Child Porn – Touch But Don’t Look

child pornography lawsEver hear of the old saying, “look but don’t touch”?  Well when it comes to child pornography, the opposite is expected.

In most states across the county the age of consent is 16. This means that regardless of your age, you are legally allowed to have consensual sexual relations with any girl aged 16 or older.

But what about taking nude pictures?  According to federal and state child pornography laws, it is illegal to produce, possess, or distribute any nude image of a person who is under the age of 18, if the picture is sexually suggestive.  The following is from the US Department of Justice:

“Child pornography is defined by law as the visual depiction of a person under the age of 18 engaged in sexually explicit conduct. See 18 U.S.C. §§2256(1) and (8). This means that any image of a child engaged in sexually explicit conduct is illegal contraband. Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. See 18 U.S.C. § 2256(2). A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. In addition, for purposes of the child pornography statutes, federal law considers a person under the age of 18 to be a child. See 18 U.S.C. § 2256(1). It is irrelevant that the age of consent for sexual activity in a given state might be lower than 18. A visual depiction for purposes of the federal child pornography laws includes a photograph or videotape, including undeveloped film or videotape, as well as data stored electronically which can be converted into a visual image. For example, images of children engaged in sexually explicit conduct stored on a computer disk are considered visual depictions.” (Source)

This is a perfect example of how dysfunctional and unfair laws are when pertaining to sex crimes.  To think that one can have consensual sexual intercourse with a 16 year old, but would spend 10 years rotting in prison for taking nude pictures of her is ludicrous.  Nevertheless our courts enforce these laws to the utmost extent.  If you ever find yourself facing child pornography charges, be sure to hire a sex crimes attorney who is intimate with the specific defenses to these types of charges.

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