Child pornography is a form of child sexual exploitation. Images of child pornography are also referred to as child sexual abuse images. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (person under the age of 18). Visual depictions include photographs, videos, digital or computer-generated images indistinguishable from an actual minor, and images created, adapted, or modified that appear to depict an actual, identifiable minor. Undeveloped film, undeveloped videotape, and electronically-stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law. The legal definition of explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. And the age of consent for sexual activity in a given state is irrelevant under federal law—any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, importation, reception (receipt), or possession of any image of child pornography. A violation of federal child pornography laws is a serious crime, and convicted offenders face fines and severe statutory penalties. For example, a first-time offender convicted of producing child pornography under 18 U.S.C. §2251 faces fines and a statutory minimum of 15 years to 30 years in prison. A first-time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. §2252 faces fines and a statutory minimum of 5 years to 20 years in prison. And convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations—defined as (1) the images are violent, sadistic, or masochistic in nature; (2) the minor was sexually abused; or (3) the offender has prior convictions for child sexual exploitation.
Federal jurisdiction (the federal government’s authority to prosecute) is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the United States Postal Service (USPS) or common carriers to transport child pornography across state or international borders. And federal jurisdiction almost always applies when the internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials—such as the computer used to download the image or the CD-ROM used to store the image—originated or previously traveled in interstate or foreign commerce.
States also have criminal laws (located in the penal or criminal code or statutes) that prohibit the possession, creation, accessing, distribution, importation, promotion, or use of child pornography. An offender may be prosecuted under state child pornography laws in addition to a federal prosecution, or instead of a federal prosecution.
In Texas, child pornography is strictly prohibited and is considered a severe criminal offense. Under both federal and state laws, child pornography includes any visual depiction of sexually explicit conduct involving a minor under the age of 18. This encompasses a wide range of materials, such as photographs, videos, digital images, and even data that can be converted into a visual image. It is important to note that the image does not need to show a child engaged in sexual activity to be considered illegal; if it is sexually suggestive, it may qualify as child pornography. Federal law criminalizes the production, distribution, reception, and possession of child pornography, with substantial penalties including fines and lengthy prison sentences. For instance, under 18 U.S.C. §2251, producing child pornography can result in a minimum of 15 years to 30 years in prison for a first-time offender. The penalties can increase if the offense involves aggravated circumstances or if the offender has prior convictions. Federal jurisdiction typically applies when the offense involves interstate or foreign commerce, which can include using the internet or transporting materials across state lines. In Texas, state statutes also criminalize activities related to child pornography, and offenders can be prosecuted under state law, which may occur alongside or instead of federal prosecution.
