Alabama: Code of Alabama § 13A‐12‐192 Possession and Possession With Intent to DisseminateObscene Matter Containing Visual Depiction of Persons Under 17 Years of Age Involved inObscene Acts.

‐Enhancement by quantity; no enhancements for age or violence‐

Possession of CSAM is a Class C felony, subject to a prison sentence of between 1 and 10 years. Possessing 3 or more images is prima facie evidence of possession with intent to disseminate. Having the intent to disseminate is a Class B felony, subject to up to 10 years in prison and up to $100,000 in fines. When being charged for possession, each image can be charged separately.

Alaska: Alaska Statutes § 11.61.125 Distribution of Child Pornography; § 11.61.127 Possession of Child Pornography.

‐Enhancements for quantity; no enhancements for age or violence‐

Possession of CSAM is a Class C felony, subject to a prison sentence of up to five years and a fine of up to $50,000. Possessing 100 images or more is prima facie evidence of intent to distribute; distribution is a Class B felony, subject to up to 10 years in prison and up to $100,000 in fines. When being charged for possession, each image can be charged separately.

Arizona: Arizona Revised Statues § 13‐3553 Sexual Exploitation of a Minor; Evidence; Classification

‐Enhancements for age; no enhancements for quantity or violence‐

Possessing CSAM is a Class 2 felony, subject to no less than 3 to 12½ years in prison or a fine of up to $150,000. If the minor depicted is under 15, the crime is punishable pursuant to §13‐705 (about 10 to 24 years imprisonment).

Arkansas: Arkansas Code § 5‐27‐304 Pandering or Possessing Visual or Print Medium DepictingSexually Explicit Conduct Involving a Child

‐No enhancements for quantity, age, or violence‐ Possessing CSAM is a Class C felony, punishable by 3 to 10 years in prison and a fine of up to $10,000. Repeat offenses are Class B felonies, subject to 5 to 20 years in prison and fines of up to $15,000.

California: California Penal Code § 311.11 Possession or Control of Matter Depicting Minor Engaging in or Simulating Sexual Conduct; Punishment; Previous Conviction

‐Enhancements for quantity and violence; no enhancements for age‐

The California statute enhances the penalty for possession of child pornography from 1 year or a $2500 fine to possible imprisonment of 16 months, or 2 or 5 years in a state facility for possession of child sexual abuse material (CSAM), or child pornography, in circumstances in which:

1.     The materials possessed constitute “600 or more images that violate [the general possession prohibition] and the matter contains 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age”

2.     The materials possessed portrays sexual sadism or sexual masochism involving a person under 18 years of age.

Colorado: Colorado Statute § 18‐6‐403 Sexual Exploitation of a Child and § 18‐1.3‐401 Felonies Classified‐Presumptive Penalties

‐Enhancements for violence and age; no enhancements for quantity‐

The Colorado statute enhances the penalty for commission of sexual exploitation of a child, including possession of child pornography in circumstances in which the material depicts:

1.     “a child under 12 years of age”

2.     A child is “subjected to actual application of physical force or violence”

3.     A child is “subjected to sexual intercourse, sexual intrusion, or sadomasochism.” Colorado statute gives a sentencing range depending on the class of crime committed. Sexual exploitation is typically a Class 3 felony, requiring a 4 to 12 year range of imprisonment, with parole after 3 years. The sentencing enhancement in situations discussed above increases the maximum sentence in the presumptive range by 4 years.

Connecticut: Connecticut Code § 53a‐196d; § 53a‐196e; § 53a‐196f Possessing Child Pornography in the First, Second, and Third Degree (Respectively)

‐Enhancements for quantity, violence, and number of children; no enhancements for age‐ Connecticut’s Possession of CSAM charge is divided into three degrees:

1.     First degree (196d) is a Class B felony, subject to a prison sentence of 1 to 40 years and a fine of up to $15,000. A person is guilty of first‐degree Possession if they:

a.      Knowingly possess fifty or more CSAM images;

b.     One or more image shows the infliction (or threatened infliction) of serious physical injury; or

c.      Possesses a CSAM video of more than two frames that features more than one child, more than one sexual act, or a collection of videos depicting a child engaged in a sexual act.

