What Is Considered Child Pornography?

by | May 2, 2022

What Is Child Pornography?


Child pornography refers to any visual depiction of sexually explicit conduct involving minors or children under the age of 18. This includes images, videos, and other forms of media that depict sexual activities with a child.

In Georgia, the legal definition of child pornography is the “production, distribution, possession, receipt or viewing” of any image or video that contains depictions of minors in sexually explicit conduct (OCGA § 16-12-100). It is important to note that even possessing or viewing such material is considered a criminal offense under Georgia law.

Read on to learn more about the legal consequences of child pornography and how you can protect your children online.


Understanding the Complexity of Child Pornography Charges


Most people imagine someone being charged with offenses related to child pornography as some deviant, using high-tech equipment to download illegal files from the dark web.

While this may be true to some extent, many more potential situations can lead to someone facing similar charges. 

Online file sharing is only the beginning, and in those cases, both the sender and the receiver are committing serious felony crimes.

There are also those who are accused of keeping physical copies of materials and those who are alleged to have produced or distributed the material.

Individuals accused of sexual exploitation of children are also commonly charged with other child pornography offenses.

In an age where children are becoming sexually active sooner and sooner, there are also issues where the offenses take place entirely online, like in chat rooms.

Another very common way that individuals get charged with child pornography offenses is when Georgia teens engage in sexting, where the potentially felonious content is sent and received directly on smartphones.

The laws for charging minors with child pornography offenses are different than the laws that apply to adults. However, they can still result in permanent criminal records and other life-changing consequences.


Consequences of Child Pornography Offenses


Under Georgia law, there are severe penalties for crimes related to child pornography. Here are some specific consequences:

  1. Criminal Penalties:
  2. Possession of Child Pornography: The sentence can range from 5 to 25 years or more.
    • Sexual Exploitation of a Minor: This charge, which includes the production of child pornography, carries a sentence ranging from 5 to 20 years or more.
  3. Registration as a Sex Offender:
    Convicted individuals must register as sex offenders, which imposes significant restrictions on where they can live and work, mandates participation in treatment programs, and subjects them to ongoing monitoring.
  4. Permanent Criminal Record:
    A conviction results in a permanent criminal record, which can severely impact future employment opportunities, housing, education, and other civil rights. It can also lead to immigration consequences for non-citizens.


Protecting Children from Exposure to Child Pornography


The proliferation of technology and the internet has made it easier for children to access and be exposed to child pornography. As parents or guardians, there are steps we can take to protect our children:

  • Monitor online activity: It is essential to supervise your child’s internet usage, especially when it comes to social media and messaging apps.
  • Educate your child: Teach your child about the dangers of sharing personal information online and how to identify predatory behavior.
  • Use parental controls: Many devices and platforms offer parental control features that can limit the type of content children can access.


Seeking Legal Help


If you or a loved one is facing charges related to child pornography, it is crucial to seek legal help immediately. A skilled criminal defense attorney can assess your case and determine the best course of action to protect your rights and fight for a favorable outcome.

At Frye Law Group, LLC, our team has extensive experience representing individuals facing charges related to child pornography. We understand the complexity of child pornography cases and are committed to providing you with aggressive and effective legal representation.

Contact us today to schedule a consultation and discuss your case with our knowledgeable attorneys. Together, we can work towards protecting your future and fighting for justice.