Child pornography charges can quickly ruin a person’s reputation, even if they’re proven false. As someone accused, it’s important to protect yourself by speaking with your attorney and devising a strong defense against the allegations you face.
Legally, the definition of child pornography is loose. Any image of a child, naked or participating in sexual acts, is child pornography. However, an image of a naked child needs to be significantly sexually suggestive to fit the legal definition.
What does that mean for parents? Taking pictures of your kids in the bath or running around the house naked probably isn’t going to be seen as child pornography unless it’s intentionally taken to be arousing or sexually explicit. There is a fine line, which is why it’s usually best to avoid taking photos of children in the nude in general.
By law, it’s illegal to distribute, possess, receive or produce child pornography. You could be accused of illegal acts simply by receiving emails of sexualized children, even if you didn’t seek them out yourself. There are many situations in which a person could be falsely accused, which is why working with your attorney is so important.
If you don’t have a solid defense and are convicted, even on false pretenses, you could face up to 30 years in prison with a minimum sentence of 15 years for the production of child pornography. Transporting child pornography between states or countries could lead to heavy fines and up to 20 years in prison. Those with particularly violent images or previous convictions may face additional penalties.
Source: U.S. Department of Justice, “Citizens Guide to U.S. Federal Law on Child Pornography,” accessed April 12, 2017