Child pornography problem increasing in AFSPC

  • Published
  • By Malmstrom Legal Office and AFOSI, Det. 806
MALMSTROM AIR FORCE BASE, Mont. --  There has been a steady increase in disciplinary actions associated with the possession and distribution of child pornography in Air Force Space Command and in the Air Force as a whole. This troubling trend prompted Gen. Kevin P. Chilton, AFSPC commander, to send a letter to all personnel concerning the appropriate use of the Internet. In his letter, General Chilton warned that downloading child pornography is a crime punishable under the Uniform Code of Military Justice, as well as under state and federal laws. Unfortunately, many members apparently still do not recognize that possessing or distributing child pornography is a crime. This is a huge problem. 

Members need to understand and accept that knowingly "possessing, selling, transporting, receiving, distributing or reproducing for distribution material involving the sexual exploitation of minors" or "material constituting or containing child pornography" will result in criminal prosecution. More troubling is the fact that today, members can access illegal material on the Internet even without the use of a credit card. To avoid an investigation or prosecution, personnel must always use caution when visiting different Web sites on their personal computers and must avoid accessing sites or downloading material that may contain content that sexually exploits children. 

"All military members are subject to the jurisdiction of the UCMJ, as well as state and federal laws," said Capt. Shelly McNulty, 341st Judge Advocate chief of military justice. "As such, military members knowingly possessing or distributing child pornography - even in the privacy of their own home - could be prosecuted in a military, state or federal court." 

Like all off-base offenses, the Air Force would normally seek jurisdiction to prosecute such a member. In the State of Montana, however, there is a special team from the U.S. Attorney's Office that prosecutes all child pornography cases in federal court - even in cases involving active-duty military members. In these cases, Malmstrom will seek to administratively discharge any military member convicted on child pornography charges.
Recently the Air Force has taken a black eye in the media with respect to child pornography cases. At this time, there are a number of personnel awaiting trial on child pornography charges throughout AFSPC, with suspected offenders coming from all ranks: junior enlisted, senior NCOs and officers. Unfortunately, Malmstrom has not avoided this disturbing trend. Since 2004, six Malmstrom members have been convicted in federal court and discharged for possessing child pornography. The two members who were administratively discharged in 2006 with under other than honorable condition discharges were convicted and sentenced to seven years and 12 years respectively for possessing child pornography on their personal computers. Other members at Malmstrom are currently under investigation or awaiting trial. 

Often, arrests were the result of detection by the Wyoming Internet Crimes Against Children Task Force. This task force created a computer program that is used globally to find, track and report, in real time, people distributing or sharing child pornography on the Internet. The Bureau of Immigration and Customs Enforcement is then the primary federal investigative agency charged with investigating allegations of child pornography. When an Air Force member is identified as being involved in possession or distribution of child pornography, ICE will work jointly with the Air Force Office of Special Investigations. ICE and AFOSI utilize special investigative techniques to include forensic computer analysis to obtain all downloaded or uploaded child pornography, even when the individual assumes the material has been removed or deleted. 

"The ICAC is an incredible task force made up of expert professionals," said Special Agent Brian Alexander, Commander, AFOSI Det. 806. "They're the best at what they do."
Despite the increase in detection, investigation and prosecution of these crimes, child pornography cases are still rampant and criminals continue to exploit children. Possession and distribution of child pornography are serious offenses that can carry heavy punishment. Federal law authorizes up to 10 years in prison for child pornography possession. Those convicted of receipt and distribution of child pornography face an additional minimum of five years and maximum of 20 years for a first offense. 

All military members must be aware of these crimes and ensure files they are downloading off the Internet do not contain child pornography images. Failure to do so may result in a federal conviction, discharge from the Air Force and many years of incarceration.