Child Pornography Investigations Procedure PDF

CHAPTER 35 – CHILD PORNOGRAPHY INVESTIGATIONS REV. NOVEMBER 30, 2012 35.01 PURPOSE It is the purpose of this standard operating procedure to establish guidelines for the effective response to reports of the possession, transmission, and production of child pornography and the solicitation and/or...

CHAPTER 35 – CHILD PORNOGRAPHY INVESTIGATIONS REV. NOVEMBER 30, 2012 35.01 PURPOSE It is the purpose of this standard operating procedure to establish guidelines for the effective response to reports of the possession, transmission, and production of child pornography and the solicitation and/or exploitation of children involving the use of computers. 35.02 POLICY It is the policy of the Bexar County Sheriff’s Office to aggressively investigate all reports of child exploitation and victimization. The Bexar County Sheriff’s Office will respond to complaints made by the public or referrals from other law enforcement agencies, the business community, governmental divisions (schools, libraries, etc.) and reputable agencies such as the National Center for Missing and Exploited Children, as well as Internet Service Providers. We will respond without unnecessary delay to reports of the sexual exploitation of children by the use of computer technology, and we will offer full cooperation when coordinating such investigations with other law enforcement agencies. These investigations may include both reactive (responding to calls) and proactive (undercover operations). 35.03 PROCEDURE A. All employees of the Bexar County Sheriff’s Office are prohibited from producing, receiving, possessing, or distributing child pornography (images which depict a minor engaging in sexual activity or conduct; or any image that replicates same), unless such activity is conducted by a sworn law enforcement officer during the course of an official investigation. B. Investigations 1. If the Bexar County Sheriff’s Office receives a complaint of child solicitation, or the presence of child pornography on a computer, from a citizen, business, public agency, or another law enforcement agency, a referral will be made to the investigator in charge of these investigations and the investigator’s supervisor. If the investigator or supervisor is not available, the responding officer will obtain all the pertinent information, complete a supplemental report and send it to the investigating officer without delay. 2. If child pornography is discovered by a peace officer on any media (computer, video, or photos), the officer will not let anyone disturb this evidence. No one, including other peace officers, should be allowed to alter the computer or its power source. The officer will remove everyone from the area of the computer, data storage, and power source, and notify his/her supervisor. In the event the material is located at the scene where a suspect is present or in the course of another investigation (search warrants for drugs, for example), the suspect will not be allowed to disturb or remove any electronic media or items that may contain printed or electronic data. C. Investigator Responsibility Effective date April 30, 2014 324  1. The responding investigator will ascertain from the complainant the necessary information to determine case prioritization and response. The investigator, whether on scene or not, will advise the reporting party not to allow anyone to alter or change the status of the computer in any way (do not turn it off, close programs, or otherwise touch the computer or its power source). 2. In all cases, the responding investigator(s) will contact the Sex Crimes Division and complete a supplemental report containing all pertinent information without delay. 3. All investigations of child exploitation, which involve the use of a computer, shall be coordinated with the investigator in charge of these types of crimes and shall involve direct supervisory oversight. 4. Any undercover investigations are subject to the guidelines prescribed by the Internet Crimes, Against Children (see attachment), and are subject to pre-approval by the Chief of Investigations or his designee. D. Any investigation that involves child pornography shall immediately be brought to the attention of the investigating officer’s direct supervisor. E. It is not permissible, under any circumstances, for an employee of the Bexar County Sheriff’s Office to conduct an investigation that involves the illegal distribution or possession of child pornography, with or without a computer, from his/her home, or any other location that is not pre- approved by the Chief of Investigations or his designee. Effective date April 30, 2014 325