Child pornography is regulated by both state and federal laws in the United States. These laws aim to prevent the exploitation of minors and cover various activities, including the production, distribution, possession, and receipt of explicit material involving children. Depending on the specifics of the case, individuals may face either federal or state child pornography charges.
Massachusetts Laws: Child Pornography
Massachusetts has laws that criminalize the possession, distribution, and creation of child pornography. The specific laws include the following:
- Mass. Gen. Law c. 272. s. 29C. Under this statute, it is illegal to knowingly purchase or possess child pornography (i.e., any visual material depicting a child engaging in sexual conduct). Visual material can include books, photographs, videos, slides, negatives, films, magazines, or other similar visual reproduction.
- Mass. Gen. Law c.272, s.29B. It is a crime to knowingly and intentionally possess or disseminate visual materials that show a child engaging in sexual conduct or in the nude.
- Mass. Gen. Law c.272, s.29A. It is illegal to coerce, hire, solicit, employ, entice, use, cause, encourage, permit, or procure a child to pose or be shown nude in child pornography materials.
It is important to note that sexual conduct can refer to engaging in or simulating the following acts:
- Sexual intercourse with any person or animal
- Oral sex acts
- Masturbation
- Lewd caressing, touching, and fondling involving another person and animal
- Acts of urination or excretion within a sexual context
- Acts where a person is bound, fettered, or subjected to masochistic, sadistic, or sadomasochistic abuse in a sexual context
- Being portrayed in a pose, posture, or setting that involves a lewd exhibition of the minor’s unclothed pubic area, genitals, buttocks, or breasts
Federal Laws Concerning Child Pornography Charges
The following are the federal laws that criminalize the possession, creation, and distribution of child pornography:
- 18 U.S.C. § 2251. This statute criminalizes the act of using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct. It also prohibits the transporting of any minor across state or national borders with the intent to involve them in sexually explicit activities for the purpose of creating pornography.
- 18 U.S.C. § 2251A. Under this statute, it is illegal to sell or buy children for the purpose of engaging in the production of child pornography. The statute covers transactions involving minors where the intent is to use them in sexually explicit conduct for creating visual depictions.
- 18 U.S.C. § 2252. This law targets the possession, distribution, and receipt of material that portrays the sexual exploitation of minors. It explicitly outlaws the trafficking of child pornography, whether through selling, receiving, or distributing such materials.
- 18 U.S.C. § 2252A. This section focuses on the broader scope of activities related to child pornography, including the production, distribution, and possession of such material. It aims to combat the spread of child pornography by addressing not only those who produce and distribute it but also those who possess such materials.
- 18 U.S.C. § 2260. This statute criminalizes the production of sexually explicit depictions of minors intended for importation into the United States. It addresses both the creation and the attempted importation of such material.
Factors Influencing Jurisdictional Decisions
Several factors can influence whether a child pornography case is prosecuted at the state or federal level. One of the most significant factors is the scale of the offense, including the number of images or videos involved and the extent of distribution. Cases involving large-scale distribution networks or significant interstate elements are more likely to be prosecuted at the federal level.
Also, the resources available to state and federal authorities can play a role in jurisdictional decisions. Federal agencies often have more extensive resources and specialized expertise, making them better equipped to handle complex cases.
Prosecutorial discretion and inter-agency cooperation also play a crucial role in determining jurisdiction. State and federal prosecutors may collaborate to decide the most appropriate jurisdiction for a case, considering factors such as the severity of the offense, the potential penalties, and the likelihood of securing a conviction. In some cases, both state and federal authorities may bring charges, resulting in concurrent or consecutive sentences.
Discuss Your Case with Our Team
At Brad Bailey Law, we have over 35 years of experience, and Attorney Bailey is a recognized and celebrated defense attorney. If you are facing child pornography charges, our team can help you develop a comprehensive defense strategy.
Call (617) 500-0252 to request a consultation today.