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Possession of Child Pornography - Federal Charges

Under federal law, a person commits the offense of possession of child materials involving the sexual exploitation of minors if the person:

(1) knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails, if—

    (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
    (B) such visual depiction is of such conduct; or

(2) the person either:

    (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
    (B) knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if—

      (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
      (ii) such visual depiction is of such conduct.

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