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The First Amendment does not extend to child pornography

People who have been found with child pornography may be tempted to argue that they should be allowed to have any images that they want because of the First Amendment and the right to free speech. However, the U.S. law is very clear that these types of things are not protected under this amendment, and they are illegal.

This goes for videos, photographs and even images that are created by a computer, but which are so realistic that it is impossible to tell them apart from real images.

Another argument that is sometimes made for these images is that the age of consent means that the child depicted doing the sexual act is in fact old enough to legally carry out that act, and so the images should not be illegal. For example, the age of consent in Kansas is just 16 years old, so someone could argue that pictures of 16-year-old children should be legal to have.

However, this is also not true, as the law specifically states that the age of consent doesn't factor in. This age is different from one state to the next. Under the law, anyone who is under 18 years old is considered a minor, even if they reached the age of consent years ago. In this way, there is a clear legal difference between participation in an act and the recording and distribution of that act.

If you've been accused of a felony in Kansas, you do have the right to a fair trial, and it's important to know exactly how the law addresses the issue at hand.

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