18 U.S.C. Sec. 2256(7) CUSTODY OR CONTROL — DEFINED states that the terms "custody" and "control" include the possession, receipt, or transfer of an image of child pornography. This encompasses any type of image or visual representation that depicts a minor engaged in sexually explicit conduct. The definition applies to images stored in any format, including digital, electronic, or other media. It also covers any other type of image or visual representation that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce.
18 U.S.C. Sec. 2256(7) CUSTODY OR CONTROL - DEFINED
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
Under section 2252A, it is also unlawful to knowingly distribute, offer, or send to a minor any visual depiction of a minor engaging in sexually explicit conduct, or to send a minor visual materials that appear to be a minor engaging in sexually explicit conduct, using mail or interstate commerce.
Sexual or genital area" means the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
§ 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 2256 of Title 18, United States Code, defines child ography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age).
Whether the child is fully or partially clothed, or nude. Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity. Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.