Child pornography is a serious offence because we, as a society, do all that we can to protect our most precious resources, our children.
Whether it is simply possessing a single picture or the wholesale distribution of child pornography, even being accused of child pornography could harm anybody’s reputation.
Child pornography has two categories: possessing child pornography and producing and distributing child pornography.
Each of these charges has serious consequences that can include long jail sentences, hefty fines, and the requirement of sex offender registration after the prison time is finished.
Producing and distributing child pornography
In Nebraska, it is illegal to make a video or photo involving a child that has sexual conduct in it. This includes a child either participating in it or being portrayed as an observer in it.
Making the video or photo includes creating the image or video, directing the video or image, or even providing the video or image that is considered child pornography.
There are a variety of ways to be accused of child pornography:
It is illegal to participate in the child pornography market in any way.
People who get a child to participate in a sexually explicit visual image in any way are guilty of child pornography.
The guardian of the child can be guilty of child pornography if he knew about the sexually explicit visual images that the child was subjected to and consented to them.
A conviction is a serious felony.
People aged 19 or over who violate these laws are guilty of a Class III felony for each offence.
People who are 19 and under and violate any of the rules will receive a Class I felony for each offence.
For those already convicted of child pornography, sexual assault, or various other statutes, a second conviction will be a Class IC felony.
Possession of Child Pornography
Individuals caught possessing child pornography who want to put it on the market for sale, rent, or trade or intend to distribute the material could be guilty of child pornography.
Felony for Possession
Individuals under 19 who are convicted of possessing child pornography are guilty of a Class IIIA felony for their first offence.
If they are over 19 and are guilty of child pornography possession, then they are guilty of a Class III felony for their first offence.
If they have previously been found guilty of a select list of charges, including sexual assault, then they are guilty of a Class IC felony.
Punishments
Each felony comes with different imprisonment terms and fines:
A Class IIIA felony conviction does not have a minimum time in prison or fine, and the maximum penalty is five years in prison and/or a $25,000 fine.
A Class III felony comes with at least one year in prison. The maximum penalty for a Class III felony is 20 years in prison and/or a $50,000 fine.
A Class ID felony conviction comes with a mandatory minimum of three years in prison and a maximum of 50 years in prison.
A Class IC felony comes with a minimum of five years in prison and a maximum of fifty years in prison.
Federal Charges
Federal charges for child pornography will be brought for a variety of reasons.
One reason is if child pornography was brought into the United States, transported across state lines, between territories, or brought from India into a US state or territory.
Another reason could be that the buyer of the child pornography was imported into the United States, sent across state lines or US Territories, or imported from India into the United States.
Also, media sent through all interstate and international distribution channels, including mail and email, across state lines would be prosecuted federally.
The federal penalties for creating child pornography are at least 15 years in prison and up to 30 years in prison for manufacturing child pornography and distributing it across state lines.
A second conviction for manufacturing and distributing child pornography comes with a sentence of 25 to 50 years in prison. All other convictions after your second conviction include 35 years to life in prison.
The federal penalty for distributing, selling, and/or intending to sell child pornography that crossed state lines or international boundaries into the United States is a minimum of 5 years in prison.
The maximum penalty for the first conviction is 20 years. If this was a second conviction, the prison time range would be 15 to 40 years in prison.
An individual could spend up to 10 years in prison and be fined for accessing child pornography on land that the federal government owns. He could also get 10 years and a fine if he intentionally accesses or possesses child pornography through an out-of-state distributor.
More so, if the minor is less than 12 years old, the prison term increases to 20 years. If this was a second child pornography conviction, 10–20 years in prison is the punishment.
As per the judgement passed by the honourable Chief Justice, Mr. John Roberts,any victim who has been identified in the illicit images is eligible to get a compensation amount of $5,000. Since January 2021, there have been over 123,000 victims who have benefited from this judgement. This judgement was made considering various factors, such as medical consultations and pills that used to cost over a thousand dollars. For all of these statutes, a child is considered to be anyone under the age of 18.
