Child Pornography

What is Child Pornography?
Child Pornography is the depictions of children (see the definition of ‘minor’ below) that are involved in elicit, lewd, inappropriate, illegal, unlawful, and sexual acts. Due to the age(s) of the victim(s), the notion of consent does not exist in the case of Child Pornography; this is considered to be an act of manipulation, exploitation, and the inherent corruption of a minor. Child Pornography is considered to be one of the most egregious and heinous offenses in the scope of crimes against children; those convicted of Child Pornography charges are subject to be punished to the fullest extent of the law.

The Definition of a Minor with regard to Child Pornography Allegations
In the legal spectrum, a minor is defined as a child who is below the age of legal adulthood. Although the stipulations correlating to minors vary by locational statutes, minor are allowed the same legal and human rights as adults; however, minors cannot consent to sexual activity, sign legal contracts or government documentation, and in most cases will require the presence of a guardian and/or custodian.

Criminal Law vs. Civil Law: Child Pornography Charges
Individuals arrested on charges stating alleged participation of the crime defined as Child Pornography should be made aware that in the event that an acquittal takes place within a criminal court, the case can be retried by the plaintiff in a civil court. Although civil law and criminal law with respect to Child Pornography allegations differ, the primary difference is the compensatory measures that present themselves in the event of a guilty verdict. While criminal law verdicts can impose penalties including punitive recourse and incarceration, guilty verdicts in the scope of civil law can only render financial and monetary restitution.

Child Pornography Associated Terms
The following terms are commonly associated with Child Pornography charges and allegations:
a.    Pedophilia: The act of engaging, simulating, or soliciting the activities or advances of a sexual nature with a minor
b.    Exploitation: The manipulation and taking advantage of an individual or situation for selfish – and oftentimes – illegal means
c.    Age of Consent: The legal age, which differs depending on location, in which an individual can legally agree to engage in consensual, sexual activity
d.    Statutory Rape: The engagement of sexual activity with minor, regardless of consent; as previously stated, minors are not – and should not be - legally permitted to consent to ANY sexual activity
e.    Corruption of a Minor: The placement of a minor in situations deemed inappropriate, exploitative, lewd, or elicit in nature
f.    Sexual Predator: An individual who preys upon the vulnerability, naivety, or innocence of a child for selfish, exploitative, and sexual means

Being Arrested for Child Pornography Charges
In the event that an individual is served the appropriate documentation placing them under arrest for the alleged participation in Child Pornography, they are encouraged to abide by all applicable protocol and procedure set forth by the arresting officer(s). Individuals accused of – and subsequently arrested for - Child Pornography charges are entitled the same rights expressed in the Constitution of the United States; these rights include:
•    The presumption of innocence until proven guilty; notwithstanding a guilty plea
•    The adherence with basic human rights, preventing any undue stress, torment, torture, or harm being inflicted upon any suspect in police custody
•    The provision of an attorney in the event that the Child Pornography suspect in question cannot afford a legal representation
•    The right to remain silent in order to avoid self-incrimination; this is expressed in the Fifth Amendment of the Bill of Rights
•    The right to be brought to trial and appear before a jury of one’s peers in order to determine fault and liability in a Child Pornography case

Child Pornography Legal Assistance
The procedures and legislation implicit in the process of the investigation and lawsuit with regard to a Child Pornography charge can fluctuate on an individual, case-by-case basis. Elements examined in the determination of the validity and legality of a Child Pornography charge exist in conjunction with preexisting factors, which include the biographical information of the suspect, pertinent case details with regard to the victims, and the examination of any past criminal records and/or history belonging to a suspect charged with committing Child Pornography. In the event that an individual experiences difficulties or failure to fully understand stipulations set forth in a subpoena to appear in court as a result of being charged with a Child Pornography offense, they are encouraged to consult with an attorney specializing in the field of Child Pornography, in additional to trial law, criminal law, child law, and defense.

Getting Help
In the event that an individual experiences – or is participatory in – any unlawful, unethical, lewd, or remotely sexual acts or urges with regard to a child or minor, they are encouraged to seek immediate psychological help and report themselves to the appropriate law enforcement agency; to report child pornography, please contact your local Department of Child Protective Services immediately at (800) 422-4453