Child
pornography can be considered either a State or a
Federal crime. It is usually classified as a State
crime, however if the content has been distributed
across State lines then it becomes a Federal case.
This also includes downloading material from a website
that is located in a different state, which can subject
one to Federal laws.
The Child Pornography Prevention Act was passed by
Congress in 1966. As put by the First United States
Circuit Court of Appeals, it is “ to update
federal laws by enhancing the laws ability to fight
child pornograpy in this Internet era.”
The definition
of child pornography is widely broadened by the
Child Pornography Prevention Act, where it adds
continuous definition of pornography, saying it
is "any visual depiction, including any photography,
film, video, picture, or computer or computer-generated
image or picture ... of sexually explicit conduct,
where ... such visual depiction is, or appears to
be, of a minor engaging in sexually explicit conduct."
Child
pornography is also defined by the law as to include
circumstances where "such visual depiction
is advertised, promoted, presented, described or
distributed in such a manner that conveys the impression
that the material is or contains a visual depiction
of a minor engaging in sexually explicit conduct."
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