Making, distributing or accessing cyberporn (cyber porn) is not necessarily
a crime. Cyberporn is like regular pornography; it is just accessible
on the Internet. Pornography is anything that is created to cause the
sexual arousal or sexual excitement of the person who witnesses it. Pornography
is not inherently illegal, but the point at which it becomes illegal is
difficult to define. Supreme Court Justice Stewart famously described
Jacobellis v. Ohio, 378 U.S. 184 (1964) as, “I know it when I see it.”
The Supreme Court has more recently defined the legality of pornography/obscenity
sales and possession in the following way, “no one will be subject
to prosecution for the sale or exposure of obscene materials unless these
materials depict or describe patently offensive ‘hard core'
sexual conduct specifically defined by the regulating state law, as written
Miller v. California, 413 U.S. 15 (1973). Almost everything having to do with child pornography (producing, possessing,
or distributing images of minors is illegal). Obscene or child pornography
whether distributed or viewed on the internet is a sex offense and can
result in incarceration along with lifelong sex offender registration.