Federal Child Pornography Laws

Federal and state laws make it a crime to produce, distribute, or even just possess pornographic materials that portray a minor (someone under the age of 18). Increasingly, child pornography laws are being relied on to punish individuals who use the internet to share or obtain pornographic images and videos involving children.

Federal laws addressing child pornography are:

18 U.S.C. § 2251- Sexual exploitation of children

18 U.S.C. § 2251A- Selling or buying of children

18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of         minors

18 U.S.C. § 2252A- Certain activities relating to material constituting or containing child pornography

18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

A violation of federal child pornography laws is a serious crime and the penalties are harsh. First-time offenders found guilty of producing child pornography can be sentenced to between 15 and 30 years in prison. Individuals caught with child pornography on their personal computers receive prison time. Offenders may be prosecuted under federal or state law (or both).

A federal child pornography crime such as manufacturing, distribution, or possession typically requires the illegal activity to cross state lines, such as on the internet or through the mail. While federal authorities often take the lead, state prosecutors can also pursue child pornography charges.

If you’ve been convicted of a child pornography-related crime, either federal or state, your sentence will likely include mandatory sex offender registration. This means that your photo, address, and other information will appear in a database for monitoring and tracking sex offenders.

It is both a federal and state crime to knowingly fail to register or update a sex offender listing as required by law. Members of the public can gain access to this information via the National Sex Offender Public Website, which includes the registry of all 50 states and the District of Columbia.

Some people have argued, unsuccessfully, that child pornography should be protected under the First Amendment to the United States Constitution. However, courts have consistently found that images of child pornography are not protected as free speech or free expression, primarily because the very existence of such material infers that violations — photographing minors in a pornographic manner — were committed in its production.

 

The main precedent for this was set in a 1982 U.S. Supreme Court decision (New York v. Ferber) upholding the right of states to prohibit the distribution or possession of sexually explicit photos involving children. Specifically, it holds that these state laws “…[don’t] violate the First Amendment as applied to the States through the Fourteenth Amendment.”

When explicit images of minors are shared on social media (including “selfies” taken by the subjects themselves), this oversharing may cross the line into child pornography territory. While the criminal nature of such acts is clear when committed by an adult, it’s less certain when it’s committed by a minor. It also depends on particular state laws.

The intent behind child pornography laws is to protect children from exploitation, but many laws don’t make a distinction. For instance, a minor sending an explicit photo of himself to his minor girlfriend could open both individuals up to prosecution. However, this is a still-evolving area of law, in the wake of rapid advances in technology.

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

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10.0Gregory Wayne Schwesinger
10.0Saad Qamer Qadri
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