What are the repercussions of being charged with child porn?
As is known, child pornography is a type of child sexual exploitation. Federal law describes child pornography as any visual representation of sexually explicit behavior involving a minor (individuals less than 18 years old). Pictures of child pornography too are referred to as child sexual abuse images.
It is absolutely forbidden by the Federal law to produce, distribute, import, receive, or possess any image or video that may suggest child pornography. Like all activities banned under the Federal Law, an infringement of federal child pornography laws is a serious crime, and parties’ indicted guilty are subject to fines, extreme statutory penalties.
Understanding the law: What are “Visual Depictions”?
Photographs, videos, digital or computer generated images that may be made blurry so that an actual child might not be obvious, and images created, modified, but appear to depict a recognizable, actual minor. Also deemed illegal visual depictions under federal law are; Undeveloped film, undeveloped videotape, and electronically stored data that may be transformed into a visual image of child pornography.
Nevertheless, the legal definition of sexually explicit conduct does not particularly require that an image portray a child getting involved in sexual activity. Even a picture of a naked child may establish illegal child pornography, given that it is sufficiently sexually suggestive. Moreover, the age of consent for sexual activity in a given state is insignificant; any depiction of a person under eighteen years of age engaging in sexually explicit conduct is unlawful.
It concerns the federal jurisdiction if and when the child pornography crime took place in interstate or foreign commerce. This includes, for instance, utilizing the U.S. Mails or common carriers to carry child pornography through state or international borders. Furthermore, federal jurisdiction nearly always applies when a child pornography violation is committed via Internet. Federal law may apply if the materials, such as the computer used to download the image or the CD Rom used to store the image, initiated or previously traveled in interstate or foreign commerce while even if the child pornography image itself did not travel across state or international borders.
What exactly are the repercussions of being charged with Child Porn?
Any violation of federal child pornography law is a serious crime, and so, convicted offenders shall face severe statutory penalties. A first time offender convicted of committing said crime by producing child pornography faces fines and a statutory minimum of 15 years to 30 years in prison. A first time offender convicted of transporting the child pornography material in interstate or foreign commerce faces fines and a statutory minimum of 5 years to 20 years in prison. Convicted offenders may have to confront even harsher punishments if the offender has earlier convictions or if the child pornography offense took place in intensified situations, for instance, if:
- The pictures display violence, sadistic, or masochistic nature
- The minor was sexually harassed
- The offender has previously been convicted for child sexual exploitation
In these circumstances, a convicted offender may face up to life detainment.