See Appendix C.

2.     Second degree (196e) is a Class C felony, subject to one to ten years in prison and a fine of up to $10,000. A person is guilty of second‐degree Possession if they:

a.      Knowingly possess 20 or more CSAM images, up to fifty; or

b.     Knowingly possess a CSAM video of 20 or more frames.

3.     Third degree (196f) is a Class D felony, subject to a prison sentence between one and five years and a fine of up to $5,000. A person is guilty of third‐degree Possession if they:

a.      Knowingly possess fewer than 20 CSAM images; or

b.     Knowingly possess a CSAM video of fewer than 20 frames.

Delaware: Delaware Code Title 11 § 1111 Possession of Child Pornography

‐No enhancements for quantity, violence, or age‐

Possessing child pornography is a Class F felony, which is subject to up to three years in prison and a fine of up to $500,000.

In the District of Columbia, the possession of Child Sexual Abuse Material (CSAM)—often referred to in statutes as child pornography or child sexual exploitation material—is a serious felony offense primarily governed by D.C. Code § 22-3102 and related sections in the § 22-3101 et seq. framework.

Key DC Statutes for Possession of CSAM

• D.C. Code § 22–3102 (Prohibited Acts): This statute makes it unlawful for any person, knowing the character and content, to possess, attend, or transmit a sexual performance by a minor (under 18).

• Definition of Possession: Under D.C. law, "possession" includes accessing the material if received or available electronically, and covers still images, motion pictures, or digital/computer-generated representations.

• Scope: The law applies to both saving material on a device and merely streaming it, treating the consumption of the material as a severe crime.

Penalties for Possession

Possession of child sexual abuse material is classified as a felony in the District of Columbia.

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• First Offense: Up to 10 years in prison, a fine of up to $5,000, or both.

• Second/Subsequent Offenses: Up to 20 years in prison, a fine of up to $15,000, or both.

Florida: Florida Statues § 827.071 Sexual Performance by a Child; Child Pornography; Penalties

‐Enhancement by quantity; no enhancements for age or violence‐

Possession of CSAM is a third‐degree felony, subject to a prison sentence of up to 5 years and up to $5,000 in fines. Possessing 3 or more images is prima facie evidence of possession with intent to promote—a second‐degree felony, subject to between 1 and 10 years in prison and up to $10,000 in fines. The possession, control, and intentional viewing of CSAM can be charged as separate offenses, as well as any CSAM that features more than one child (one offense per child).

Georgia: Georgia Code § 16‐12‐100 Sexual Exploitation of Children; Reporting Violation; Civil Forfeiture; Penalties

‐Enhancement for quantity; no enhancements for age or violence‐

Possessing or controlling CSAM (as well as creating it) is charged as a felony, subject to between 5 and 20 years in prison and a fine of up to $100,000. Fines are not applicable if the abuser was a member of the immediate family. Further sentence guidelines are imposed pursuant to GA Code 17‐10‐6.2, which outlines the probation guidelines for sex offenders. During charging, each piece of CSAM constitutes a separate offense.

Hawaii: Hawaii Revised Statues § 707‐750; § 707‐751; § 707‐752 Promoting Child Abuse in the First, Second, and Third Degree (Respectively)

− Enhancement for quantity of images, age, violence, and bestiality‐ Hawaii’s CSAM charges is divided into three degrees:

1.           First degree Promotion of Child Abuse (750) is a Class A felony, subject to a prison sentence of 1 to 20 years (sometimes life) and a fine of up to $50,000. A person is guilty of first‐degree abuse if they:

a.      Produce in the preparation of pornographic material that contains a minor engaging in sexual conduct; or

b.     Participate in a pornographic performance that contains a minor engaging in sexual conduct.

See Appendix D.

2.           Second degree Promotion of Child Abuse (751) is a Class B felony, subject to a prison sentence of up to 10 years and a fine of up to $25,000. A person is guilty of second‐ degree abuse if they:

a.      Disseminate CSAM images;

b.     Reproduce CSAM images with the intent to disseminate; or

c.      Possess 30 or more CSAM images with at least one image containing one of the following:

i.     A minor younger than the age of twelve;

ii.     Sadomasochistic abuse of a minor; or

iii.     Bestiality involving a minor.

