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Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. 2251; 18 U.S.C. 2252; 18 U.S.C. 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
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Regardless, there are people suffering. So, whether it is an addiction or compulsion, you should still seek help. One of the most reported addictions is porn addiction, or feeling a compulsion to watch porn and not being able to stop. Like any addiction, though, there are signs that you may be having a problem. If you are wondering whether excessive pornography use has reached the level of addiction, it is important to watch out for the top 10 signs of porn addiction.
A porn addiction may cause you to develop some unrealistic ideas about sex. You might become more demanding in the bedroom, find yourself easily frustrated, and/or begin alienating your partner. When this happens, your partner can feel physically and emotionally uncomfortable.
You may begin to experience physical pain as a result of porn addiction. This can be from the repetition of certain physical movements for long periods, or from the strain that comes with excessive computer use. You might frequently complain about your wrist, neck, and back, or might experience headaches.
When addiction to both illicit substances and pornography coincide, addressing the conditions may be that much more difficult; psychosocial support, especially in the form of support groups comprised of individuals who have a shared experience, could be instrumental in drawing comfort and pleasure from a different and more sustainable source.
In surveys, virtually all men admit to having used pornography at some point in their lives, and nearly as many acknowledge using it within the last six months. Such results indicate that, whatever critics believe about the dangers or downsides of porn use, for individuals or relationships, those risks may be exaggerated.
The widespread access to and use of pornography among adolescents indicates that it is not at all unusual for a given teen to use porn. However, parents, educators, and psychologists alike have expressed concern about porn serving as de facto sexual education for many young people, because of its unrealistic depictions of sexual activity.
Many researchers doubt porn addiction is a true clinical condition. Instead, some research shows, those who believe they have an addiction to pornography may not use it more than others, but may hold cultural or religious beliefs that make them feel more guilty about it. Other research shows that seeing oneself as a porn addict may be closely correlated to depression, anxiety, and anger.
Brain monitoring of individuals who believe they have an addiction to porn does not show increased activity in regions of the brain generally activated by addiction when those people view sexually explicit images. Instead, some neuroscientists believe that what may be perceived as an addiction to porn may be a manifestation of depression or obsessive-compulsive disorder.
Research finds a correlation between porn use and the likelihood of future breakups, but the effect is not necessarily based on the use of porn itself but whether a partner disapproves of it. Psychologists urge partners to discuss potentially divisive issues like porn use before getting married to avoid potentially devastating disputes in the future.
The belief that porn use leads to erectile dysfunction (ED) is generally not accurate. Studies have found that men who reported both frequent porn use and ED were also the subjects most likely to hold the most conservative views about sex and religion; in other words, the distress they felt about their porn use likely influenced their experience of ED.
Dr. Janet Brito is a nationally certified Latinx sex therapist, supervisor, speaker, trainer, and author. Dr. Brito is the founder and owner of the Hawaii Center for Sexual and Relationship Health, a group practice that specializes in relationship and sex therapy, out of control sexual behavior, and gender and sexually diverse populations, and The Sexual Health School, an online training program for healthcare professionals seeking human sexuality training.
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