18 U.S.C. 2252 – Certain activities relating to material constituting or containing child pornography. Under federal law, child pornography is defined as any “visual depiction” of a minor engaging in “sexually explicit conduct.” A visual depiction could be a picture, video, or digital image.
By law, a minor is defined as anyone under 18 years of age. “Sexually explicit conduct” includes various forms of sexual activity that involve intercourse, masturbation, and lascivious exhibition of the genitals or pubic area of any person. Additionally, nudity could be considered “sexually explicit conduct” if it is sexually suggestive.
It is illegal under federal law to produce, distribute, receive, or possess any child pornography. It's also unlawful to knowingly search for and view child pornography under federal law, even if the images are destroyed or deleted.
This Section has to do with the government of the United States protecting against the exploitation of children. The government has enacted numerous codes and laws, as well as addressed significant legislation, to protect children in America and throughout the United States, as well as in foreign countries.
If any American attempts to engage in illegal activity with children outside the country, the United States government will also prosecute that type of activity.
Using the Internet and Social Media
18 U.S.C. 2252 covers a whole gamut of different activities throughout the United States using the Internet, social media, and applications. All of these other devices can be utilized to view child pornography. This Code section has to do with stopping the possession, sale, production, and use of any type of child pornography throughout the United States.
To trigger a Federal Code, all the governed has to prove is that whatever is going on affects interstate commerce. That means that using a computer, any phone, or any device could affect interstate commerce; the Federal government can prosecute such actions as a crime.
Often, I see them looking at the number of images that an individual is involved with as far as determining how they're going to prosecute child pornography.
Production or Distribution of Child Porn Charges
Once you start to get into the more serious crimes – like producing child pornography or being involved with the sale or distribution of child pornography – that's when certain mandatory minimums come into play. Offenders in these cases will be looking at many years in Federal prison to be served at 85%, a stark reminder of the severe consequences of such actions.
The government has a comprehensive list of policies that its prosecutors are well-versed in and deal with regarding child pornography. The bottom line is that anybody they catch who is involved with the exploitation of children under the United States Code 2252 will be prosecuted to the full extent of the law. They have the unwavering backing of the United States government and the judges in the various district courts throughout the United States, ensuring a strong commitment to protecting children from exploitation.
If you find yourself in a case involving the sexual exploitation of children, it's crucial that you seek the immediate advice of a seasoned federal criminal defense attorney. By sitting down with them, giving them all the details related to your case, and letting them go to work for you, you can ensure that you are fully informed about your rights and options.
Utilize the experts they have, forensic experts who deal with computers, and the various other experts who might benefit your case or situation.
