18 U.S.C. § 2251- Sexual Exploitation of Children

(Production of child pornography)

18 U.S.C. § 2251A- Selling and Buying of Children

18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors

(Possession, distribution and receipt of child pornography)

18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography

18 U.S.C. § 2256- Definitions

18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual 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.

Notably, the legal definition of sexually 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. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.