CHILD PORNOGRAPHY

The phrase “child pornography” is a term about the direct sexual exploitation of a child, which is done by publishing images on the internet or viewing these images. The First Amendment does not in any way safeguard these images. A common mistake about child pornography is that even if the child appears to be complacent or not in any danger, there remains the possibility of sexual abuse. If the perpetrator claims to have not known that the victim was a minor, this is not a valid defense. 

Due to the current rise in social media and other image-based applications, the taking and viewing of these images have sadly become easier and more accessible to those looking. Child pornography cases are handled with great care due to the intensity and the emotions of both the accused and the victims. All captured within the image of the child can become a victim or face charges themselves. Just as the act of engaging in sexual relations with a child is a 2nd-degree felony, simply promoting this action is a 2nd-degree felony. 

• A first-time offender found guilty of transmitting child pornography in the state or out of state faces hefty fines and a state minimum of 5 years to a maximum of 20 years in prison. 
• A first-time offender found guilty of producing any child pornography face hefty fines and a minimum of 15 years to a maximum of 30 years in prison. 

Offenders will face harsher sentences if the images are violent, the victim is sexually abused, or the perpetrator was previously found guilty of sexual exploitation. In this case, a life sentence is possible and even likely. Also, in many of these cases, the perpetrator will have to register as a sex offender.