PRODUCING CHILD PORNOGRAPHY
FEDERAL LAW ON THE PRODUCTION OF CHILD PORNOGRAPHY
18 USC 2251 is the federal statute that sets forth the law on producing child pornography. The law is often referred to as “the sexual exploitation of children.” According to this law, you are guilty of a crime if you:
- Persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct, and
- Do so for the purposes of producing visual depictions of that conduct.
Further, 18 U.S.C. 2251A prohibits any parent, legal guardian, or other person in custody of a minor to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Note that a federal prosecutor can bring criminal charges under federal law when an offense occurred in interstate or foreign commerce. A crime takes place in interstate or foreign commerce, for example, if an offender uses the U.S. mail system to transport child pornography across state or international borders. In addition, federal charges may result when an accused is suspected of using the internet to commit an offense.
PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN
A conviction of sexually exploiting a child can result in:
- Fines, and/or
- Imprisonment in federal prison for years.
The specific penalties for the crime will range depending on the facts of every individual case.
Note that defendants will receive more severe penalties if they have prior convictions under either state or federal law.
DEFENSES TO EXPLOITATION CHARGES
Fortunately, people charged with sexually exploiting a child can contest the charge with a legal defense. A common defense is for an accused to show that the authorities somehow violated his/her constitutional rights. For example, it’s possible that law enforcement:
- Arrested you without probable cause,
- Coerced a confession, or
- Arrested you after conducting an unlawful search and seizure.
If any of the above occurred, a judge may reduce a charge or dismiss a charge in its entirety.