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 includes 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 illegal under federal law to knowingly search for and view child pornography even if the images are destroyed or deleted.
This Section has to do with the government of the United State protecting against the exploitation of children. The government has passed many codes, laws and dealt with much legislation regarding protecting children, not only in America and throughout the United States, but also in foreign countries.
If any American attempts to engage in any sort of illegal activity with children outside the country, the United States government will also prosecute that type of activity.
18 U.S.C. 2252 covers a full gamut of different activities that are going on throughout the United States by way of use of the internet, social media and applications. All of these different 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.
In order to trigger a Federal Code, all the governed has to prove is that whatever is going on affects interstate commerce. That basically means that using a computer, any type of a phone, any type of an applicant that could affect interstate commerce, then the Federal government can prosecute that as a crime.
A lot of times what I see them looking at is the amount of images that an individual is being involved with as far as determining how they’re going to prosecute child pornography.
Once you start to get into the more serious crimes – like producing child pornography or actually being involved with the sale or distribution of child pornography – that’s when certain mandatory minimums come into play, and these type 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 that they deal with when it comes to child pornography. The bottom line is, anybody that they catch who is involved with the exploitation of children, pursuant to United States Code 2252, they will prosecute to the full extent of the law and they have the full backing of the United States government and also the judges who are in the various district courts throughout the United States.
If you have a case involving the sexual exploitation of children you should seek 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 that they have, forensic experts that deal with computers and the various other experts that might benefit your case or your situation.
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