Child pornography is a topic no one likes to discuss, but it is important to address this matter because silence breeds predators.  Moreover, unless the photographs are explicit, then it is often hard to prove that the image that you are viewing of a child is pornography. Pedophiles are stimulated by children not by sexual acts. But, what do we do when a photographer engages in the production of child pornography, and what happens to them as a result?

A photographer is not above the law, and they have no rights to artistic exploration when it comes to the exploitation of a child. In fact in some states you have to be over 18 to have your picture taken without an adult present. Also, the severity of the charges, if any at all, would come down to the context of the photographs, why the photographer took the shots and how those shots came to be in the possession of a pedophile. 

While the laws vary from state to state and example of the penalties one can face if caught up in child pornography in Louisiana you can be fined up to $50,000 and have a sentence of five to 20 years even on a first offense. As well as that, you will have to register as a sex offender. 

If you are a photographer and you find yourself charged with suspected production of child pornography, then you will face the same investigations and outcomes as any pedophile who is in possession of or distributes child pornography. Moreover, if you are caught distributing child pornography, the charges will be more severe than they would at a state level because in distribution you are crossing unintentional borders such as state or international borders depending upon who you shared the images with. Interpol is responsible for investigating the international distribution of child pornography and they team up with federal and local law enforcement when they initiate sting operations on distributors.

If law enforcement has a difficult time proving that the images the photographer took constitute child pornography, then if it is a federal offence, they may bring charges under section 2251 of Title 18 of the United States code which makes it illegal to encourage pressure or influence a minor to participate in sexually explicit behavior for the purposes of producing pornographic material. Moreover, it is not uncommon for an offender to be judged under both state and federal laws.

The government is cracking down on child pornography, as such, if you find yourself caught up in this issue, then you may find that the federal, state or local law enforcement will stack on as many charges as possible to make sure that you see the inside of a courtroom. Many people in the art world such as photographers hide behind artistic license when producing such imagery as child pornography, however there is absolutely no artistic license in such situations. 

 It is important to note that you can be falsely accused of child pornography because there is nothing illegal about taking photographs of people in public, including children. Again the police have to prove that the photographs you’ve taken constitute child pornography. What seems like an innocent photograph could be construed is child pornography because pedophiles are stimulated by children and not by children in pictures of a sexual nature. It comes down to an issue of intent. So, if you are a photography student, don’t be afraid to take pictures, but if in doubt, as kthe person, or parents’ permission first. Many parents love to show their kids off, but they don’t want them exploited. 

Some photographers may plead ignorance or innocence in the production of child pornography however ignorance is not a defense under the law. If you find yourself in a situation where you have been accused of producing child pornography, then Douglas Healy can help you with your case. Doug has 19 years of experience working as an attorney, and has experience as a criminal defense attorney for a great deal of  those years. With Douglas Healy by your side, you can be assured that your constitutional rights will be protected, and that you will get a fair trial no matter the outcome