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What Legally Constitutes Child Pornography?

At the Brill Legal Group, we are determined to uphold and protect the rights, reputation and future of our clients. Many of our clients have faced charges involving child pornography; some appropriately, though with a very aggressive and heavy hand by the Government, and some improperly. Some have even been wrongly accused. Because these charges are so serious, and so shocking to many people, our clients who have been charged with possessing, distributing or transporting child pornography have a particular interest in having an advocate who can aggressively defend their interests and their reputations.

Being charged with child pornography is no small thing; in fact, many defendants have their lives ruined, regardless of their guilt or innocence. Therefore, it’s imperative for those who find themselves facing child pornography charges to seek out the knowledgeable legal defense team at the Brill Legal Group.

There’s no denying that child pornography is a hot button issue, with many controversies surrounding the topic. While the legal ramifications and definitions of child pornography may change, here is what currently and legally constitutes child pornography:

What Is Child Pornography?

Child pornography involves depictions and/or representations of minors (persons under the age of 18) engaging in or appearing to engage in sexually explicit conduct. For legal purposes, “sexually explicit conduct” can be defined as the following:

  • Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex
  • Bestiality
  • Masturbation
  • Sadistic or masochistic abuse
  • Lascivious exhibition of the genitals or pubic area of any person

Additionally, under the United States Code, 18 USC § 2256, “child pornography” does not even have to involve actual minors, just fictional depictions of minors. These depictions can be “a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct.” Actual images that have been manipulated by a user to appear to be computer-generated or fictional are also illegal.

Our attorneys have confronted many different issues with these definitions of child pornography. For example, what happens if the accused is unaware that the individual is a minor? What happens when the material the Government claims is pornographic is an artistic depiction that should be protected by the First Amendment? Such questions are still being debated in courts today; thus, it’s vital for all those facing child pornography charges to find a legal defense team that is well-versed in these groundbreaking legal arguments.

Aggressive and Intuitive Defense

If you’re currently facing child pornography charges or are suspected of possessing, distributing and/or transporting child pornography, contact the legal defense team at the Brill Legal Group today. Regardless of the circumstances that led to the charges, we can help defend your good name and reputation in a court of law — and the court of public opinion.

For further details regarding the Brill Legal Group, contact us or call: 888-315-9841.

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