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What Constitutes Child Sexual Abuse Material?

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Possessing, creating, or distributing child sexual abuse material, or CSAM, is a serious crime at the state and federal levels. If you or a loved one was a victim of CSAM or another type of child sexual abuse, you have legal rights and options for holding the responsible parties accountable.

Key Takeaways
  • Child sexual abuse materials, or CSAM, include any visual depiction of a minor engaging in sexually explicit conduct, including photographs, videos, and digital images, including those created by artificial intelligence.
  • The production, distribution, reception, and possession of CSAM are federal offenses in the United States with severe penalties, including imprisonment and registration as a sex offender.
  • CSAM causes significant harm to the physiological, emotional, and mental health of children, perpetuating abuse and trauma. If you or someone you know has experienced this type of harm, you have rights and options for seeking accountability.

Child sexual abuse material, or CSAM, is the legal term for any visual depiction of a child engaging in sexually explicit conduct. It is a particular type of sexual abuse targeting children that can cause lasting psychological harm, including developmental issues and difficulties forming trusting relationships.

If you have been victimized by CSAM, the consequences can be severe, and the permanent nature and circulation of online material may exacerbate those lasting impacts. Helping Survivors is dedicated to empowering survivors of child sexual abuse across the United States to hold the parties responsible for abuse accountable.

What Are Child Sexual Abuse Materials, or CSAM?

Federal law defines Child sexual abuse material, or CSAM, as any visual depiction of sexually explicit conduct involving a person under 18. CSAM is still referred to as “child pornography” in some statutes, but advocacy groups across the globe have pushed for the usage of the term “child sexual abuse materials” to better reflect the abuse depicted and the trauma it causes to children. CSAM includes the following:

  • Photographs
  • Digital or computer-generated images, such as deepfakes
  • Videos
  • Undeveloped film or videotapes
  • Electronically stored data

Legally, the phrase “sexually explicit conduct” does not require that the child be depicted as engaging in sexual activity. Courts determine whether material is obscene by applying the test established by the U.S. Supreme Court’s 1973 decision in Miller v. California. Under this test, courts consider whether the average person would find that the content:

  • Appeals to lascivious interests
  • Portrays sexual conduct in a patently offensive manner
  • Lacks serious literary, artistic, political, or scientific value

Legal Implications and Consequences of Child Sexual Abuse Materials

There are serious legal implications and consequences for those convicted of child sexual abuse material-related offenses, including possession, creation, and distribution. While perpetrators can be held criminally liable, companies or organizations that enable the creation or distribution of CSAM may also be held liable through civil lawsuits.

Child Sexual Abuse Material Laws in the United States

The federal criminal laws covering CSAM are codified in U.S. Code Title 18, Chapter 110 – Sexual Exploitation and Other Abuse of Children. Several landmark Supreme Court cases since the Miller decision have interpreted these laws, including Osborne v. Ohio. In that 1990 decision, the court clarified that First Amendment rights do not extend to child sexual abuse material, and Osborne did not have the right to view CSAM in the privacy of his home.

In recent years, lawmakers across the country have introduced legislation addressing sexual deepfakes and other non-consensual content created with AI tools. According to the National Center for Missing and Exploited Children, there was a 6,345% increase in reports involving AI-generated child sexual abuse material between 2024 and 2025.

State Laws on CSAM

State and federal laws prohibit more than the creation of child sexual abuse materials; they criminalize other roles associated with facilitating its commerce domestically or abroad. The laws target the following:

  • Production
  • Distribution
  • Reception
  • Possession

Federal law specifically prohibits employing, using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit conduct for visual productions. Any person who attempts or conspires to create child sexual abuse materials can be prosecuted under federal law. State laws regarding CSAM and its penalties can vary.

Penalties for CSAM

The penalties for possessing, creating, and distributing child sexual abuse materials are severe. The penalty for first-time offenders caught possessing CSAM is up to 10 years in prison. Those convicted of producing and distributing child pornography can expect a 15- to 30-year sentence for their first offense. For subsequent offenses, the sentence increases to between 25 years and life.

Any federal conviction involving child sexual abuse materials requires the perpetrator to register as a sex offender under Section 2250 of Title 18 of the United States Code.

Understanding Child Sexual Abuse Materials’ Harm to Children

The use of children as subjects of pornographic material is harmful to the physiological, emotional, and mental health of the child. Research shows that child sexual abuse materials can cause victims to experience long-term consequences and developmental issues related to relationships and trust.

Predators often use CSAM to perpetrate abuse, often using it to groom children for abuse.

Reporting Child Sexual Abuse Materials

If you believe someone is involved in the production or distribution of child sexual abuse materials, you can report it using the following methods:

  • Call your local law enforcement agency.
  • Report the material using the Cyber Tipline.

Your alertness could help save a child from sexual exploitation. Provide as much information as possible when leaving a tip, even if you are reporting anonymously.

Support and Resources for Victims of Child Sexual Abuse

If you or a loved one experienced child sexual abuse, these organizations provide support for survivors:

These organizations are committed to preventing the creation and distribution of CSAM. They provide resources for counseling services and therapy for survivors of sexual abuse in schools, CSAM, foster care sexual abuse, and more. They also provide resources for parents and caregivers.

Helping Survivors is dedicated to helping sexual abuse survivors heal and move forward to a better future. We may be able to connect you with an experienced child sexual abuse attorney to evaluate whether you have a case, and, if so, file a lawsuit.

Contact us today to learn more.

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