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Rep. Boyda and A.G. Steve Six Announce New Law to Protect Kansas Kids From Predators

BOYDA’S EFFECTIVE CHILD PORNOGRAPHY ACT OF 2007 SIGNED INTO LAW BY PRESIDENT BUSH

WASHINGTON, D.C. – A new federal law to protect children from predators was announced today by Congresswoman Nancy Boyda (Kansas Second District) and Kansas Attorney General Steve Six.  The law, authored by Rep. Boyda and signed by President Bush, strengthens prosecution for the possession and distribution of child pornography.

The Effective Child Pornography Prosecution Act of 2007 closes a legal loophole that allowed a Kansas man convicted of possessing child pornography to escape punishment.

Boyda said, “As concerned citizens, parents, and Members of Congress, we must do all we can to keep our children safe.  That means we must make a commitment to being tough on crime – to make sure that those who violate the law are fully prosecuted – to ensure that the law is so clear that it deters such heinous crimes.”

In 2005, a northeast Kansas man, William Schaefer, was found guilty of both “knowingly receiving” and “knowingly possessing” child pornography that had been “transported in interstate commerce by any means including by computer.” The 10th Circuit Court of Appeals overturned the decision, ruling that just because images are obtained on the Internet does not mean they were transmitted across state lines. Schaefer walked away from the charges.

After the U.S. vs. Schaefer ruling, Congress decisively clarified its intent that the Internet is in fact interstate commerce.  The House voted unanimously for the Effective Child Pornography Prosecution Act of 2007 last November.  After languishing for many months in the Senate, that chamber passed the legislation last month. It was signed into law by President Bush on October 8, 2008.

Fighting Internet crime has been a priority for Attorney General Steve Six since he took office. A.G. Six said, “I’m pleased to recognize Congresswoman Boyda’s efforts to help stop child pornography. Her work on this law was instrumental in making sure criminals are prosecuted to the fullest extent of the law,” Six said. “I have spent much of my time as Attorney General fighting Internet crime and I know it takes cooperation at the local, state and federal level to crack down on these horrible crimes and keep our kids safe.”

Kyle Kessler, Vice President of Administration and Governmental Affairs for KVC Behavioral Health Center: “A key part of the work KVC does to protect children and help families is to advocate for the legislation necessary for law enforcement, prosecutors, and judges to do their jobs and this is another tool to do that.”

Boyda said, “While the web has been an invaluable tool in our ever-changing world, we cannot ignore that it potentially poses a danger to the welfare of our children. With so many threats out there, Congress, law enforcement agencies and families must provide a unified message that we, as a society, will not stand for anything less than a safe Internet.”