*1.1. Definition of CSAM*

U.S. federal law defines child pornography as "any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age)" (18 U.S.C. § 2256). To be considered sexually explicit, the image does not need to depict the child engaging in sexual activity; a sexually suggestive photo of a naked child may still meet the legal definition (18 U.S.C. § 2256). Possession, creation, reception, and distribution of child pornography is illegal under both federal and state law in all 50 states (US DOJ 2017). Offenders may be prosecuted under federal law, state law, or both (US DOJ 2017). Differences in federal and state sentencing of CSAM-related offences can make it challenging to understand the potential inconsistencies or differing lengths of sentences. Under federal law, statutory minimums range from five to 20 years for first-time offenders who transport child pornography interstate or for foreign commerce to life imprisonment if the offender has prior convictions for child sexual exploitation, or if the images are violent and the child was sexually abused (US DOJ 2017). Child pornography is not protected under the First Amendment of the U.S. Constitution, but instead considered illegal contraband under federal law (US DOJ 2017). While all states criminalize child pornography, the investigations and prosecutions of cases can become complicated, as not all state laws are identical. States vary as to whether first possession offenses are considered felonies or misdemeanors. However, federal jurisdiction nearly always applies when a child pornography violation occurs using the internet (US DOJ 2017).

As mainstream cultural attitudes generally regard the production of adult pornography as consensual and at least legally acceptable, it is important to differentiate child pornography. Child pornography can be further qualified as visual depictions of CSA. In this paper, child pornography is referred to as CSAM to more accurately underscore that these images and video footage depicts sexual abuse and exploitation of children.
