What constitutes the crime of transporting or shipping child pornography?

It is a federal crime for any person to knowingly transport or mail any child pornography in interstate or foreign commerce including by computer.  Before someone can be convicted of this crime, the prosecution must prove the following two things beyond a reasonable doubt:

  1. The accused individual knowingly transported or mailed in interstate or foreign commerce items of child pornography; and
  2. That at the time of such transportation or mailing, the accused believed that such items constituted or contained child pornography.

The term “interstate or foreign commerce” means the movement
of property from one state to another state or from one state to another
country. The term “State” includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or possession of
the United States.

The term “child pornography” means any visual depiction including
any photograph, film, video, picture, or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct or where such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

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