyright: © Pinion Feather Press, LLC, 2020,
2023.
The
following items are expanded from a posting by the U.S. Department of Justice,
Child Exploitation and Obscenity Section.
[https://www.justice.gov/criminal-ceos/report-violations]
Child Custody and Visitation
Not covered elsewhere in
this Digest.
· In some cases, this might concern kidnapping within
the country by a parent. For help, contact local or state law enforcement. (See
directory at usacops.com).
· Also, a missing child may also be reported (in
parallel) to the National Center for Missing and Exploited Children (NCMEC) at
1-800-The-Lost (1-800-843-5678).
· See “International Kidnapping by a Parent” below if
that is relevant.
Child Pornography See
the FTC note below and this Digest’s relevant section: Internet; and other
federal, state, and territory sections.
Child
Sexual Abuse See applicable jurisdiction section (native,
military, sports, other U.S. lands, air / sea / foreign, Internet if apt, or states
and territories)
Child Support Enforcement Not covered elsewhere in
this Digest.
· In some cases, this might concern neglect or abandonment
by a parent.
· For help, contact local or state law enforcement.
(directory at usacops.com).
· This is federally investigated only by referral from
local or state agencies. See the U.S. Department of Health and Human Service’s
(HHS) Office of Inspector General (HHS/OIG) website at
https://oig.hhs.gov/fraud/child-support-enforcement/
· By law the federal HHS Office of Child Support
Enforcement provides enforcement services upon request, through local “Title
IV-D” agencies. For background, see Child Support Resource Guide for State IV-D
Directors 2nd edition, July 2021,
Extraterritorial
(out-of-country) Sexual Exploitation of Children
Not
covered elsewhere in this Digest.
· This concerns any forced activity that someone cannot
leave – commercial sex, housework, farm work, etc. If you suspect a trafficking
situation, contact the National Human Trafficking Resource Center (NHTRC). Use
the call, text, or chat options if it was in the last 24 hours or is urgent.
Accessible in 170 languages; anonymous; confidential.
o
HOTLINE 24/7
(Toll-free phone): 1-888-373-7888
o
TTY (for
hearing/speech disabilities): 711
o
HOTLINE TEXT
(Message rates may apply): 233733 (text
“BEFREE” or “HELP”)
o
HOTLINE CHAT: www.humantraffickinghotline.org/chat
o
ONLINE TIP / REPORT:
https://humantraffickinghotline.org/report-trafficking
o
This uses a form sent
to law enforcement for investigation and action.
o
EMAIL: help@humantraffickinghotline.org (the response may not be immediate)
o
NHTRC are mandated
reporters who may need to break confidentiality if (1) a minor is trafficked or
otherwise abused, harmed, or neglected, or (2) anyone who is reported has a
specific intent to take lethal action against themselves or others.
o
NHTRC is
non-profit, nongovernmental, and works with law enforcement agencies. It can
provide help, referral to services, training, and information.
o
REPORT DETAILS:
(a) trafficking type (sex and/or labor); (b) description of situation; (c)
date/time of observing situation, and is it ongoing; (d) city & state if
known and any other details (for online exploitation, see the Digest’s Internet
section instead); (e) the number of potential victims; (f) the estimated age
range (<14; 15-17; 18-21; >22; unknown); (g) potential
victim(s)/survivor(s) info and anything known of name, birth date, gender,
phone #, residential address, email address, citizenship / legal permanent
residence / foreign national / green card; (h) immediate safety concerns and
threats to victim; (i) [required] did the person ask for help [yes / no / prefer
not to say]; (j) [required] has this been reported to another law enforcement
agency, and if so, which (with report numbers, contacts, action take, and date
of report); (k) does the potential victim want police involved [yes / no / prefer
not to say]; (l) can the reporter share the hotline phone and text numbers with
them [yes / no / prefer not to say]; (m) any info about traffickers (full name,
age / birth date, phone no., residential address, email address, etc.); (n) other
comments; (o) [optional] reporter information including first and last name,
email address, phone number, whether a message may be left [yes / no], consent
to sharing reporter’s contact info with outside law enforcement so they can
follow up [yes / no], city, state, gender, affiliation if any, how reporter
found the hotline, and search terms used to find it on Internet, if any.
· Incidents and suspicious situations in out-of-country
sexual exploitation of children may also be reported to Immigration and Customs
Enforcement / Homeland Security Investigations (ICE) by calling the ICE hotline
at 1-866-347-2423 (1-866-DHS-2-ICE, toll-free only from U.S. and Canada)
(TTY 1-802-872-6196) (outside the U.S., call the tip line at 1-802-872-6199.
You can also email ICE at predator@DHS.gov.
FTC Violations Not covered elsewhere in
this Digest.
To report (1) individuals
engaged in (2) fraudulent or unfair trade practices involving any of (3) unsolicited
emails, porn-spam, media violence (in child or
youth entertainment), or identity theft, file a consumer
complaint online with the Federal Trade Commission (FTC) using a form
at https://www.ftccomplaintassistant.gov/
·
This may be in
addition to or instead of the report options shown above for pornography and
other child sex-related, Internet-based violations.
