Which element is involved in the possession of child pornography?

The possession of child pornography involves the element of possession in any form. This means that an individual can be charged with this offense as long as they have control over the material, regardless of whether they intended to distribute it or whether they know the identity of any victim depicted in the materials.

Possession in any form encompasses various ways of holding the material, including physical possession (having a physical copy) as well as digital possession (having images or videos stored on a computer or other devices). This broad definition aligns with the law’s intent to protect children from exploitation by criminalizing the mere possession of such materials, regardless of the individual's intent regarding distribution or knowledge of the minor involved.

Understanding this element is crucial because it emphasizes the focus on the safeguarding of minors and the societal obligation to prevent the exploitation of children through the prohibition of possession of such harmful materials.