Is viewing child pornography (child sexual abuse material) child sexual abuse?
Yes. Child pornography is now referred to as child sexual abuse material (CSAM) to more accurately reflect the crime being committed.
The U.S. Department of Justice defines CSAM, or child pornography, as any sexually explicit images or videos involving a minor (children and teens under 18 years old). The legal definition of sexually explicit does not mean that an image or video has to depict a child or teen engaging in sex. A picture of a naked child may be considered illegal CSAM if it is sexually suggestive enough. Also, the age of consent for sexual behavior in each state does not matter; any sexually explicit image or video of a minor under 18 years old is illegal [2].
It is against federal law to create, share, access, receive, or possess any CSAM. Breaking a federal CSAM law is a serious crime, and if legally convicted, those creating, sharing, accessing or receiving CSAM could have to pay fines and or face severe legal consequences.
CSAM is illegal because it is filming an actual crime (i.e., child sexual abuse). It shows children being sexually abused. According to the Department of Justice (2023), behind every “sexually explicit image or video of a child is abuse, rape, molestation, and/or exploitation.” The documentation of this abuse creates a “permanent record of the child’s victimization,” because it is nearly impossible to remove this content from the internet and every time it is looked at and/or shared, it re-traumatizes survivors each time [1]. Children can’t legally consent to sexual activity, and so they cannot participate in pornography.
If you find what you believe to be sexual images of children on the internet, report this immediately to authorities by contacting Cybertipline. If you or someone you know is concerned about their internet activity, seek the help of professionals who specialize in this area.
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References
[1] Lee, H. E., Ermakova, T., Ververis, V., & Fabian, B. (2020). Detecting child sexual abuse material: A comprehensive survey. Forensic Science International: Digital Investigation, 34, 301022. https://doi.org/10.1016/j.fsidi.2020.301022
[2] U.S. Department of Justice. 2023. Child Sexual Abuse Material. Retrieved from https://www.justice.gov/d9/2023-06/child_sexual_abuse_material_2.pdf