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Back to Criminal Defense Attorneys Home | Child Pornography

Child Pornography

Child pornography is prohibited under federal and state law. According to federal law, child pornography is visual depictions of minors (under the age of consent) engaged in sex acts such as intercourse, oral sex, masturbation, or crude displays of genitals. Some federal courts believe that a crude display of genitals does not require for the genitals to be uncovered. Any picture of a nude child may be considered pornographic material if it is sexually suggestive. Data that is stored electronically, such as images stored on a computer disk, of children engaged in sexually explicit conduct is subject to child pornography laws.

Possession of child pornography is outlawed in the United States. Federal prosecutors enforce laws that make it a crime to posses, receive or distribute obscene images of minors. Trading explicit images of minors is also outlawed. Due to the popularity of the internet, there has been an increase in online trading over the years, which FBI officials investigate and combat on a daily basis.

US Congress recently increased the maximum jail sentence for child pornography crimes and some states have also increased the mandatory minimum term of imprisonment. More and more, first time offenders are getting jail sentences and repeat sexual offenders are being subjected to at least 10 years, and even life sentences. Convicted sexual offenders are also subject to harsh fines.

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