Child Physical/Sexual Abuse and Pornography

Although this question is outside of our website’s information, I did do some research for you on the legal definition of child pornography.

Child pornography is defined under 18 U.S.C. Chapter 110 United States law as the visual depiction of minor children under the age of 18 engaging in sex acts such as sexual intercourse, masturbation or oral sex; the definition also covers photographs or depictions of children’s genitalia.

In the United States, child pornography is prohibited under 18 U.S.C. Chapter 110, Sexual Exploitation and Other Abuse of Children. While this law defines child pornography as “depictions of a minor engaging in sexually explicit conduct,” the actual definition of what is a pornographic image is somewhat more subjective. Many court cases now use “Dost factors” (named after the U.S. v. Dost case in 1986) to determine whether an image is pornographic: these factors ask whether the focal point of the visual depiction is the child’s genital region; whether the setting of the image is sexually suggestive; whether the child is posed unnaturally or in inappropriate attire; whether the child is nude, semi-clothed or fully clothed; whether the picture indicates the child’s willingness to engage in sexual activity; and whether the image is intended to elicit a sexual response in its consumer or viewer. The U.S. Supreme Court has also stated that fully clothed images may constitute child pornography. Whether these factors are present in the picture will likely decide whether the picture constitutes child pornography.

[THIS PARAGRAPH IS IN RESPONSE TO SOMEONE WHO ASKED IF IT’S PORN TO SEND PICS OF CHILD IN SWIMSUIT - ONLY INCLUDE IF YOU HAVE SIMILAR ISSUE: I know that this language above is complicated but basically, whether a child taking pictures in a swimsuit is child pornography may depend on whether the child is performing or simulating sexual acts while in a swimsuit and if the child genitals are the focus of the picture but I can’t say for sure since I am not an expert in this law].

Here are ways to report child pornography:
- You can call or email your local FBI office which you can find here: https://www.fbi.gov/contact-us/field-offices (According to the FBI website, it might take 7-10 days for a response, FBI will see if there is enough information to open an investigation) or
- You can call the Cyber Tip Line from the National Center for Missing and Exploited Children for a child who has been sexually exploited: https://www.missingkids.org/gethelpnow/cybertipline