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

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?

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Attorney answers 3

Posted

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 creates an attorney-client relationship.

Posted

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 INFORMATION IS NOT LEGAL ADVICE. THIS IS GENERAL EDUCATIONAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON AS ACTUAL LEGAL ADVICE. FOR0 LEGAL REPRESENTATION OR A CONSULTATION, PLEASE CONTACT OUR FIRM DIRECTLY. WE CAN MEET NEAR YOU IF NEEDED AND YOU ARE LOCAL-- EVENINGS & WEEKENDS MEETINGS ARE OK!

Posted

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/Pages/OPSCCRC.aspx

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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