3.           Third degree Promotion of Child Abuse (752) is a Class C felony, subject to a prison sentence of up to 5 years and a fine of up to $10,000. A person is guilty of third‐degree abuse if they possess CSAM.

Idaho: Idaho Code § 18‐1507 Definitions—Sexual Exploitation of a Child—Penalties

‐No enhancements for image quantity, violence, or age‐ A person commits sexual exploitation of a minor if they:

1.     Possess or access CSAM;

2.     Causes or permits a child to engage in (or be used for) any sexual conduct for the purpose of making CSAM;

3.     Promotes, finances, or publishes CSAM; or

4.     Distributes CSAM.

Possessing CSAM (#1) is considered a lower‐grade violation and sentenced as a felony, subject to up to 10 years in prison and a fine up to $10,000.

Illinois: 720 ILCS 5/11‐20.1 Child Pornography

‐Enhancements for quantity, film, and age and violence in production‐

Possession of CSAM is a Class 3 felony, subject to 2 to 5 years in prison, 1 year of supervised release, and a fine of between $1,000 and $100,000.

a)     If a CSAM video is possessed, the offense gets upgraded to a Class 2 felony, subject to 3 to 7 years in prison, up to 2 years of supervised release, and a fine of between

$1,000 and $100,000.

Disseminating or having the intent to disseminate CSAM is a Class 1 felony that also incurs a fine of between $1,000 and $100,000.

a) If a CSAM video is disseminated, then the offense gets upgraded to a Class X felony, keeping the same fine of $1,000 to $100,000.

Producing or creating CSAM is an offense of further varying severity.

1.     If the CSAM is only a photograph, the offense is a Class 1 felony also subject to a fine of between $2,000 and $100,000.

a.      If the CSAM image was computer generated, the fine range is between $1,500 and $100,000.

2.     If a CSAM video was created, the offense gets upgraded to a Class X felony, with a fine of between $2,000 and $100,000.

a.      If this video was computer generated, the fine range is between $1,500 and

$100,000.

If the CSAM in question depicts a child under the age of 13:

1.     Producing or dissemination will upgrade the sentence to a Class X felony, subject to a fine of between $1,000 and $100,000.

a.      If this is a repeat offense (of any sex crime) then the minimum sentence is 9 years, with a mandatory minimum fine of $2,000.

2.     Possessing CSAM of a child under 13, if previously convicted of another sex crime, will upgrade the sentence to a Class 1 felony with a fine of between $1,000 and $100,000.

Each individual piece of CSAM is an individual charge, but extra copies are not counted. Instead, multiple copies of CSAM may be used as evidence that an offender had an intent to distribute. Producing or disseminating CSAM with any sort of sadistic abuse is considered a crime of violence. Victims and their families are thus entitled to expanded rights under the Illinois Crime Victims’ Bill of Rights (consideration in fixing bail, sentencing updates, etc.).

In Illinois, a Class X felony is subject to 6 to 30 years in prison (no probation), 3 years supervised release, and a varying fine. A Class 1 felony is subject to 4 to 15 years in prison, a mandatory 2‐ year supervised release, and a varying fine.

Indiana: Indiana Code § 35‐42‐4‐4 Child Exploitation; Possession of Child Pornography; Exemptions; Defenses

‐Enhancements by age, violence, and all‐around depravity; no enhancements for quantity‐ Distributing or producing CSAM is a Level 5 felony, subject to 1 to 6 years in prison, and a fine of up to $10,000. However, the offense is upgraded to a Level 4 felony—subject to 2 to 12 years in prison and a fine of up to $10,000—if:

1.     The CSAM depicts bestiality;

2.     depicts a minor who is mentally disabled;

3.     depicts a minor being forced (or threatened with force);

4.     depicts a minor physically or verbally resisting;

5.     the minor receives bodily injury; or

6.     the minor is less than 12 years of age.

