Child pornography is anything that shows a minor (a person under 18 years of age) engaging in sexually explicit conduct. It can take the form of a photo, a movie, or even a computer-generated image. "Sexually explicit conduct" is not limited to just sexual intercourse, but can involve any kind of sexual act that would be inappropriate to show a minor engaging in.
The best rule of thumb is if it involves child pornography at all, it probably is illegal. While every state has laws regarding child pornography, some of its uses are considered a federal crime as well:
Violating a federal law concerning child pornography can result in a fine and a maximum prison sentence of 20 or 40 years, depending on the circumstances of the crime. Each state has their own penalties for violating their own child pornography laws, but like the federal laws, it typically involves a fine and/or a prison sentence.
Yes, a minor depicted in child pornography can sue a distributor to stop the distributor from selling or giving away the material. The minor can also sue for financial damages, including punitive damages, as well as the cost to the minor for bringing the lawsuit.
A criminal defense lawyer can be vital to mounting a successful defense against child pornography charges. A criminal defense attorney knows the law in your state and can help you defend yourself.
Last Modified: 10-03-2016 07:36 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.