Application of federal laws concerning child pornography for non US citizens overseas

Asked 11 months ago - Russia, OH

I am neither a citizen of the USA nor do i live there. The possession of some kind of child pornography is considered to be perfectly legal in my country. I want to know if the US federal laws concerning child pornography are applicable for non-US-citizens overseas and if, which laws and under which specific conditions? If i download pictures that are considered to be illegal in the US, using the internet, do i have to fear extradition and trial in the USA? And if i share those pictures in a private chat with non-American persons? I am not intending to distribute such material into the US, but because of the infrastructure of the internet it is possible that this kind of material is routed through servers which are located in America - do i have to be concerned?

Attorney answers (3)

  1. Kathryn Mary Holton

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Oh absolutely! Yes you should! Have you considered that in order to have child porn, that an innocent child had to be sacrificed? and their little life ruined. Have you considered that a child is defenseless and does not have the capacity to consent. It is my best opinion that you would be charged and extradited to the US, harshly punished if convicted as in the US citizens equate child porn watchers, traders or distributors and child abusers as the lowest form of life.

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way... more
  2. Edward James Kazaleh

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Without making a judgment about the subject matter itself, legally that is very good question. Is suspect there is no answer yet in a general sense, but rather it is specific to the facts involved. Certainly, it is well beyond the scope or capabilities of this general information forum, but if it is important to you I'd suggest spending the likely hundreds of thousands of Dollars it will take a large international internet infrastructure law capable law firm to do an opinion for you for your specific situation. It is not going to ever be 100% clear, but that is an area of law that is dictated by reaction rather than direction, so positions that are taken by governments may or may not have a legal basis... One issue is that in many countries, a child is someone under a different age than in the US and can "consent", however perverse. If you are asking about if the US Special Forces are going to fly over to a former CIS country to render you into their custody, who knows?

    Edward J. Kazaleh, Esq. www.kazaleh.vpweb.com Office 713-659-1000 or EMAIL: ek@bizlaw.pro DISCLAIMER: THE ABOVE... more
  3. Luca Cristiano Maria Melchionna

    Contributor Level 16

    Answered . There is no impunity law. And there is no state barrier allowing you to hide. If state law is lacking, international law is protecting children. This practice has been sanctioned at the international level with a Protocol to the Convention on the right of the Child. http://www.ohchr.org/EN/ProfessionalInterest/Pa...

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... more

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