Simple possession of CSAM is a Level 6 felony, subject to a prison sentence between 6 months and 2½ years, and a fine of up to $10,000. Like when distributing or producing CSAM, these charges are upgraded to a Level 5 felony if CSAM is found containing any of the content above (1‐6).

Iowa: Iowa Code § 728.12 Sexual Exploitation of a Minor

− Enhancements for quantity; no enhancements for age or violence ‐

Possessing CSAM is an aggravated misdemeanor, subject to up to 2 years in jail and a fine between $625 and $6,250. Subsequent offenses are treated as Class D felonies, subject to up to 5 years in prison and a fine between $750 and $7,500. Offenses will be charged separately for each different minor in the visual depictions.

Multiple minors depicted in a piece of CSAM are to be filed as multiple charges; multiple pictures of the same (one) minor would be filed as one charge.

Kansas: Kansas Statutes § 21‐5510 Sexual Exploitation of a Child

‐No enhancements for quantity, age, or violence‐

Possessing CSAM is a “severity level 5, person felony,” subject to between about 2.8 to 11.3 years (31 and 136 months) in prison, and a fine of up to $300,000. Like most states, additional charges exist for promotion or production.

Kentucky: Kentucky Revised Statutes § 531.335 Possession or Viewing of Matter Portraying Sexual Performance by a Minor

‐Enhancement for age; no enhancements for quantity or violence‐

Possessing CSAM where the offender knew the minor was under 18 is a Class D felony, subject to 1 to 5 years in prison, and a fine between $1,000 and $10,000. If the offender knew the minor was under 12, then the offense is upgraded to a Class C felony, subject to 5 to 10 years in prison, and a fine between $1,000 and $10,000. Kentucky Statute § 531.330 explains that age may be presumed, but also that the defendant believing in good faith that the person is over 18 can qualify as a defense.

Louisiana: Louisiana Laws Revised Statutes § 14:81.1 Pornography Involving Juveniles

‐Enhancements for quantity and age; no enhancements for violence‐

Possession of CSAM is a crime that carries a sentence of 5 to 20 years of hard labor without parole, as well as a fine of up to $50,000. Distribution of CSAM carries the same sentence. The “intent to distribute” can be proven through:

1.     Possessing three or more copies of a piece of CSAM; or

2.     Possessing three or more pieces of CSAM, and any type of file sharing technology.

If a child is under 13, possessing or distributing CSAM carries a sentence of 10 to 40 years of hard labor with no parole. Producing or promoting CSAM of a child under 13 carries a sentence of 25 to 99 years of hard labor—at least 25 of which must be served without parole. Repeat offenders face higher sentences.

Maine: 17A Maine Revised Statutes § 284 Possession of Sexually Explicit Material

‐Enhancements for age; no enhancements for quantity or violence‐

Possession of CSAM in which the depicted minor has not reached the age of 16—and the offender has reason to know that they are under 16—is charged as a Class D crime. This is subject to up to a year in prison and a fine of up to $2,000. If the depicted minor is younger than 12 (and the offender has reason to know this is the case) then the offense is charged as a Class C crime, subject to up to 5 years in prison and a fine of up to $5,000. Repeat offenses carry larger sentences.Maine: 17A Maine Revised Statutes § 284 Possession of Sexually Explicit Material

‐Enhancements for age; no enhancements for quantity or violence‐

Possession of CSAM in which the depicted minor has not reached the age of 16—and the offender has reason to know that they are under 16—is charged as a Class D crime. This is subject to up to a year in prison and a fine of up to $2,000. If the depicted minor is younger than 12 (and the offender has reason to know this is the case) then the offense is charged as a Class C crime, subject to up to 5 years in prison and a fine of up to $5,000. Repeat offenses carry larger sentences.

Maryland: Maryland Criminal Law Code § 11‐207 Child Pornography

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is a crime subject to a prison sentence of up to 10 years and a fine of up to $25,000. Subsequent offenses will be subject to imprisonment for up to 20 years and a fine to not exceed $50,000. In Maryland, there is no differentiation made between child pornography or sadomasochistic abuse material—they are charged as the same.

