When Does An Image Depict Sexual Exploitation Or Abuse Of A Child ?

An item is child pornography when it depicts the sexual exploitation or abuse of a child. Something falls within this definition if it is a photograph, film, video, an electronic, electromagnetic, or digital recording, an image stored or maintained in a computer program or file or a portion of a file, or any other reproduction or reconstruction which either:

  1. depicts a child engaging in a prohibited sexual act or the simulation of such an act; or
  2. portrays a child in a sexually suggestive manner.