Legal Definitions - child pornography (CP)

Child Pornography (CP) refers to any visual depiction of a minor that is sexually explicit or sexually suggestive. This includes photographs, films, videos, pictures, or computer-generated images, regardless of how they were made or produced.

A crucial aspect of this definition is that the depiction does not require a minor to be engaged in actual sexual activity. An image of a naked child can be considered child pornography if it is presented in a way that is sufficiently sexually suggestive. Under U.S. federal law, child pornography is not protected by the First Amendment's guarantee of free speech and is strictly criminalized. Laws prohibit not only the creation of such material but also its possession, receipt, transportation, distribution, and sale. Violations of these laws carry severe penalties.

Here are some examples to illustrate the concept of child pornography:

• Example 1: Explicit Video Recording

  Imagine a hidden video recording found on a computer, showing a 7-year-old child being coerced into a sexual act. This video would unequivocally be classified as child pornography because it is a visual depiction of a minor engaged in sexually explicit conduct.

• Example 2: Sexually Suggestive Photograph

  Consider a photograph of a 12-year-old child, completely naked, posed in a highly provocative manner that draws attention to their genitals or buttocks, even if no direct sexual activity is depicted. Despite the absence of explicit sexual acts, the suggestive posing and nudity of a minor would likely cause this image to be legally defined as child pornography due to its sexually suggestive nature.

• Example 3: Computer-Generated Image

  Suppose an individual uses advanced artificial intelligence (AI) software to create a highly realistic digital image of a child, appearing to be around 10 years old, in a sexually compromising position. Even though no real child was involved in the creation of this image, and it is entirely computer-generated, it would still be considered child pornography because it is a visual depiction of a minor engaged in sexually explicit conduct, falling under the "computer-generated image" aspect of the definition.