California  |  Criminal Law

Legal Question

Asked on: 7/17/13, 8:08 am

This is a question on simulated child pornography.

Simulated child pornography is illegal in the United States.

However, in Japan, simulated child pornography is legal.

Suppose you are a student traveling in Japan and watched a Japanese pornography that is illegal in the United States, will extraterritorial jurisdcition apply and you can be charged with watching the videos?

USC Title 18 2251(c) and 2260 (a) describes extraterritorial jurisdiction for producing or distributing illegal pornographies abroad or possessing them with an intention of importing them to the US. It does not say anything about "consuming" illegal pornographies outside the United States.

To give it another spin, suppose you were in Australia and watched Japanese pornographies that are illegal in both Australia and the United States and you were prosecuted for it. Will it affect your legal status in the United States in any circumstances?

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