Massachusetts: Massachusetts General Laws ch 272 § 29c

‐No enhancements for quantity, age, or violence‐

Possession of CSAM in Massachusetts is a crime which’s sentencing depends on how many previous offenses have occurred. For the first offense, the punishment is imprisonment for up to 5 years or up to 2½ years in a jail or corrections house, as well as a fine between $1,000 and $10,000. A second offense is subject to not less than 5 years in a state prison and a fine of $5,000 to $20,000; all subsequent offenses are subject to not less than 10 years in prison and a fine of between $10,000 and $30,000.

Michigan: Michigan Compiled Laws § 750.145c Child Sexually Abusive Activity or Material

‐Enhancements for quantity, age, violence, and bestiality‐

Possession of CSAM is a felony subject to up to 4 years in prison and a fine of up to $10,000. If the CSAM involves a prepubescent child, sadomasochistic abuse, bestiality, or contains a video or more than 100 images, the offense is a felony subject to up to 10 years in prison and a fine of up to $50,000.

Minnesota: Minnesota Statute § 617.247 Possession of Pornographic Work Involving Minors

‐Enhancements for age; no enhancements for quantity or violence‐

Possession of CSAM in Minnesota is a felony subject to imprisonment for up to 5 years and a fine of up to $5,000. If the CSAM involved a minor under the age of 14, or the offender is a repeat offender, then the sentence gets increased to imprisonment of up to 10 years and a fine of up to $10,000.

Mississippi: Mississippi Code § 97‐5‐33 Exploitation of Children; Prohibitions

‐No enhancements quantity, age, or violence‐

Possession of CSAM is a felony subject to 5 to 40 years in prison and a fine of between $50,000 and $500,000 (as outlined in § 97‐5‐35). Subsequent offenses are subject to imprisonment of 20 years to life, and a fine of $100,000 to $1,000,000.

Missouri: Missouri Revised Statutes § 573.037 Possession of Child Pornography

‐Enhancements for quantity; no enhancements for age or violence‐

Possession of CSAM is a Class D felony, subject to either 5 years in a state prison or 1 year in a county jail, as well as a fine of up to $10,000. This penalty is upgraded to a Class B felony, subject to between 5 and 15 years in prison (plus the same $10,000 maximum fine), if:

1.     The offender is in possession of more than 20 pieces of CSAM;

2.     The offender is in possession of a CSAM video; or

3.     The offender has been previously found guilty of this offense.

Note, sentencing enhancements for age exist for producing CSAM of a child under 14, but not for possessing it.

Montana: Montana Code § 45‐5‐625 Sexual Abuse of Children

‐No enhancements for quantity, age, or violence‐

Possession of CSAM in Montana is considered sexual abuse and subject to a punishment of up to 10 years in prison and up to $10,000 in fines. The punishment is upgraded to life in prison for repeat offenses.

Nebraska: Nebraska Code § 28‐813.01 Sexually Explicit Conduct; Visual Depiction

‐No enhancements for quantity, age, or violence‐

Possession of CSAM by an offender 19 years of age or older is a Class IIA felony, subject to up to 20 years in prison. If the offender is under 19, the offense is a Class I misdemeanor, subject to up to 1 year in jail and a fine of up to $1,000. Subsequent offenses for the offender under 19 are Class IV felonies, subject to up to 2 years in prison, up to 12 months of post‐release supervision, and a fine of up to $10,000.

For repeat offenders, who are already Sex Offenders or who have already violated this section, each offense is considered a Class IC felony, subject to 5 to 50 years in prison.

Nevada: Nevada Revised Statutes § 200.730 Possession of Visual Presentation Depicting Sexual Conduct of Person Under 16 Years of Age Unlawful; Penalties

‐No enhancements for quantity, age, or violence‐

Possession of CSAM depicting a child under the age of 16 is a category B felony and subject to 1 to 6 years in prison and a fine of up to $5,000. Subsequent offenses are considered category A felonies and are subject to 1 year to life in prison, as well as the same fine of up to $5,000.

Notably, it does not appear that any laws exist regarding possession of CSAM of 16‐ and 17‐ year‐olds. While production and distribution of CSAM applies to all “minors,” possession crime seems to be limited to just the younger age range.

