Child pornography

The term child pornography (sometimes referred to as kiddie porn) generally refers to pornography featuring a child; however, the precise definition of "pornography" and "child" varies by region and country. It is widely prohibited by law, and faces the disapproval of most members of society.

Definitions

The definition of "child pornography" differs in various countries. Most prohibit depictions of sexual activities involving children of a specified age. Some go further and prohibit all depictions of nudity of minors, regardless of whether the minor is depicted in an erotic pose or engaging in a sex act. In other countries, naturist magazines with depictions of nude underage persons do not fall under the definition of child pornography, and are easily available. Some countries also prohibit written works that explicitly describe sexual activities of minors. Simulated child pornography such as paintings, drawings, or computer-generated images, has recently been included in some countries' definition of child porn. (See "Simulated child pornography" below.) The actual age in which a person may legally participate in pornography varies from country to country, with some countries setting different age requirements for hardcore vs. softcore pornography. In most countries materials dealing with underage sex are usually exempt from prosecution when they are judged to have artistic merit. Some prominent examples of this principle are Romeo and Juliet (the play and films), and Lolita (the novel and films). Subsequently, "lolita" has become a common codeword for child pornography, legal or not.

Related Topics:
Sexual activities - Nudity - Minor - Naturist - Nude - Hardcore - Softcore pornography - Romeo and Juliet - Lolita

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United States

In the United States, child pornography is prohibited under both federal and state laws with some state laws including more or less restrictive definitions compared with federal law. Under federal law, child pornography is defined as visual depiction of minors (i.e. under 18) engaged in a sex act such as intercourse, oral sex, or masturbation as well as the lascivious depictions of the genitals. Various federal courts in the 1980s and 1990s have concluded that "lewd" or "lascivious" depiction of the genitals does not require the genitals to be uncovered. Thus, for example, a video of underage teenage girls dancing erotically, with multiple close-up shots of their covered genitals, can be considered child porn. United States vs. Knox.

Related Topics:
United States - Federal - State - Intercourse - Oral sex - Masturbation

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Questions arose during the 1990s as to whether depictions of mere nudity of minors - such as those found in some nudist magazines and videos - were legal under federal child porn laws. A court case in 1999 determined that mere nudity involving minors does not come under the federal definition of child porn, nor does it necessarily qualify as obscene, as the Supreme Court had ruled previously that mere nudity in and of itself does not constitute obscenity. This ruling does not specifically address state laws, which may differ. For example, broader definitions in some states have created controversy when parents were arrested for taking photographs in which their small children were depicted nude during usual daily activities, such as bathing.

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United Kingdom

Under United Kingdom law, a "child pornography" image is an "indecent photograph of a child"; there is no specific requirement of sexual content, as nudity is sufficient for an image to be indecent. Similarly, "bikini" shots might be considered indecent. With a 2003 Act, the word pornography is used for the first time, defined to mean that "indecent images are recorded". Indecent photographs are defined in the Protection of Children Act 1978.

Related Topics:
United Kingdom - Indecent photograph of a child - Bikini - Protection of Children Act 1978

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Germany

In Germany the definition for child pornography does not differ from that of conventional pornography. Sound and text can also be considered pornography.

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Canada

In Canada, material that shows someone who is or is "depicted as being" under 18, and is engaged or "depicted as engaged" in explicit sexual activity, is classified as "child pornography". Photographs of the genitals or anal region of someone under 18, "for a sexual purpose", are included. A written text that advocates or counsels sex with a child is also included, although parts of that law have been successfully contested in court. The Supreme Court has ruled that exceptions can be made for material judged to have "artistic merit, however small it might be", but recent bill proposes to change it, requiring the work to have more than just a description of sexual activity, to crack down "artistic merit" defence of authors of pornographic stories and to allow publishing artistic works like Lolita and medical material. The only extemption goes to the material created by author legally with the sole purpose of personal use; as long as no kids are involved it's completely unregulated.

Related Topics:
Canada - Supreme Court - Artistic merit - Lolita

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