Federal Child Pornography Laws

Federal Child Pornography Laws

Welcome to the

Law Offices
of
Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Call Today! 24/7

“FROM ARREST TO TRIAL ”

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.


FEDERAL LAWS RELATING TO CHILD PORNOGRAPHY

18 U.S.C. 1466A | OBSCENE VISUAL REPRESENTATIONS OF THE SEXUAL ABUSE OF CHILDREN

It is forbidden to knowingly produce, distribute, receive, or possess with the intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

depicts a minor engaging in sexually explicit conduct and is obscene, or

depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.

Attempts or conspiracies to knowingly produce, distribute, receive, or possess with the intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

depicts a minor engaging in sexually explicit conduct and is obscene, or

depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value, are also forbidden.

It is forbidden to knowingly possess a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

depicts a minor engaging in sexually explicit conduct and is obscene, or

depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value,

if one of the…circumstances [noted below] is present

any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense;

any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer;

any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense;

any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or

the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States.

An attempt to knowingly possess such a visual depiction is also forbidden under the same circumstances.

18 U.S.C. 2251 | SEXUAL EXPLOITATION OF CHILDREN

It is forbidden for any person to employ, use, persuade, induce, entice, or coerce any minor to engage or assist any other person to engage in, or to transport any minor in interstate or foreign commerce with the intent that the minor engage in, any sexually explicit conduct if such person knows or has reason to know that such visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.

It is forbidden for any parent, legal guardian, or person having custody or control of a minor to knowingly permit such minor to engage or assist any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct if the parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.

It is forbidden for any person to knowingly make, print, or publish, or cause to be made, printed, or published, any notice or advertisement seeking or offering

to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct, or

to participate in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct,

if such person knows or has reason to know that such notice or advertisement is or will be transported in interstate or foreign commerce by any means including by computer or mail.

18 U.S.C. 2252 | MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS

It is forbidden for any person to knowingly transport or ship in interstate or foreign commerce by any means, including by computer or through the mail, any visual depiction, if

the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and

such visual depiction is of such conduct.

It is forbidden for any person to knowingly

receive or distribute any visual depiction that has been mailed, shipped, or transported in interstate or foreign commerce, or which contains materials that have been so mailed, shipped, or transported, by any means, including by computer, or

reproduce any visual depiction for distribution in interstate or foreign commerce by any means, including by computer or through the mail,

if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct.

It is forbidden to knowingly sell or possess with the intent to sell any visual depiction that has been mailed, shipped, or transported in interstate or foreign commerce, or which was produced using materials that have been so mailed, shipped, or transported, by any means, including computer, if

the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and

such visual depiction is of such conduct.

18 U.S.C. 2252A | MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY1

It is forbidden for any person to knowingly

mail, or transport or ship in interstate or foreign commerce by any means, including by computer, any child pornography;

receive or distribute any
child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer or
material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

advertise, promote, present, distribute, or solicit through the mail, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains
an obscene visual depiction of a minor engaging in sexually explicit conduct; or
a visual depiction of an actual minor engaging in sexually explicit conduct;

reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;

sell or possess with the intent to sell any child pornography;

possess any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or

distribute, offer, send, or provide to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct
that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
if such distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
for the purpose of inducing or persuading a minor to participate in any activity that is illegal.

18 U.S.C. 2256 | CHILD PORNOGRAPHY DEFINED

Child pornography is defined as any visual depiction, including any photograph, film, video, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

42 U.S.C. 13032 | REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS

Whoever, while providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of certain offenses involving child pornography is apparent, must report those facts or circumstances to the [CyberTipline] at the National Center for Missing [&] Exploited Children as soon as is reasonably possible.

FLORIDA LAWS RELATING TO CHILD PORNOGRAPHY

“Child pornography” means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

“Minor” means any person under the age of 18 years.
Florida Statute 847.001(8)

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
Florida Statute 847.001 (16)

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.


When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:


   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court


Welcome to the …….

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations
  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary
  • Child Pornography

Attorney Chandler also represents individuals charged with criminal offenses including:

  • DUI Driving under the influence
  •  BUI Boating under the influence
  •  Traffic Cases Driving with Suspended License
  •  Drug Cases prescription drugs, marijuana, cocaine
  •  Felonies and Misdemeanors
  •  Juvenile Delinquency Cases
  •  VOP’s Violations of Probation

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355


The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.

1 Comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

One response to “Federal Child Pornography Laws

  1. Susan Stoltz

    With an individual that was observed watching child pornography on his/her computer aboard a military ship and was reported to the XO, would military or federal law prevail? I have read up on Federal and military law on the basic internet. Unfortunately the information is not as thorough as law books for both sectors. He/she receive a general discharge from the military and is now confronting a judge in another state district court for this offense.

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