New Hampshire: New Hampshire Revised Statutes § 649 ‐A:3 Possession of Child Sexual Abuse Images

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is a Class A felony, subject to between 7½ to 15 years in prison, and up to

$4,000 in fines. Subsequent offenses are subject to a sentence of between 10 to 20 years in prison.

New Jersey: New Jersey Revised Statutes § 2C:24‐4 Endangering Welfare of Children

‐Enhancements for quantity; no enhancements for age or violence‐

The New Jersey statute increases penalties by quantity, dividing Possession offenses into three degrees:

1.     Possession or viewing of 100,000 or more items of CSAM constitutes a crime of the first degree, subject to 10 to 20 years in prison and a fine of up to $200,000.

2.     Possession or viewing of 1,000 to 100,000 items of CSAM constitutes a crime of the second degree, subject to 5 to 10 years in prison and a fine of up to $150,000.

3.     Possession or viewing of less than 1,000 items of CSAM constitutes a crime of the third degree, subject to 3 to 5 years in prison, and a fine of up to $15,000.

For any offender in possession of 100 or more images, the court is advised to impose a sentence of imprisonment unless “it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.”

Note, in New Jersey it is also a crime to distribute CSAM, as it is in many states. Unlike other states, New Jersey refers to file sharing programs directly, placing the burden on preventing distribution on the offender themselves:

In a prosecution under sub‐subparagraph (iii) of this subparagraph, the State shall not be required to offer proof that an item depicting the sexual exploitation or abuse of a child had actually been searched, copied, transmitted or viewed by another user of the file‐sharing program, or by any other person, and it shall be no defense that the defendant did not intend to distribute the item to another user of the file‐ sharing program or to any other person. Nor shall the State be required to prove that the defendant was aware that the item depicting the sexual exploitation or abuse of a child was available for searching or copying to one or more other computers, and the defendant shall be strictly liable for failing to designate the item as not available for searching or copying by one or more other computers.

Like Possession, Distribution is a crime that has three degrees of sentencing severity. For all offenses, subsequent offenses are subject to extended imprisonment pursuant to N.J.S. § 2C:43‐7.

New Mexico: New Mexico Statutes § 30‐6A‐3 Sexual Exploitation of Children

‐Enhancements for age; no enhancements for quantity or violence‐

Possession of CSAM is considered a fourth‐degree felony and subject to 18 months imprisonment and a fine of up to $5,000. If it can be proven beyond a reasonable doubt that the minor depicted is under the age of 13, the sentence will be increased by 1 year.

New York: New York Penal Law § 263.16 Possessing a Sexual Performance by a Child

‐No enhancements for quantity, age, or violence‐

New York’s law against possessing CSAM is one paragraph. Simply put, Possessing is a Class E felony, subject to 1 to 5 years in prison, and a fine of up to $5,000.

North Carolina: North Carolina General Statutes § 14‐190.17A Third Degree Sexual Exploitation of a Minor

‐No enhancements for quantity, age, or violence‐

In North Carolina, possession of CSAM is considered (3rd Degree) sexual exploitation of a minor—a Class H felony. Offenders will be subject to 4 to 25 months in prison and a varying fine.

North Carolina: North Carolina General Statutes § 14‐190.17A Third Degree Sexual Exploitation of a Minor

‐No enhancements for quantity, age, or violence‐

In North Carolina, possession of CSAM is considered (3rd Degree) sexual exploitation of a minor—a Class H felony. Offenders will be subject to 4 to 25 months in prison and a varying fine

Ohio: Ohio Revised Code § 2907.322 Pandering Sexually Oriented Matter Involving a Minor or Impaired Person

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is a felony of the fourth degree, subject to probation or imprisonment of 6 to 18 months and a fine of up to $5,000. Subsequent offenses are felonies in the third degree, subject to probation or imprisonment of 9 to 60 months and a fine of up to $10,000.

Oklahoma: Oklahoma Statute § 21‐1024.2 Obscene Material or Child Pornography

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is a felony, subject to a sentence of up to 20 years in prison and a fine of up to $25,000.

