What constitutes the crime of receiving, possessing, or distributing child pornography?

It is a federal crime for any person to knowingly receive, possess, or distribute any child pornography that has been transported or  shipped or mailed in interstate or foreign commerce including by computer.  Before someone can be convicted of this crime, the prosecution must prove the following three things beyond a reasonable doubt:

  1. The accused knowingly received, possessed, or distributed items of child pornography;
  2. That such items of child pornography had been transported, shipped, or mailed in interstate or foreign commerce including by computer; and
  3. That at the time of such reception, possession, or distribution the accused believed that such items constituted or contained child pornography.

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