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 anyone under 18 years old. “Sexually explicit conduct” includes various forms of sexual activity that have 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 passed many codes and laws and dealt with much legislation protecting children in America and throughout the United States and 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, the sale, the production, and the 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 applicant could affect interstate commerce; the Federal government can prosecute that as a crime.
Often, I see them looking at the number of images that an individual is being 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, and these types of offenders will be looking at many years in Federal prison to be served at 85%.
The government has a whole list of policies that their prosecutors know about and deal with regarding child pornography. The bottom line is, anybody that they catch who is involved with the exploitation of children, under the United States Code 2252, will prosecute to the full extent of the law. They have the full backing of the United States government and the judges in the various district courts throughout the United States.
Suppose you have a case involving the sexual exploitation of children. In that case, you should seek the immediate advice of a seasoned federal criminal defense attorney, sit down with him, give him all the details related to your case, let them go to work for you.
Utilize the experts they have, forensic experts that deal with computers, and the various other experts that might benefit your case or situation.