Legality of child pornography in the United States
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Legality of child pornography in the United States varies, in terms of penalties, from state to state. In addition, child pornography is also illegal under Federal law. As a result, and as is common in the United States dealing with controversial issues, the exact same act may have different, usually much more serious, consequences if prosecuted under Federal law instead of state law.
Viewing of child pornography is, in the statutes of some jurisdictions, less serious than possession of child pornography, which is less serious than (non-commercial) distribution, sale, and finally production. Penalties for child pornography can be more severe than for abusing a child.
Laws
Virginia
Production
Production of child pornography is punishable by five to 30 years in prison, if the child is less than 15 years of age. As for production offenses involving older children, "Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment."[1]
Distribution
Under Virginia law, "Any person who (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography with lascivious intent or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility."
Possession
Under Virginia law, "Any person who knowingly possesses child pornography is guilty of a Class 6 felony."[2] A class 6 felony is punishable by "a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."[3]
References
- ↑ § 18.2-374.1. Production, publication, sale, financing, etc., of child pornography; presumption as to age; severability. Code of Virginia.
- ↑ § 18.2-374.1:1 Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty. Code of Virginia.
- ↑ § 18.2-10. Punishment for conviction of felony; penalty. Code of Virginia.
