Child Pornography
Pictures, videos or other images of children under the age of 18 (eighteen) engaged in any type of sexual conduct or actions of a sexual nature are considered to be child pornography. Nudity alone is not necessarily enough to make a video or picture be considered as child pornography. For example, home videos or photographs depicting nude children in realistic and non-erotic settings would not be considered illegal.
It is illegal to possess, produce, sell, promote or distribute child pornography of any kind. This serious offense is considered to be a sex crime and may result in mandatory sex offender registration in many states. Additionally, an individual convicted of child pornography may face individual sentences for each item of pornographic material found in his or her possession. Depending on the amount of pornographic material involved, a defendant may therefore face extreme penalties.
Child Pornography Offenses and the Internet
Child pornography offenses are often committed using the internet as a means of gaining possession of or distributing the material, and law enforcement throughout the country are always on the lookout for offenders. Because child pornography is illegal under state and federal law, a defendant may face an investigation by a state or federal agency, or these agencies may work together to identify and charge an alleged offender. Depending on the amount of material, whether the defendant is accused of simple possession or a more serious offense involving production or distribution and whether charges are filed in federal court, varying penalties may be enforced.
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