Legal Definitions - child pornography

Definition: Child pornography is material that depicts a person under the age of 18 engaged in sexual activity. Pornography, in general, refers to material such as writings, photographs, or movies that depict sexual activity or erotic behavior in a way that is designed to arouse sexual excitement. Pornography is protected speech under the First Amendment unless it is determined to be legally obscene. However, child pornography is not protected by the First Amendment, even if it falls short of the legal standard for obscenity. Those directly involved in its distribution can be criminally punished.

• A photograph of a 15-year-old girl engaged in sexual activity with an adult.
• A video of a 12-year-old boy masturbating.
• Virtual child pornography, which includes a computer-generated image that appears to be a minor engaged in sexual activity but that in reality does not involve a person under the age of 18.

The examples illustrate that child pornography involves material that depicts minors engaged in sexual activity. It is important to note that child pornography is illegal and those involved in its distribution can face criminal charges. Virtual child pornography is also illegal, even though it does not involve a real minor.