Child pornography laws in the United States

In the United States, child pornography is illegal under federal law and in all states and is punishable by up to life imprisonment and fines of up to $250,000. U.S. laws regarding child pornography are virtually always enforced and amongst the sternest in the world. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution.^[1] Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 18.^[2] U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.

Child pornography first became illegal at the federal level in 1978, with the enactment of the Protection of Children Against Sexual Exploitation Act of 1977.^[3] Before the 1978 law, child pornography was illegal in only two states.^[4] The 1978 law was subsequently strengthened in 1984, with the passage of the Child Protection Act.^[5] It was a goal of the Reagan Administration to crack down on child pornography, with then-President Reagan stating the following in 1987: "[T]his Administration is putting the purveyors of illegal obscenity and child pornography on notice: your industry's days are numbered."^[6] Further federal legislation, such as the PROTECT Act of 2003, has been enacted since then.