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MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS: POSSESSING A VISUAL DEPICTION

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US-JURY-6THCIR-CR-16-06
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MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS: POSSESSING A VISUAL DEPICTION

Material Involving the Sexual Exploitation of Minors: Possessing a Visual Depiction includes any depiction of minors that is of a sexual nature. This can include photographs, videos, drawings, paintings, and other visual depictions. This type of material is illegal in most jurisdictions and can result in criminal charges. There are two main types of Material Involving the Sexual Exploitation of Minors: Possessing a Visual Depiction: Child Pornography and Child Exploitation Material. Child Pornography is any visual depiction of minors engaged in sexually explicit conduct, and includes any form of sexual activity with a minor. Child Exploitation Material is any visual depiction of a minor in a sexually suggestive way, including nude images and sexual poses. Possessing either type of Material Involving the Sexual Exploitation of Minors: Possessing a Visual Depiction is a serious criminal offense.

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FAQ

Did you know there is a difference between viewing and possessing child in Texas? Generally speaking, possessing child ography is always illegal, whereas simply viewing it is not necessarily illegal.

Federal law prohibits the production, distribution, reception, and possession of an image of child ography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A).

Section 2252 of Title 18, United States Code sets forth four offenses. Subsection (a)(1) prohibits anyone from knowingly transporting in interstate or foreign commerce or mailing any visual depiction involving the use of a minor engaging in sexually explicit conduct.

The requirements in section 2252(a)(1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in 'sexually explicit conduct' of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a

(b)(2). Pub. L. 112?206 inserted ?any image of child ography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if? after ?but, if?.

§ 2252A is identical to 18 U.S.C § 2252, with two exceptions. First, section 2252A expands the definition of the prohibited material by using the more inclusive term "child ography" instead of the words "visual depiction of a minor engaging in sexually explicit conduct" that is utilized in § 2252.

Section 2252 of Title 18, United States Code sets forth four offenses. Subsection (a)(1) prohibits anyone from knowingly transporting in interstate or foreign commerce or mailing any visual depiction involving the use of a minor engaging in sexually explicit conduct.

More info

Section 2256 of Title 18, United States Code Title 18, United States Code Title 18 of the United States Code is the main criminal code of the federal government of the United States. Code section 2252 deals specifically with the distribution and exchange of visual materials depicting children in sexually explicit acts.§ 2252(a)(4) required the possession of at least three visual depictions before an offense had occurred. Child pornography is defined under Section 2252 of Title 18 of the federal law as any visual depiction of sexually explicit conduct involving a minor. § 2252(a)(4), subjects defendants convicted of possessing child pornography to a 10-year mandatory minimum sentence if they have "a prior conviction . . . Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. 17A if they possess material containing a visual representation of a minor engaged in sexual activity and know of the character or content of the material. Of this chapter, "child pornography" means sexually explicit visual material which utilizes or has as a subject an identifiable minor. Desires of a person who may view a visual depiction of the abuse. 2. Possesses an obscene visual depiction with intent to sell.

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MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS: POSSESSING A VISUAL DEPICTION