Oregon: Oregon Revised Statistics § 163.665 to § 163.693 Visual Recording of Sexual Conduct of Children

‐No enhancements for quantity, age, or violence‐

Oregon is unique in that they do not have any blanket CSAM legislation. Instead, child pornography charges are divided into three sets of laws.

1.     § 163.670, Using Child in Display of Sexually Explicit Conduct: Anyone who compels or permits a child to engage in a CSAM performance is guilty of a Class A felony.

 2.     § 163.684, .686, .687, Encouraging Child Abuse in the First, Second, and Third Degree

a.      First Degree: Producing or disseminating CSAM is a Class B felony.

 b.     Second Degree: Possessing CSAM, or buying or trading to view CSAM, when the offender consciously disregards the fact that creation of the visual recording of CSAM involved child abuse is a Class C felony.

 c.      Third Degree: Possessing or trading to view CSAM (as in a second‐degree offense), when the offender knows or fails to be aware that the creation of the recording involved child abuse is a Class A misdemeanor.

3.     § 163.688, .689, Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First and Second Degree

a.      First Degree: Possessing CSAM and using it to induce a child to participate in sexual activity is a Class B felony.

b.     Second Degree: Possessing CSAM and having the intent to use it to induce a child to participate in sexual activity is a Class C felony.

 In Oregon, a Class A felony is punishable by up to 20 years in prison and a fine of up to

$375,000. A Class B felony is punishable by up to 10 years in prison and a fine of up to

$250,000. A Class C felony is punishable by up to 5 years in prison and a fine of up to $125,000. Class A misdemeanors are punished by up to a year in prison and a maximum fine of $6,250.

It appears that a loophole in this legislation exists when prosecuting computer‐generated images of CSAM. Would that be illegal if no actual child abuse was ever involved?

Pennsylvania: Statute 18 PA.C.S.A. § 6312 Sexual Abuse of Children

‐Enhancements for age and sexual content; no enhancements for quantity or violence‐ The Pennsylvania statute enhances the penalties for possession and distribution of child pornography in the following circumstances:

1.     Material depicting “Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.”

2.     Material depicting a child under 10 years of age or that is prepubescent.

Possession of child pornography is designated as a third‐degree felony, punishable by no more than 7 years. The enhancing factors increase the felony to a second‐degree felony punishable by no more than 10 years

Rhode Island: Rhode Island General Law § 11‐9‐1.3 Child Pornography Prohibited

‐No enhancements for quantity, age, or violence‐

Possessing CSAM is a crime punishable by up to 5 years imprisonment and a fine of up to

$5,000.

South Carolina: South Carolina Code § 16‐15‐410 Third Degree Sexual Exploitation of a Minor Defined; Penalties; Exception

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is considered an exempt felony, subject to imprisonment for up to 10 years. South Carolina uses a Class A‐F system to categorize felonies, but some crimes, (like child exploitation) fall in their own category, where a punishment is explicitly stated in the statute.

South Dakota: South Dakota Codified Law § 22‐24A‐3 Possessing, Manufacturing, or Distributing Child Pornography—Felonies—Assessment

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is considered a Class 4 felony, subject to up to 10 years in prison and up to

$20,000 in fines. Any subsequent violations that occur within a 15‐year period are considered Class 3 felonies, subject to up to life in prison and fines of up to $50,000.

Tennessee: Tennessee Code § 39‐17‐1003 Offense of Sexual Exploitation of a Minor

‐Enhancements for quantity; no enhancements for age, or violence‐

Possession of CSAM is a Class D felony, subject to 2 to 12 years in prison and fines of up to

$5,000. Each piece of CSAM constitutes a separate offense, up to 50, at which point the felony is enhanced:

1.     If the individual possesses more than 50 images, the offense is a Class C felony, subject to 3 to 15 years in prison, and fines of up to $10,000.

2.     If the individual possesses more than 100 images, the offense is a Class B felony, subject to 8 to 30 years in prison and fines of up to $30,000.

Texas: Texas Penal Code § 43.26 Possession or Promotion of Child Pornography

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is considered a third‐degree felony, subject to 2 to 10 years in prison and a fine of up to $10,000. On a second conviction, it becomes a felony of the second degree, subject to 2 to 20 years in prison and a fine of up to $10,000. All subsequent convictions are charged as felonies of the first degree, subject to 5 years to life in prison and a fine of up to $10,000. Notably, if an offender possesses 6 or more identical pieces of CSAM, it is considered possession with the intent to promote, and enhanced to a second‐degree felony.

