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Commonly Asked Questions
Child Pornography/Internet Pornography
Child Pornography is a criminal offense and is any visual depiction involving the use of a minor engaging in sexually explicit conduct. Visual depictions include photographs, film, video, pictures or computer-generated images or pictures, whether made or produced by electronic, mechanical, or other means.
If the visual depiction is a digital image, computer image, or computer-generated image that is a minor engaging in sexually explicit conduct, or is indistinguishable from that depiction, it is child pornography. A visual depiction that has been created, adapted, or modified to appear as an identifiable minor engaging in sexually explicit conduct is also child pornography.
A minor is any person under the age of eighteen years. Sexually explicit conduct means actual, graphic or simulated anal and/or oral sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or lewd exhibition of the genitals or pubic area of the minor. It is also illegal to knowingly produce, distribute, receive, or possess with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting that depicts a minor engaging in sexually explicit conduct and is obscene.
There is an exception if it can be proven that the depiction has serious literary, artistic, political or scientific value. The definition of a pornographic image can be subjective and many courts refer to 1986’s U.S. v. Dost to determine whether an image meets the criteria for pornography.
It is a federal and state crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography. The federal law prohibiting child pornography is 18 U.S.C. Chapter 110, Sexual Exploitation and Other Abuse of Children. In addition, the Child Online Protection Act and the Children’s Internet Protection Act also outlaw child pornography and cover media such as websites and other online forms of child pornography.
Child pornographers can be prosecuted by the FBI, the Department of Justice, the U.S. Postal Inspection Service, U.S. Customs, the U.S. Attorney General, state attorneys general, state and local law enforcement and local prosecutors. Child pornography convictions can result in 15 or more years in federal prison.
To schedule a confidential consultation contact the Law Offices of Marc Neff by phone at (215) 563-9800 or email Marc@nefflawoffices.com.