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Child Pornography Laws

Federal laws addressing child pornography are:

• 18 U.S.C. § 2251– Sexual exploitation of children
• 18 U.S.C. § 2251A– Selling or buying of children
• 18 U.S.C. § 2252– Certain activities relating to material involving the sexual exploitation of minors
• 18 U.S.C. § 2252A– Certain activities relating to material constituting or containing child pornography
• 18 U.S.C. § 2260– Production of sexually explicit depictions of a minor for importation into the United States

A violation of federal child pornography laws is a serious crime and the penalties are harsh. First-time offenders found guilty of producing child pornography are sentenced to between 15 and 30 years in prison. Individuals caught with child pornography on their personal computers receive prison time. Offenders may be prosecuted under federal or state law (or both).

State vs. Federal Child Pornography Laws

A federal child pornography crime such as manufacturing, distribution, or possession typically requires the illegal activity to cross state lines, such as on the internet or through the mail. While federal authorities often take the lead, state prosecutors can also pursue child pornography charges.

Mandatory Sex Registration

If you’ve been convicted of a child pornography-related crime, either federal or state, your sentence will likely include mandatory sex offender registration. This means that your photo, address, and other information will appear in a database for monitoring and tracking sex offenders.

It is both a federal and state crime to knowingly fail to register or update a sex offender listing as required by law. Members of the public can gain access to this information via the National Sex Offender Public Website, which includes the registry of all 50 states and the District of Columbia.