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, send, giving away, or sell sexually explicit materials involving a minor. It is should also be emphasized that participation in a file-sharing network constitutes distribution since participants in a peer-to-peer platform are capable of viewing, downloading, or otherwise obtaining child pornography stored on a participant’s drive. Knowledge that your files are being viewed, copied, or otherwise duplicated is not required but simply that you made your files accessible to others. As long as the federal authorities can prove that this has occurred, you are subject to prosecution for distribution of child pornography.