An Overview of Child Pornography Law

This content contains sensitive subject matter related to legal defense for crimes of a sexual nature.

Child pornography cases are taken very seriously by law enforcement in the U.S. Penalties for violating child porn laws can include time in prison and registration as a sex offender. Child pornography laws can be state or federal crimes. If you have questions about child pornography crimes and how to defend yourself against sex crimes, talk to a local sex crime lawyer in your area for legal advice.

State and Federal Child Pornography Laws

While it may be legal to possess some pornographic materials under the First Amendment’s Freedom of Speech clause, the Supreme Court has ruled this does not include any sexually explicit depiction of a minor. States and the federal government have laws prohibiting the possession, production, and distribution of child pornography.

Each state has its own legal definition of child pornography offenses and its own criminal laws for penalties. However, because pornographic material often occurs online or across state lines, or in foreign commerce, there is federal jurisdiction over the sale, transmission, and possession of child pornography.

Specifically, federal statutes prohibit the production, importation, distribution, possession, or reception of any image of child pornography. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a person under the age of 18. Law enforcement sometimes refers to these depictions as child sexual abuse images.

State or federal authorities may prosecute suspected child pornographers in state court or federal court. The penalties for possession, sale, or production of child pornography are severe. Even first-time sex crime offenders face lengthy prison sentences of over 15 years.

Is Teen Sexting a Criminal Offense?

With access to technology, the creation and distribution of child pornography have only gotten simpler. When the creation and distribution occur among adults, it is a crime. But children themselves may be just as liable under child pornography laws for taking pictures themselves and sharing them. Most young people have smartphones, camera technology, internet access, and social media.

Many state child porn statutes do not distinguish among the age of the offender. So, a teen boyfriend and girlfriend sending each other sexually explicit selfies may violate the same child pornography laws as a 50-year-old who shares underage images of sexual activity to an internet message board.

What Is Sextortion?

Child predators may try to get children to send sexually explicit pictures of themselves. This may include convincing them to send photos by claiming to possess some already and threatening to release them publicly or send them to parents or teachers. The FBI defines sextortion as one person threatening to distribute the private and sensitive information of another if they don’t provide images of a sexual nature, sexual favors, or money.

Children can be impressionable and often online without adult supervision. This makes young people susceptible to sextortion threats. The FBI has reported an increase in sextortion incidents in recent years.

Child Sex Trafficking

Because of the nature of child pornography, some children involved can also be victims of sex trafficking. Sex trafficking of children can involve fraud, coercion, or force. Some sexual predators may traffic children for the sole purpose of producing child pornography.

There are also state and federal laws prohibiting human trafficking and slavery. These criminal statutes often allow for enhanced penalties when the trafficking involves minors under a certain number of years of age. For instance, a person found guilty of child sex trafficking under federal law can face 15 years to life in prison.

Sex Offender Registration Penalties

Those convicted under child pornography laws are often required to register as a sex offender. Each state has its own sex offender registry system, which may differ in terms of who must register, what information they must provide, how long they must register, and what information the public may see.

Failure to register is considered a separate offense from the underlying conviction and can carry its own criminal penalties. Generally, state registries will show the offender’s name, photograph, address, and a list of offenses for which they’ve been convicted.

What Happens if You Are Charged With Child Pornography?

Facing any criminal charge is scary. But being accused of sexual abuse of children can permanently harm your reputation and personal life. A conviction for sexual exploitation of minors can also mean time in prison and long-term sex offender registration requirements.

Child pornography charges are extremely serious and require the assistance of a well-qualified and experienced criminal defense attorney. These cases can also be legally, technically, and emotionally complex. Talk to a child pornography criminal defense lawyer if you are accused of child pornography crimes.