FBI Statistics show that in the last decade alone child pornography and arrests have had a 2500% increase. In 2011 the National Center for Missing and Exploited Children report over 17.3 million images and videos of children were online. Further, at any point up to 50,000 people may be trading and disbursing child pornography videos and images consistently. Child pornography is an extremely serious charge. If you face these charges, this article will explain more about them and the penalties they incur.
Child Pornography Laws
Federal Statutes and Child Pornography:
“child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(D) 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”—18 U.S.C. §2256
In sum, if you have any electronic image and/or video whatsoever of an actual or simulated child appearing in sexually explicit conduct, you possess child pornography.
Related Oklahoma Sex Crimes: Statutory rape criminal charges
State of Oklahoma Child Pornography:
“child pornography means and includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen years is engaged in any act with a person…”—21 Okl.St.Ann. 1024.1(A)
As you can see, state laws generally follow the same definition and intent as federal laws. Regardless of State or Federal jurisdiction though, penalties are very harsh. Further juries are rarely sympathetic to anyone facing these charges whether valid or not.
Related criminal law articles / Oklahoma indecent exposure crimes
Penalties for Child Pornography in Oklahoma
In Oklahoma, the state penalizes anyone possession child pornography for a maximum of 20 years in prison and/or a fine reach $25,000. However, if you possess 100 or more images, videos, etc. then you will be eligible for an aggravated possession conviction. This provides a possible life sentence and a fine of $10,000. You must further register as a sex offender on the public registry.
Federally, anyone participating in the distribution of child pornography faces imprisonment for no less than 5 years and a maximum of 40 years. However, if you have prior sexual offenses you could face a minimum sentence of 15 years.
Tulsa Sex Crimes Criminal Defense Lawyers:
If you face charges on child pornography or any other sex crime, let our attorneys help you. We understand sometimes the charges are bogus or the Oklahoma District Attorneys office is over charging. Further, there are federal affirmative defenses to child pornography charges. Talk with a Tulsa criminal lawyer and get a free consultation.