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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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If someone uses a pay web chat site, and then the cam girl

Customer Question

If someone uses a pay web chat site, and then the cam girl is underage, can they be prosecuted in the US, to make it more complicated the man that used the site was out side the US when he saw it, and the location of the underage girl was also outside the US
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

 


It is possible, in the right case, that someone outside of the US could still be prosecuted within the US for child pornography. Most of the time, criminal authority is jurisdictional (in that a crime that happens outside of the country can't be prosecuted inside the country), but some laws provide for extraterritorial application of US criminal law. Child pornography is one such law:

 

ScottyMacEsq :
18 USC 2252 (a) Any person who—

(1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, 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;

ScottyMacEsq :

Now that being said, it would still need to be proven...

ScottyMacEsq :

This statute requires knowing or intentional action. If an underage girl came on screen without your knowledge, etc... then that would not be knowing. Furthermore, while this is also interpreted to mean viewing the pictures, it's almost always used in the intentional context to prosecute the purveyors of the child pornography.

ScottyMacEsq :

But again, it would require knowledge. If it was outside the control of the viewer, or knowledge that the subject was underage, then there wouldn't be a chance of success in a prosecution.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11557
Experience: Licensed Texas General Practice Attorney
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Customer: replied 1 year ago.

There is no statute of limitations on this either, right?

Expert:  ScottyMacEsq replied 1 year ago.
That's correct. There's no statute of limitation on prosecutions for possession of child pornography.
Customer: replied 1 year ago.

is it still possession even if i dont actually possess anything?

Expert:  ScottyMacEsq replied 1 year ago.
Temporary possession (even something cached on a hard drive) is considered possession.

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