Child pornography is illegal, and there is very little leniency in the law. With the ease with which individuals are able to obtain child pornography via the Internet, state, local and federal law enforcement officials have increasingly been looking to crack down on potential violators. The Supreme Court of the United States has again and again reaffirmed laws prohibiting creating and disseminating child pornography.
However, there are various sides to this issue and the prosecution of these laws can often net unintended victims. For example, those in the many artistic communities across the nation see what they are creating as quite different from child pornography. However, these individuals have often been arrested, charged and convicted under laws prohibiting child pornography. Also, people often considered religious zealots have attempted to use child pornography laws to interfere with the adult film business, which has time and again been considered legal.
The laws governing child pornography often change though; in 2002 the Supreme Court struck down a 1996 law because it interfered with legitimate educational and scientific studies. However, the most recent developments have led to tougher laws and stiffer penalties for child pornography. This has also led to sex offense databases across the nation containing the information of anyone who has violated child pornography laws. Being put on this list is a permanent punishment.
One of the ways the law enforcement or government agency prosecuting child pornography laws can error is in how they collect information. For example, while Internet providers have agreed to block child pornography, and they often give their information to the agencies investigating child pornography crimes, there are still constitutional guidelines the agencies must follow in collecting evidence.
For more information on the defense of child pornography charges, please contact the attorneys at Kestenbaum, Eisner & Gorin, LLP.
Tagged as: california criminal laws, child pornography pc 311_11, internet crimes defense, sex crime accusations
Comments:Victoria Young on June 14, 2008 at 6:02 p.m. wrote:
With the increasing popularity and scope of the Internet, it will be difficult to monitor and track child pornography. It is important for the government to work closely with Internet providers to monitor the growth of these sites. Because child pornography legally qualifies as obscene, it will not be a violation of First Amendment rights to block these sites.
Sing Wong (Star) on June 13, 2008 at 4:11 p.m. wrote:
I was impressed when I entered the word 'child pornography' in the google search engine, expecting there would be a list of pornography websites found, there were only websites defining what child pornography is, and stating that it is illegal.
Sing Wong (Star) on June 13, 2008 at 4:07 p.m. wrote:
In any perspective, child pornography is immoral. How could people put the children in a situation that they are being abused and framed as a sexual target? When the images and videos were created, it implied that there were children becoming a victim already. When people access to these images and videos, they directly encourage this kind of crime. I am glad that there is law prohibiting child pornography from being a common practice, otherwise children would be in danger. I think child pornography law should be tightened, and rise its maximum charge in order to frighten people from creating or accessing it. Finally, with the internet provider agreeing to block child pornography, it limits those pictures and videos widely distributing. I was impressed when I entered child pornography in the google search engine, expecting there would be a list of pornography found, there were only websites defining what child pornography is, and stating that it is illegal.
Tatiana Vardanyan on June 13, 2008 at 12:31 a.m. wrote:
I concur with Luiza! It would be interesting to see the legal criteria for which legal pornography constitutes 'child pornography'. From my understanding, after taking a quarter of Sex&Law, a piece of work borders illegal when the material is viewed as 'obscene' not meeting any educational or valuable merit. However, 'indecent' material is considered legal. There is clearly much discretion between indecent and obscene, hence more discretion for the Judge. Child pornography is different in that it is always unlawful and many productions are now casting 18+ women who appear to be underage and are fragmented to look 'childlike' to tailor to the child porn fanatics.
Luiza Melikyan on June 12, 2008 at 3 p.m. wrote:
Child pornograhpy is one of the most disturbing crimes. Any individual that can commit such a repulsive act should be punished severely. Children placed in such compromising positions and exposed nude should be taken into child custody and kept away from the psychopath who placed them in that position. Punishment for child pornography should be so austere that the individual will have to think twice about commiting such a crime. As for the child pornographer who claims that his work is a piece of art, I must say that individuals that feed into that type of garbage are guilty of helping him commit a crime.
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