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CHILD PORNOGRAPHY CHARGES

Child pornography charges are defined in the criminal codes of the jurisdiction issuing the charges — that is, the state or federal criminal codes. It's important that a criminal lawyer be very familiar with the exact wording of child pornography charges, because it may make or break the defense.

Changes in Child Pornography Laws

All child pornography charges are based on laws — not on the whims of the police, prosecutor, or judge — and the laws in a given state or the federal system often change. Because of the complexity of child pornography cases, it is highly important for an individual accused of such charges to have an experienced, knowledgeable child pornography defense attorney fighting on his or her behalf.

The U.S. Criminal Code's Child Pornography Charges

For example, the federal criminal code contains explicit definitions of the various aspects of child pornography charges. Many terms are spelled out, including:

Child Pornography:

Any visual depiction (including photograph, film, video, picture, or computer or computer-generated image or picture) whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

  • The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct,
  • Such visual depiction is a digital image, computer image, or computer-generated image that is (or is indistinguishable from) that of a minor engaging in sexually explicit conduct, or
  • Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct

Sexually explicit conduct:

(1) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited,

(2) Graphic or lascivious simulated

  1. Bestiality,
  2. Masturbation, or
  3. Sadistic or masochistic abuse, or

3) Graphic or simulated lascivious exhibition of the genitals or pubic area of any person

A "minor" is defined as any person under the age of 18. Even the definition of "computer" is spelled out.

Are You Facing Child Porn Charges?

If you are facing one or multiple counts of child pornography possession, dissemination, etc., it will be in your best interest to contact a child pornography lawyer at Imhoff & Associates office to discuss your case today. Our attorneys are well versed in child pornography laws and will help you make a solid defense.


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