SENATE JOINT MEMORIAL 18

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Linda M. Lopez

A JOINT MEMORIAL

REQUESTING THAT THE ATTORNEY GENERAL CONVENE A TASK FORCE TO STUDY THE TECHNOLOGICAL SOPHISTICATION OF VIRTUAL OR COMPUTER- GENERATED CHILD PORNOGRAPHY IN NEW MEXICO, ITS IMPACT ON NEW MEXICO'S CHILDREN AND THE EXTENT TO WHICH IT SUPPORTS THE CHILD PORNOGRAPHY MARKET.

     WHEREAS, the state of New Mexico has a compelling duty and interest to protect its children from sexual exploitation and abuse and the physical, emotional and psychological harm sexual exploitation and abuse causes to children; and

     WHEREAS, the state of New Mexico cannot tolerate its children to be used or viewed as sexual objects; and

     WHEREAS, technological advancements make it possible for purveyors of child pornography to generate images either by "morphing" children's faces or body parts onto other images or by creating purely computer-generated pornography; and

     WHEREAS, with the continued fast-paced advance of computer technology, it may become increasingly difficult to discern actual children from computer-generated images and thereby increasingly difficult to prosecute cases involving actual children; and

     WHEREAS, computer-generated or altered images may still encourage and promote a market for creation and distribution of child pornography and the sexual abuse and exploitation of actual children; and

     WHEREAS, especially in the case of morphing, even if the depicted child was not physically harmed in the production of the image, the depicted child's emotional well-being and reputation is subject to grievous psychological harm every time the image is viewed or displayed by others;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the attorney general be requested to convene a task force to study the technological sophistication of virtual or computer-generated pornography in New Mexico, its impacts on New Mexico's children and the extent to which it supports the child pornography market; and

     BE IT FURTHER RESOLVED that the task force include the attorney general or the attorney general's designee; the secretary of public safety or the secretary's designee; a representative from the administrative office of the district attorneys; and any other entities deemed necessary by the attorney general; and

     BE IT FURTHER RESOLVED that the task force's study include the following:

          A. the pervasiveness and technological sophistication of virtual or morphing technology in child pornography in New Mexico and its effects on the child pornography market;

          B. the extent to which morphed images are used by abusers to seduce, molest, entice or lure children;

          C. the extent of physical, emotional and psychological harm caused to identifiable child victims who are depicted in morphed images; and

          D. the extent to which abusers of actual children are able to successfully evade prosecution by claiming that there is reasonable doubt as to whether or not the children depicted are real or computer-generated; and

     BE IT FURTHER RESOLVED that the task force be requested to present its findings, including any recommendations for proposed legislation, to the appropriate interim legislative committee no later than November 1, 2007; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general, the secretary of public safety and the administrative office of the district attorneys.

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