International Kidnapping by
a Parent Not covered elsewhere in this Digest.
·
Contact the U.S. Department of State, Office of Children's Issues, at (202)
312-9700, or visit https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction.html
o
If you believe
your child is in the process of being abducted by a parent, legal guardian, or
someone doing it for them, call: 1-888-407-4747 or 202-501-4444. [https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction.html]
·
A missing child report may also be filed with the National Center for
Missing & Exploited Children (NCMEC) by calling 1-800-The-Lost (1-800-843-5678).
·
A report may also be filed with federal, state, or
local law enforcement personnel (see a state and local directory at
https://www.usacops.com/)
Obscenity
·
For ONLINE
violations (obscene material sent to a child; misleading domain name; or
misleading words or images on the Internet), see this Digest’s section for the
Internet.
·
For BROADCAST
violations (obscene or indecent radio or TV), complain to the Federal
Communications Commission (FCC) by any of: (1) calling 1-888-CALL-FCC (1-888-225-5322);
(2) fax 1-866-418-0232; (3) filing at
https://consumercomplaints.fcc.gov/hc/en-us ; or (4) writing to the FCC at Consumer
& Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445
12th St., SW, Washington, DC 20554.
·
For MAILED
violations (obscene material sent by U.S. Mail) prevent or stop receipt by (1) filling
out U.S. Postal Service Form 1500 (https://about.usps.com/forms/ps1500.pdf);
and (2) contacting your local post office (see directory at
https://tools.usps.com/find-location.htm). There are two options (either/or);
the same USPS form is used for both. [https://faq.usps.com/s/article/What-Options-Do-I-Have-Regarding-Unwanted-Unsolicited-Mail]
o
Application for Prohibitory Order: [39
U.S.C. § 3008]
§ Qualifications: Applicant [and optionally
applicant’s child(ren) aged < 19 who reside(s) with them] is
(1) the addressee of an advertisement and (2) the applicant considers the
product or service offered for sale to be “erotically arousing or sexually provocative.”
§ Requirements: Submit the entire original
(not a photocopy) of the advertising entire opened mail piece, AND its
envelope, with BOTH attached to a properly completed USPS Form 1500.
§ Result: The order applies to the
specific mail-sender.
o
Application for Listing: [39
U.S.C. § 3010]
§ Qualifications: Applicant [and optionally
applicant’s child(ren) age 19 or less who reside(s) with them or
are under their care, custody, or supervision].
§ Requirements: Submit a USPS Form 1500
completed for the listing. No mailpiece needs to be submitted.
§ Result: The addressee is put on a
list of persons who do not wish to receive sexually oriented ads in their mail.
o
NOTE: Postal
inspectors work with the NCMEC above, the Dept. of Justice’s Child Exploitation
and Obscenity Section, and U.S. Attorneys’ offices, to investigate child sexual
exploitation involving the mail and the Internet.
·
A report may also be filed with federal, state, or local law
enforcement personnel (see a state and local directory at
https://www.usacops.com/)
Prostitution of Children Also
see the applicable jurisdiction (native, military, athletic, other U.S. lands,
Internet if apt, or states and territories).
·
To report an incident or suspicious situation that may involve the
prostitution of children (inside the U.S.), the same protocols may be used for
contacting the NHTRC as shown above for the Extraterritorial Exploitation of
Children.
·
An incident of
sexual exploitation of children may also be reported to the National Center for
Missing and Exploited Children (NCMEC) at 1-800-The-Lost (1-800-843-5678) or
its online CyberTipline at http://www.cybertipline.com/ . The report is
forwarded to law enforcement for investigation and action.
·
The incident may
also be reported to federal, state, or local law enforcement. (See a state and
local directory at https://www.usacops.com/)
Sex Offender Registration Not covered elsewhere in this
Digest.
·
Federal and state laws differ for registering sex offenders. A
person in violation of state registration law might not be violating federal
registration law (18 U.S.C. § 2250).
·
To report a non-compliant or unregistered sex offender (under federal
rules), email the U.S. Marshals Service (USMS) National Sex Offender Targeting
Center (NSOTC) at IOD.NSOTC@usdoj.gov .
·
For a list of all sex offender registries, see
https://www.nsopw.gov/ This is the National Sex Offender Public Website,
searchable by registries for all 50 states, the District of Columbia, the
territories, and “Indian Country”.
·
To report a non-compliant or unregistered sex offender (under state
rules), contact local or state law enforcement. (see a state and local
directory at usacops.com/)
Gap-filling: both incest and
age of consent are defined by the child’s state or territory, under federal
gap-filling provisions of 18 U.S.C. § 13. See this Digest’s relevant state or
territory section.
This document provides legal information, not legal advice.
F. Russell Denton, Ph.D., Esq.
ISBN No. 979-8-9886484-0-6
©️ Pinion Feather Press, LLC, 2020, 2023.