US Legal Forms
POSSESSING OR ACCESSING CHILD PORNOGRAPHY

POSSESSING OR ACCESSING CHILD PORNOGRAPHY

Category:

Federal - Jury Instructions - 6th Circuit - Criminal

State:

Multi-State

Control #:

US-JURY-6THCIR-CR-16-08

Format:

Instant download

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Description

POSSESSING OR ACCESSING CHILD PORNOGRAPHY Possessing or accessing child pornography is a serious criminal offense. It involves the possession or viewing of any material, whether visual or written, depicting minors engaging in explicit sexual activities. In most jurisdictions, possession or accessing of child pornography is illegal and punishable by imprisonment and/or substantial fines. There are two types of possessing or accessing child pornography. The first is possession, which is the knowing acquisition, possession, or control of any material depicting minors engaging in sexual activities. This includes any digital files, images, videos, or printed materials. The second is accessing, which is the viewing, downloading, or streaming of any material depicting minors engaging in sexual activities. This includes any material found on websites, peer-to-peer networks, or other digital sources. Anyone found guilty of possessing or accessing child pornography can face serious legal consequences, including large fines, the seizure of any materials used in the crime, and potential jail time.

Possessing or accessing child pornography is a serious criminal offense. It involves the possession or viewing of any material, whether visual or written, depicting minors engaging in explicit sexual activities. In most jurisdictions, possession or accessing of child pornography is illegal and punishable by imprisonment and/or substantial fines. There are two types of possessing or accessing child pornography. The first is possession, which is the knowing acquisition, possession, or control of any material depicting minors engaging in sexual activities. This includes any digital files, images, videos, or printed materials. The second is accessing, which is the viewing, downloading, or streaming of any material depicting minors engaging in sexual activities. This includes any material found on websites, peer-to-peer networks, or other digital sources. Anyone found guilty of possessing or accessing child pornography can face serious legal consequences, including large fines, the seizure of any materials used in the crime, and potential jail time.

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FAQ

The maximum penalty for a misdemeanor child ography conviction in California is one year in county jail and a fine of up to $2,000. If tried as a felony, the state prison sentence for a child ography conviction will range between 16 months and 8 years. Fines can go as high as $100,000.

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.

'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.

§ 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

A conviction for a federal child pornography offense can carry a substantial amount of prison time. A person who is convicted of knowingly possessing child pornography can be sentenced up to 10 years in prison or up to 20 years in prison if the minor depicted in the image is under the age of twelve.The average sentence for offenders convicted of trafficking in child pornography was 136 months3: ♢ 86. Federal possession of child pornography depicting a minor below the age of 12 is classified as a class C offense under federal law. Possession and distribution of child pornography is a sex crime that is punishable under both state and federal laws. Under Florida Statute 827. What is possession of child pornography? Possession of child pornography is a "wobbler offense," meaning that it may be a misdemeanor or a felony, depending upon the situation. Possessing, receiving, and trafficking child pornography are serious federal crimes that deserve punishment. Fines for a conviction of possession of child pornography range from one thousand dollars to thirty thousand dollars.

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