Order Motion to Suppress a Child Pornography Case
Nearly all child pornography convictions results in a jail sentence. The amount of jail will depend on a number of factors, including the nature of the material, the size of the collection, the duration of downloading and whether the accused distributed the child pornography.
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
There are officially two types of material considered child pornography, simulated, or digitally generated, and pornography produced with the direct involvement of the minor. With the production of child pornography other charges may be included, such as child abuse, and many other laws may come into play during the case.
Defining Child Pornography
Pictures of child pornography are not secure under First Amendment rights and are unlawful items under federal law. Though there are only two types of child pornography, those categories include several forms of material and media. Under federal law, any visual portrayals of sexually explicit behavior
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involving a minor are considered child pornography.
Visual illustrations containing child pornography are deemed illegal under federal law. These may include photographs, videos, digital downloads, images produced to depict an actual minor, undeveloped film and video and electronically stored data.
Sexual activity is not needed in the image to be considered pornography. The images may contain a nude picture of a child that is deemed sexually suggestive and be considered illegal. Child pornography under federal law is the disregard for age of consent for sexual activity in a given state. Some states consider age of consent to be younger than 18 years old, but when child pornography is concerned, any depiction of a minor under the age of 18 engaging in sexually explicit conduct is unlawful.
