Please criminal law experts only. What is required to actually?

Question

prove a violation of child pornography law?

More specific ... how do they go about proving that a givien image is one of a person under the age of 18? I had heard that it was very difficult even in seemingly obvious cases.

Answer 1

Yes, it is difficult to prove in some cases where the person is close to the legal age limit.

It's not child pornography if the person is actually an adult, but only looks like a teen -- because that's not what the law was intended to protect.

So, if it's just images, and no actual people involved locally, then it's a matter of finding the source of the images, and verifying the age of the person at the time they were taken.

Answer 2

Most jurisdictions now threat child pornography like speeding or stautory rape--no proof of any mental state is required to be convicted. You may have heard the term "strict liability". If you're caught with material that violates the law, there's no further elements to consider--they got you.

Other jurisdictions define a violation as possessing an image of a minor for purient interests--i.e, bad motives. Even in these jurisdiction, however, you likely to be convicted unless it's a photo of your own child. In other words, they'll assume you had bad motives if you have a nude picture of someone else's child.

To answer your question directly--most only have to prove possession.

Answer 3

As a Criminal Defense Attorney, what I can say is that it varies by state. In the Commonwealth of Massachusetts one must have in their possession pictures, videos, or anything that constitutes child pornography. The law defines that "in possession" means at home, car, work, or any other place that you may possess child pornography. Really it varies by state. In California, Texas, Oklahoma, North and South Carolina, one may prove a violation of child pornography by having witnesses testify. If this doesnt answer you're question please write back.

Answer 4

It depends on the individual statute. For child pornography, USUALLY only two things are required: a Voluntary Act, and a Culpable Mental State of Knowing.
I suggest you look up the individual statute that you want. Sometimes criminal statutes require Circumstances and/or a Result. If a Result is required, then the Voluntary Act MUST Cause the Result.

Answer 5

In what context? Get specific.

I do know that you need THREE specific items (hard drive pix...mags, etc) to make a charge stick because many people can have one item...or even two without meaning to (or even knowing)

For instance, if you have the original Penthouse magazine with the nude pix of Vanessa Williams in it from the 80s you are technically in possession of child porn because the centerfold (Traci Lords) was 16 at the time.

Their need to be multiple examples to prove intent.

Answer 6

exact time and date pictures were taken and age of person in picture as of said date and time. Picture itself dictates what law is violated

Answer 7

You in possession of child pornography in physical or digital form.