Child Pornography Laws, Charges and Statute of Limitations

What is Child Pornography?

Child pornography is one of the worst crimes across the country. This is a crime that involves any type of pornography featuring a child younger than 18 years old. Whether the content is in photo, video, sound or any other form, it doesn’t matter. If a minor under the age of 18 is featured, it is considered child pornography, which is a serious federal offense that comes with some of the most severe penalties and consequences.

Additionally, there are two types of child pornography: that which directly involves a child and simulated. Regardless of the type, child pornography involves other laws pertaining to child abuse. No matter what the circumstances, the laws surrounding child pornography are always the harshest.

Understanding Child Pornography Laws

There are state and federal laws that make child pornography illegal. Generally speaking, most charges for the crime are filed on the federal level. It’s important to know that the First Amendment does not protect anyone from child pornography. Whether a person has created, distributed or possessed child pornography, the penalties they can face after being convicted of the crime are among the harshest in the country.

Generally speaking, the exact punishment a person receives depends on the circumstances. Additionally, a person can still be convicted of child pornography even if the child isn’t actually engaging in a sexual act in the content. If the child is nude and posed in a sexually suggestive manner, that is enough to be considered a crime and in violation of federal laws. It also doesn’t matter that there are state laws that vary on the age of consent; if a minor younger than 18 is featured in pornographic content, it is still against the law.

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Legal Scenario: What Would You Do?

Scenario

A parent discovered that their teenager had been sexting with a same-age peer and now has explicit images of another minor stored on their phone. School administrators found out and reported the situation to local police, who are now investigating both families.

Can my child actually face child pornography charges for having explicit images of another teenager their own age?

Attorney's Answer

Yes, under both federal law (18 U.S.C. § 2256) and most state statutes, possessing sexually explicit images of any person under 18 constitutes possession of child pornography, even if the individual who possesses them is also a minor. Some states have enacted 'Romeo and Juliet' exceptions or diversion programs for teen sexting cases, but federal law makes no such distinction and carries mandatory minimum sentences of 5 to 20 years for production and up to 10 years for possession. An experienced defense attorney can often negotiate to keep these cases in juvenile or state court where alternative sentencing and diversion programs may be available, potentially avoiding a conviction that would require lifetime sex offender registration.

This is general information only. Contact us for advice specific to your situation.

While federal law deals with all of these crimes, the individual can also be charged at the state level.

Potential Child Pornography Crimes and Charges