Mar 21, 2024

Child Pornography Laws, Charges and Statute of Limitations

Understanding Child Pornography as a Federal Offense

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. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. 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. This classification makes it a serious federal offense. The crime comes with some of the most severe penalties and consequences.

Types of Child Pornography

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. Images of child pornography are not protected under First Amendment rights. They are illegal contraband under federal law.

Whether a person has created, distributed or possessed child pornography, the penalties they can face are severe. After being convicted of the crime, penalties are among the harshest in the country. Generally speaking, the exact punishment a person receives depends on the circumstances. The severity varies based on specific factors involved.

What Constitutes Child Pornography Under Federal Law

Additionally, a person can still be convicted of child pornography in various situations. 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. This constitutes a crime and violation of federal laws. It also doesn’t matter that there are state laws that vary on the age of consent. Federal statutes are clear. If a minor younger than 18 is featured in pornographic content, it is still against the law.

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

Under federal law, any image that includes children in a sexual manner is considered child pornography. Minors younger than 18 cannot be pictured in any pornography as a result. The laws are clear when defining each type of pornography and how it is used. Charges can be brought against a person for the following:

• Creating child pornography, whether photos or video of children in sexual situations.
• Possessing child pornography on one’s computer, photos or DVD.
• Viewing child pornography and storing images of such content.
• Distributing child pornography in any manner.

Penalties for Child Pornography

Child pornography always carries the most serious penalties for those convicted of the crime. For a first offense, a person convicted of producing child pornography faces severe consequences. Federal penalties can include 15 to 30 years in prison and hefty fines. If someone is convicted of distributing it, the sentence may be five to 20 years. Prison time comes with substantial fines.

Additional Consequences Beyond Prison

No matter what the level of offense, individuals convicted must face lifelong consequences. They are required to be placed on the Sex Offenders Registry. They must stay a certain distance away from schools. Daycare centers and other places frequented by children are off-limits. Their neighbors must also be warned of their status. This is a crime that follows a person for the rest of their life.

Other factors can also determine the individual’s sentence. Prior criminal history affects sentencing. Whether the content was violent or sadistic matters. Whether the child was sexually abused impacts the penalty.

Sentencing Guidelines and Considerations

When it comes to sentencing in a child pornography case, judges consider multiple factors. The judge will take many different factors into consideration. The person’s criminal history matters significantly. The content involving the child is evaluated. Amount of that content and others will be taken into consideration. Generally speaking, the sentencing is usually severe. This severity reflects the heinous nature of child pornography itself.

About Statute of Limitations for Child Pornography

On the federal level, there is no statute of limitations for child pornography. Federal law provides that no statute of limitations shall preclude prosecution for offenses involving sexual abuse of children. This means that a person can be charged at any time. Some states have a statute of limitations. However, the majority of these cases are charged as federal crimes.

Child Pornography Laws, Charges and Statute of Limitations