FAQ Category: Federal Child Pornography

Jonathan Marshall | |

When Does A Child Pornography Case Become Federal In Nature?

The determinative factor in terms of jurisdiction isn’t who arrested you on a child pornography charge since federal authorities intervene in any case where sexually explicit materials depicting a child are transported between states. More specifically, Federal jurisdiction is triggered whenever child pornography touches upon interstate or foreign commerce. For…

Jonathan Marshall | |

What Constitutes Distribution of Child Pornography Under Federal Law?

Distributing child pornography is sentenced more harshly than simple possession so it is important to understand how the law differentiates these activities. The Federal Criminal Code defines distribution as knowingly conveying, transporting, or shipping child pornography by means of interstate commerce. An individual commits this conduct if they mail, email,…

Jonathan Marshall | |

How Do Federal Authorities Discover Someone Creating, Possessing or Distributing Child Pornography?

Federal child pornography cases can arise in a number of ways. Typically, they will be the result of an investigation conducted by the FBI or Homeland Security. Federal agents utilize various investigative techniques to discover persons in possession or distributing child porn. In addition, private entities like Google, Dropbox, Yahoo,…

Jonathan Marshall | |

How Is “Child Pornography” Defined?

Federal law defines child pornography as any “visual depiction” involving a minor engaging in “sexually explicit conduct”. A depiction is “sexually explicit” if it includes sexual activity or vulgar or provocative displays of genitals. A nude image or video of a child is not child porn unless it is “sexually…