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Defense of Federal Child Pornography Distribution Charges

The federal statute criminalized distribution of child pornography criminalizes a number of specific scenarios. The following is a list of the promotion and distribution fact scenarios as outlined by 18 U.S.C. 2252 & 18 U.S.C. 2252A. There are a number of paragraphs that are repeated except for the mental state and specific act in question. Thus, the different manner and means of committing the offense have been highlighted. Under federal law it is illegal if a person:

(1) knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—

    (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
    (B) such visual depiction is of such conduct;

(2) either—

    (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or

    (B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means, including by computer, if—

      (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
      (ii) such visual depiction is of such conduct; or

(3) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;

(4) knowingly receives or distributes

    (A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
    (B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

(5) knowingly

    (A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
    (B) advertises, promotes, presents, distributes, or solicits through the mails, 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—

      (i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or

      (ii) a visual depiction of an actual minor engaging in sexually explicit conduct;

(6) either—

    (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
    (B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

(7) knowingly distributes, offers, sends, or provides 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—

    (A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
    (B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
    (C) which 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 purposes of inducing or persuading a minor to participate in any activity that is illegal.

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