Child Pornography Possession – Frequently Asked Questions
What if I am doing my job and am in possession of child pornography?
This section does not apply to the performance of official duties by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists, or social workers or persons acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.
What if the parents consent to the sexual performance by their child?
Consent to sexual performance by a minor or the minor’s parent, guardian, or custodian is NOT a defense to a charge of violation of this section.
What if the pornographic work only involved people over 18 years of age?
It shall be an affirmative defense to a charge of violating this section that the pornographic work was produced using only persons who were 18 years or older.