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Child Pornography Receiving...

Child Pornography Receiving, Possessing, Distributing (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person)

Category:

Federal - Jury Instructions - 11th Circuit - Criminal

State:

Multi-State

Control #:

US-JURY-11THCIR-O83-4B-CR

Format:

Instant download

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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Child Pornography Receiving, Possessing, Distributing (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person) refers to the illegal practice of receiving, possessing, and/or distributing computer or digital images of minors that appear to be of an actual person, but are in fact computer-generated or may not be of an actual person. This form of child pornography is often used to create an illusion of a minor engaging in sexual activity or being in a sexually explicit situation. It is a crime to receive, possess, or distribute any visual depiction of a minor that appears to be real but is in fact a computer-generated image. Different types of Child Pornography Receiving, Possessing, Distributing (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person) include computer-generated images, digital images, and simulated images. Computer-generated images are created using computer technology and software, while digital images are images captured by digital devices such as smartphones or cameras. Simulated images are images that are created to look like a computer-generated or digital image but are not computer-generated or digital.

Child Pornography Receiving, Possessing, Distributing (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person) refers to the illegal practice of receiving, possessing, and/or distributing computer or digital images of minors that appear to be of an actual person, but are in fact computer-generated or may not be of an actual person. This form of child pornography is often used to create an illusion of a minor engaging in sexual activity or being in a sexually explicit situation. It is a crime to receive, possess, or distribute any visual depiction of a minor that appears to be real but is in fact a computer-generated image. Different types of Child Pornography Receiving, Possessing, Distributing (Computer or Digital Image that Appears Indistinguishable from Actual Minor but may not be of an Actual Person) include computer-generated images, digital images, and simulated images. Computer-generated images are created using computer technology and software, while digital images are images captured by digital devices such as smartphones or cameras. Simulated images are images that are created to look like a computer-generated or digital image but are not computer-generated or digital.

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FAQ

'Possession' is defined as the physical or digital possession of an indecent image which is prohibited by law. 'Making' or 'viewing' of indecent images refers to the viewing of an image which in turn results in the image being downloaded to the device.

Did you know there is a difference between viewing and possessing child in Texas? Generally speaking, possessing child ography is always illegal, whereas simply viewing it is not necessarily illegal.

A child can be charged if they ?knowingly distribute, offer, send or provide to a minor any visual depiction, including any photograph, film, video, picture or computer-generated image? showing ?a minor engaging in sexually explicit conduct.?

Any violation of federal child ography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child ography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison.

§ 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.

More info

It's only considered child pornography if the person in the images or videos is indistinguishable from an actual child. Knowingly possessing and intentionally retaining a certain representation showing a computer–generated image that is indistinguishable from an actual and.§ 2252(a)(4)) makes it a crime to possess child pornography when a person knowingly possesses images or videos of a minor engaging in sexually explicit conduct. Electronically stored data that can be converted into a visual image of child pornography is also deemed illegal visual depictions under federal law. Defendant Jack Furman Dean, Jr., pleaded guilty to producing obscene material and possession of child pornography. Second, virtual child pornography is not 'inherently related' to the actual sexual conduct of minors. The Subcommittee has asked whether child molesters use child pornography to seduce children. That might or might not have been produced with an actual minor. This can be pictures, videos, or computer generated content. Virtual child pornography to only those computer-generated images that an ordinary person would conclude depicted an actual minor en-.

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