Laws on Child pornography (part 3)
Definition of child pornography:
US federal law defines child pornography as “any visual depiction” that “involves the use of a minor engaging in sexually explicit conduct.” A minor is anyone under the age of 18 (even if the state’s age of consent for sexual activity is lower).
Sexually explicit conduct includes “graphic or simulated lascivious exhibition of the genitals or pubic area of any person.” A visual depiction includes- film, video or a photograph - but it is also information that can be converted into an image, such as undeveloped film or data stored on a computer.
Unlike other forms of sexually explicit material, child pornography is banned whether or not it meets the legal definition of obscenity. There is no constitutional right to possess, distribute or produce child pornography. Child pornography is simply not tolerated.
Federal law applies any time that the transmission, sale, production, distribution or possession of child pornography affects interstate or foreign commerce. This typically applies to images that are transported across state lines. It also applies when materials that have crossed state lines are used to produce child pornography.
In almost every case, federal law will apply to the situation. If a pornographic image is sent over the Internet to someone in another state, federal law will apply. If the image is sent to someone in the same state, but the Internet server is in another state, federal law will apply. In the rare case that federal law does not apply, state law will step in. Sometimes, prosecutors will file charges for violation of both state and federal law.
The prison sentences for selling, distribution, production and possession of child pornography can be quite severe. In addition, property that relates to child pornography may be seized. This may include photographic equipment and computers. Convicted defendants may be required to register as sex offenders.
To know more about the material constituting or containing child pornography, click this link: http://www.law.cornell.edu/uscode/18/usc_sec_18_00002252—A000-.html
Courtesy: http://www.gregglermanlaw.com/Practice_Center.shtml?focus=topic&id=2
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