There is a lot of confusion about what actually qualifies as child pornography under the law. Both Indiana and federal prosecutors use strict definitions based on age, content, and how the material was shared or stored. Because sex crimes like this are classified and punished so aggressively, it is important to know what the law actually says.
What Federal Law Says About Child Pornography Offenses
Federal child pornography charges can feel overwhelming, especially if you are still trying to understand what the government is accusing you of. The truth is that federal law covers a wide range of digital activity, including files that are stored, shared, or sent across state lines.
The penalties can be much steeper when a case is tried in federal court. Here are a few things you should know about how the federal system handles these cases:
- The law defines a child as anyone under 18, even if the person looks older or says otherwise.
- Producing content involving a minor triggers some of the most serious penalties under 18 U.S. Code § 2251.
- Possessing or moving files that meet the legal definition of child pornography is a federal offense under 18 U.S. Code § 2252.
- Keeping material in cloud accounts can lead to federal charges, even if you never shared the files.
- Sending or receiving content through email or text is treated as distribution under federal law.
- You can still be charged with receiving files, even if you did not ask for them or send them to anyone else.
- If force, threats, or production is involved, penalties increase quickly.
- The definitions and terms used in these cases are explained in 18 U.S. Code § 2256, but how they are applied can be very fact-specific.
Federal sentencing is strict, and prosecutors often come in with digital records and technical evidence that can feel hard to challenge. However, no matter what you are being accused of, you still have rights. A strong criminal defense starts with knowing what the charges really mean. If you are feeling confused, scared, or unsure of what comes next, that is normal. We are here to help you sort through it step by step.
How Indiana Defines Child Pornography Under State Law
In Indiana, it is a crime to create, possess, or share any image or video that shows a minor engaging in or appearing to engage in sexual conduct. This can apply even when there is no financial gain or distribution involved. Prosecutors often focus on whether the person accused understood the content and intended to keep it.
What Age Defines a “Child” in Indiana’s Criminal Code
Indiana defines a child as anyone under the age of 18. That definition applies across the board in child exploitation, child abuse and assault, and child pornography cases. If the person in the image or video is believed to be a minor, the state can move forward with charges, even if there is disagreement over how old they appear to be.
When Possession Alone Is Enough to Be Charged
You do not have to create or share content to be charged with a crime. Simply having files on your phone, laptop, or cloud account can lead to an arrest. In many cases, the charges are based on the number of images found or whether there is any sign the content was saved intentionally.
Digital Platforms and State-Level Charges
Even if you did not post or send a file, your activity on social media or messaging apps can be used as part of the investigation. Indiana law allows prosecutors to look at search history, downloads, saved folders, and shared devices when building a case. Sometimes the evidence comes from accounts that were accessed by multiple people, which can complicate the case.