Child pornography is a crime that includes the act of producing the pornographic materials, the sale or trafficking of the materials and the possession of the materials. Child pornography is any visual depiction of a child engaged in sexually explicit conduct. Regardless of the age of majority in your state, the federal definition of a child is a person under the age of 18. While some may be concerned about pictures of unclothed children, not all pictures of this type are considered pornography. The child must be placed in a sexualized situation, or engaging in sexual conduct.

With the advancement of the internet and the international and seemingly anonymous nature of communication and content, child pornography has been on the increase. The Department of Justice, along with the F.B.I., the U.S. Customs Service and the Postal Inspection Service are all federal agencies working to combat child pornography.

Child pornography consists of an exploitation of a child, a form of child abuse. While most child abuse cases are handled on a state level, child pornography is frequently a federal issue. Child pornography falls under federal jurisdiction because often the pornographic images or the materials used therein were transported across state lines. This includes the electronic transmission of pornographic images across state lines. Further, mailing child pornography is also a federal offence even if it does not cross state lines. However, the prosecution of people possessing, trafficking or producing child pornography can be done through the state in addition, or instead of federal court.

Congress recently increased sentencing guidelines and mandates for child pornography crimes. Prison terms can be lengthy, and if a person who was previously convicted of a child exploitation crime, a life-sentence can be issued. For example, for the production of child pornography, the sentencing is a mandatory minimum of 15 years, with a maximum of 30. If you are convicted of buying or selling children for sexual exploitation, it is a minimum of 30 years, with a possibility of a life-sentence. Possession or distribution of child pornography has a mandatory minimum of a 5 year sentence, with a maximum of 20 years. If convicted of child pornography you will be a registered sex offender.

The federal government has worked on coordination of efforts with regard to child pornography resulting in a law enforcement focus on a national level. A United States Attorney can prosecute federal child pornography cases. Criminal defense attorneys experienced in the area of child pornography or exploitation defense are available nationwide to assist persons charged with child pornography crimes.

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