Child pornography is a form of child sexual exploitation. Images of child pornography are also referred to as child sexual abuse images. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (person under the age of 18). Visual depictions include photographs, videos, digital or computer-generated images indistinguishable from an actual minor, and images created, adapted, or modified that appear to depict an actual, identifiable minor. Undeveloped film, undeveloped videotape, and electronically-stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law. The legal definition of explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. And the age of consent for sexual activity in a given state is irrelevant under federal law—any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, importation, reception (receipt), or possession of any image of child pornography. A violation of federal child pornography laws is a serious crime, and convicted offenders face fines and severe statutory penalties. For example, a first-time offender convicted of producing child pornography under 18 U.S.C. §2251 faces fines and a statutory minimum of 15 years to 30 years in prison. A first-time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. §2252 faces fines and a statutory minimum of 5 years to 20 years in prison. And convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations—defined as (1) the images are violent, sadistic, or masochistic in nature; (2) the minor was sexually abused; or (3) the offender has prior convictions for child sexual exploitation.
Federal jurisdiction (the federal government’s authority to prosecute) is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the United States Postal Service (USPS) or common carriers to transport child pornography across state or international borders. And federal jurisdiction almost always applies when the internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials—such as the computer used to download the image or the CD-ROM used to store the image—originated or previously traveled in interstate or foreign commerce.
States also have criminal laws (located in the penal or criminal code or statutes) that prohibit the possession, creation, accessing, distribution, importation, promotion, or use of child pornography. An offender may be prosecuted under state child pornography laws in addition to a federal prosecution, or instead of a federal prosecution.
Under Ohio law, child pornography is strictly prohibited and is considered a form of child sexual exploitation. Ohio Revised Code Section 2907.322 and related statutes criminalize the creation, distribution, possession, or viewing of any material or performance that shows a minor engaging in sexual activity, nudity if it implies sexual activity, or is otherwise lewd or lascivious. The state's definition of a minor aligns with federal law, considering anyone under the age of 18. Penalties for offenses related to child pornography in Ohio are severe and can include imprisonment, fines, and mandatory registration as a sex offender. Federal law also criminalizes child pornography under statutes such as 18 U.S.C. §2251 and §2252, with its jurisdiction typically invoked when the offense involves interstate or foreign commerce, which can include the use of the internet or common carriers. Offenders can face federal prosecution in addition to or instead of state prosecution, with federal penalties including lengthy prison sentences and substantial fines, especially for repeat offenders or those involved in aggravated situations.
