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Protection of Identity of Child Witnesses and
Victims
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Under 18 U.S.C. § 3509, the term "child" means a person
who is under
the age of eighteen who is or is alleged to be a victim of a crime
of physical
abuse, sexual abuse, or exploitation; or a witness to a crime
committed against
another person.
Section 3509(d) requires that all government employees
connected with "a
criminal proceeding," all court personnel, the defendant and all
employees of the
defendant, and all members of the jury:
- keep all documents that disclose the name or any
other
information concerning a child in a secure place to which no person
who does not
have reason to know their contents has access; and
- disclose documents described (in the statute) or the
information in them
that concerns a child only to persons who, by reason of their
participation in
the proceeding, have reason to know such information.
Pursuant to 18 U.S.C. § 403, a knowing or intentional
violation of the
privacy protection accorded by Section 3509 is a criminal contempt
punishable by
a fine and up to one year's imprisonment.
[cited in USAM 9-8.220] | |