What is the definition of child pornography under federal law?

1. What the statutes plainly say about the image — a single, sweeping definition that matters in prosecution

The core statutory definition appears in 18 U.S.C. § 2256, which the sources summarize as establishing that child pornography is any visual depiction of sexually explicit conduct involving a minor. This definition explicitly lists media types — photographs, films, videos, and computer or computer-generated images — and sets out three alternative bases for classification: production that used a minor, depictions indistinguishable from a minor, or images modified to appear to show a minor. The law therefore targets both real and realistic synthetic images when they meet the “indistinguishable” or “modified” tests, making the statutory language expansive in form and medium ^[1].

2. Why “indistinguishable” and “modified” broaden the statute — digital imagery and legal reach

By including computer-generated images that are indistinguishable from a real minor, or images altered to appear to depict a minor, § 2256 extends liability beyond traditional photographs of actual children to some digital and AI-generated content. The sources consistently highlight that the statute’s drafters anticipated advances in image generation and manipulation, creating a rule that treats certain realistic fakes the same as real depictions when they would be indistinguishable to observers or have been deliberately altered to appear to portray a minor. This expansion directly affects enforcement and private-sector content moderation because it makes the legal standard depend on the appearance and production process, not solely on whether an actual child was exploited ^[1].

3. How related criminal provisions turn the definition into punishable conduct — distribution, receipt, possession

The statutory definition in § 2256 feeds into criminal prohibitions in statutes such as 18 U.S.C. § 2252, which criminalize the transportation, receipt, distribution, and possession of visual depictions involving sexually explicit conduct by minors, especially when those materials travel in interstate or foreign commerce. The available analyses note that § 2252 supplies the enforcement and penalty framework, including lengthy sentences and enhanced penalties for repeat offenders, thereby converting the definitional language into prosecutable offenses with concrete sentencing ranges and mechanisms for federal jurisdiction ^[2].

4. Where official documents echo the law but do not expand it — administrative classification and information handling

Government policy documents sometimes treat child pornography as a controlled category for handling and dissemination within agencies, but these administrative labels do not alter the criminal definition. One source notes that the National Archives and Records Administration categorizes “child pornography” under Controlled Unclassified Information (CUI) marking rules, reflecting the seriousness of information management rather than changing legal elements of the offense. Administrative categories affect classification and handling but should not be conflated with the statutory elements that determine criminal liability under § 2256 and related criminal provisions ^[3].

5. Gaps, questions, and points courts often resolve — ambiguity and application in novel technology cases

The statutes give a broad textual definition but leave several practical and legal questions for courts and enforcers: how to determine when a computer-generated image is truly “indistinguishable,” how to prove an image was “modified” to appear to depict a minor, and how protections like the First Amendment apply in borderline cases. Source material confirms that the statutory language covers these categories but does not provide exhaustive procedural guidelines; criminal prosecutions therefore rely on case law and evidentiary standards to apply the definition to new technologies and contested factual scenarios. Those judicial developments determine how the broad statutory words operate in practice ^{[1] [4]}.

6. Bottom line — a definition designed for breadth, enforced through separate criminal provisions

In sum, federal law defines child pornography broadly to include real and certain realistic synthetic visual depictions of minors engaged in sexually explicit conduct, and prosecutes related acts under statutes that set penalties and jurisdictional triggers. Administrative categorizations of the topic exist but do not redefine criminal elements. The definitional core is 18 U.S.C. § 2256; enforcement and penalties flow from provisions like § 2252, and courts and agencies fill in practical application as technology and factual disputes arise ^{[1] [2]}.