Utah: Utah Code § 76‐5b‐201 Sexual Exploitation of a Minor—Offenses

‐Enhancements for quantity; no enhancements for age or violence‐

Possession of CSAM is considered a second‐degree felony, subject to 1 to 15 years in prison and a fine of up to $10,000. Separate offenses can be charged for each individual minor depicted and each time a minor appears in a different piece of CSAM.

Vermont: Vermont Statutes Annotated 13 § 2827 Possession of Child Sexual Abuse Material

‐Enhancements for sexual content; no enhancements for quantity, age, or violence‐

In Vermont, a “child” for the purposes of defining CSAM, is anyone 15 or younger. 16‐ and 17‐ year‐olds would not be considered children, and therefore not be considered child pornography (§ 2821). The penalties for possessing are:

1.     If an obscene depiction of a child, but without showing sexual conduct, the offense is subject to up to 2 years in prison and a fine of up to $5,000; or

2.     If a depiction of sexual conduct, the offense is subject to up to 5 years in prison and up to $10,000.

Any subsequent violations of either of these sections are subject to up to 10 years in prison and a fine of up to $50,000.

Virginia: Virginia Code § 18.2‐374.1:1 Possession, Reproduction, Distribution, Solicitation, and Facilitation of Child Pornography; Penalty

‐No enhancements for quantity, age, violence‐

Possession of CSAM is considered a Class 6 felony, subject to 1 to 5 years in prison and a fine of up to $2,500. Repeated offenses are Class 5 felonies, subject to 1 to 10 years in prison and the same fine of up to $2,500.

Washington: Washington Revised Code § 9.68A.075 Viewing Depictions of a Minor Engaged in Sexually Explicit Conduct

‐Enhancements for sexual content; no enhancements for quantity, age, or violence‐ Viewing CSAM is a felony which’s severity is dependent on the type of content viewed. The penalty for CSAM is a Class B felony, subject to up to 10 years in prison and a fine of up to

$20,000, if the content depicts:

1.     Sexual intercourse;

2.     Penetration by any object;

3.     Masturbation;

4.     Sadomasochistic abuse; or

5.     Defecation or urination for the purpose of sexual stimulation.

If the CSAM only depicts nudity, or there is touching but without penetration, then the offense is a Class C felony. An offender of the latter would be subject to up to 5 years in prison and a fine of up to $10,000.

West Virginia: West Virginia Statute § 61‐8C‐3 Distribution and Exhibiting of Material Depicting Minors Engaged in Sexually Explicit Conduct Prohibited; Penalty

‐Enhancements for quantity, violence, and bestiality; no enhancements for age‐

West Virginia bases its sentencing scheme on the number of images possessed. Possession of under 50 images imposes a penalty of no more than 2 years; possession of 50 to 600 images imposes a penalty of no less than 2 to 10 years; possession of 600 or more images or images depicting violence against a child or a child engaging in bestiality imposes a sentence of no less than 5 years to 15 years. The defines each video file under 5 minutes as constituting 75 images. For any video exceeding five minutes constitutes 75 images per every 2 minutes that exceeds 5 minutes.

Wisconsin: Wisconsin Statutes § 948.12 Possession of Child Pornography

‐Enhancements for quantity; no enhancements for age or violence‐

Possession or viewing of CSAM is a Class D felony, subject to 3 to 25 years in prison and a fine of up to $100,000. As established in State v. Multaler (2002 WI 35, 252 Wis. 2d 54, 643 N.W.2d 437, 00‐1846), each piece of CSAM can be charged separately.

Wyoming: Wyoming Statutes § 6‐4‐303 Sexual Exploitation of Children; Penalties; Definitions

‐No enhancements for quantity, age, or violence‐

Possession of CSAM is a felony subject to up to 10 years in prison and a fine of up to $10,000. Subsequent offenses are punished by a sentence of 7 to 12 years and a fine of up to $10,000.