31 N.Y.U. Rev. L. & Soc. Change 773 (2006-2007)
Drawing the Line on Virtual Child Pornography: Bringing the Law in Line with the Research Evidence

handle is hein.journals/nyuls31 and id is 781 raw text is: DRAWING THE LINE ON VIRTUAL CHILD
PORNOGRAPHY: BRINGING THE LAW IN LINE WITH
THE RESEARCH EVIDENCE*
NEIL MALAMUTH, PH.D.,* & MARK HUPP[N, J.D., PH.D.**
OUTLINE
I. INTRODUCTION
II. THE LEGAL LANDSCAPE SURROUNDING ASHCROFT V. FREE SPEECH
COALITION
A. Congress responds: the Prosecutorial Remedies and Other Tools to End
the Exploitation of Children Today Act (PROTECT)
B. Conventional treatment of propensity evidence and the exception to the
rule in child sex-offense cases: the example of character evidence
C. Imposing preemptive penalties against child molesters
D. A wide berth
E. Toward a constitutionally sound approach
Il. RESEARCH ON CHILD PORNOGRAPHY
A. Overview
B. Arousal to child pornography
C. Child pornography use as an indicator of pedophilia
D. Were sexual offenders exposed to more pornography?
E. Are child pornography offenses associated with molestation?
F. What factors distinguish those most at risk for re-offending?
G. Integrating the data
IV. RESEARCH ON LEGAL, NONCONSENTING, AND OTHER ADULT
PORNOGRAPHY
A. Overview
B. Effects of exposure to pornography
1. Research framework
2. Methodological considerations
3. Hypothesized effects and research findings
* Both authors contributed equally to this paper. Order of authorship was determined by the flip of
a coin. The authors express their deep appreciation to the Review's editors and to Prof. James
Weinstein for very valuable suggestions on earlier drafts of this paper.
** Professor of Psychology, Communication Studies, and Women's Studies, University of
California, Los Angeles.
*** Lecturer, Communication Studies and Psychology, University of California, Los Angeles.
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Reprinted with the Permission of New York University School of Law

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