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by worldstarhiphop 2721 days ago
>It still rubs me the wrong way that simple possession of child pornography is illegal.

Interesting to note that it's actually not, at least in the US. It's illegal to deliver or receive it across state lines. Also, child abuse is illegal. This is why parents can take baby photos without going to jail.

https://www.justice.gov/criminal-ceos/citizens-guide-us-fede...

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.

3 comments

> using or affecting any means or facility of interstate or foreign commerce

That's a legal cliche that's basically necessary for the law to be constitutional. But what "interstate commerce" means in practice is not just products crossing state lines. An infamous Supreme Court decision ruled that growing your own wheat for personal consumption "affects interstate commerce", for example.

https://en.wikipedia.org/wiki/Wickard_v._Filburn

In Australia it goes further - any image that "appears" to be, will be covered by the laws.

An example, there's a cartoon image of Bart Simpson performing a certain act. As he's a child, that is covered by Australian laws.

That's just because the Commerce Clause (and the Foreign Commerce Clause) puts limits to federal jurisdiction, so there has to be a nexus connecting the conduct to interstate or foreign commerce. At least in theory, because the Supreme Court considers almost everything to "affect" interstate commerce (see Gonzales v. Raich). But I'd be surprised if all the states didn't have similar offenses.