Perhaps the most famous federal sex crime is one being charged to Josh Duggar. According to the U.S. Department of Justice:
“Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.”
It’s important to note that the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. In fact, a picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal — that means that any sexually suggestive selfie sent during “sexting” activity can constitute child pornography.
A person who is convicted of knowingly possessing child pornography can be sentenced up to 10 years in prison or up to 20 years in prison if the minor depicted in the image is under the age of 12. A person who is convicted of distributing or receiving child pornography faces a 5 to 20 year prison sentence. If the person has prior convictions, the penalties will be higher.