What constitutes child pornography?

What Constitutes Child Pornography?

Child pornography is a really serious issue that can totally ruin people’s lives. But sometimes the laws around it can get kinda confusing and complicated. Like, what exactly counts as child pornography from a legal perspective? And how do courts decide what’s illegal and what’s not? I wanted to break it down in an easy-to-understand way, so people know what’s up.

The Legal Definition

Okay, so at the federal level, child pornography is defined as “any visual depiction of sexually explicit conduct involving a minor (someone under 18 years old)” [5]. Which might sound pretty straight-forward, except “sexually explicit conduct” also has a specific definition.

According to the law, it means actual or simulated:

• Sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex)
• Bestiality
• Masturbation
• Sadistic or masochistic abuse
• Lascivious exhibition of the genitals or pubic areas of any person

And here’s the kicker: the images don’t actually have to show a child engaging in sexual activity. Yeah, I know, it’s kinda confusing. Basically, any depiction of a minor’s private parts could potentially be considered child pornography [5].

What About State Laws?

Most states also have their own child pornography laws, which may be a bit different from the federal statutes. For example, in California, it’s illegal to possess or distribute media showing a minor engaging in or simulating sexual conduct [3]. So things like nudity or provocative posing alone wouldn’t necessarily be considered child porn under California law.

But in other states like New York, the definition of child pornography can be broader and more similar to the federal standard [4].

So yeah, the laws vary between states, but in general they all aim to criminalize media that depicts minors in sexually explicit ways.

What About Defenses?

Given how broad some child pornography laws are, there can occasionally be gray areas that lead to charges being disputed. For example, some people have tried arguing things like:

• They didn’t realize the images showed minors
• They just possessed the images briefly and didn’t actually download or share them
• The images have artistic or scientific value

But courts haven’t always accepted these defenses. In a lot of cases, just possessing child pornography at all is enough to uphold charges, even if it was unintentional or for a short period [2].

That said, a skilled defense attorney may still be able to get charges reduced or dismissed depending on the specific circumstances. For example, if the search that uncovered the images was unconstitutional in some way, that might make the evidence inadmissible. But in general, most child pornography charges tend to stick once prosecutors can prove the elements of possession or distribution.

What About Sexting and Teen Selfies?

Another complicated issue is when teenagers take sexually explicit photos of themselves and send them to others. Since they’re under 18, those images technically fit the definition of child pornography. And there have been some high-profile cases of minors being charged for possessing their own nude selfies.

However, most states have passed laws carving out exceptions for sexting between consenting teens. The goal is to avoid overly harsh punishments for behavior that, while risky, is common among adolescents today. Still, minors should be aware that sharing explicit images of themselves or others could potentially lead to prosecution in certain circumstances.

The Harms of Child Pornography

While the legal details surrounding child pornography can be complex, it’s important to remember why we have these laws in the first place. Child pornography is inextricably linked to child sex abuse and exploitation [1].

When people create, distribute or possess explicit media involving kids, they directly contribute to and incentivize the sexual victimization of children. Child pornography also causes ongoing trauma to victims, who may be haunted by the permanent records of their abuse circulating online.

So while occasionally the law can be fuzzy around the edges, there are very good reasons why we as a society take child pornography so seriously. Clarity on what crosses the line legally can hopefully help people steer well clear of conduct that enables this toxic industry.

The Takeaway

Okay, let’s recap the key points:

• Child pornography involves sexually explicit visual depictions of minors
• Federal law defines it broadly, but state laws vary
• Merely possessing child pornography is illegal
• Defenses disputing charges have limited success
• Sexting between teens occupies a gray area
• The goal ultimately is to protect children from exploitation

I know this stuff can be really nuanced and confusing sometimes. But the bottom line is that any media showing kids in sexually explicit ways is dangerous and illegal. If you come across something questionable, just steer clear of it altogether and you’ll be in the clear!