ATLANTA -- A U.S. attorney issued a statement on Wednesday declaring the Genarlow Wilson videotapes as child pornography.

This statement came just days after a CBS46 investigation raised questions about the distribution of the tape.

"The videotape at issue constitutes child pornography under federal law and should not be knowingly distributed, received, or possessed outside of law enforcement and judicial proceedings," said U.S. Attorney David Nahmias in a statement released Wednesday.

The videotape had been widely distributed by the office of Douglas County District Attorney David McDade since the trial concluded.

Wilson was sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl when he was 17.

The videotape is of the party where the sex act took place and was used as a primary piece of evidence at Wilson's trial.

The statement also advised that anyone in possession of the tape outside of law enforcement should return it to police or destroy it immediately.

Former Assistant U.S. Attorney Jeffrey Brickman called the distribution of the tape unlawful.

"It is unlawful to distribute any visual medium, in this case it would be a videotape, of a minor engaged in sexually explicit conduct."

A Georgia judge had ordered Wilson released from prison on June 11, but appeals from the state attorney general have kept him from being released.

Several influential people, including former President Jimmy Carter and the Rev. Al Sharpton, publicly supported Wilson's appeals and state lawmakers voted to close the loophole that led to his 10-year prison term.

Numerous rallies have been held by community leaders in attempts to have Wilson freed from prison.

There have also been attempts to have a special session of the Georgia Legislature called in order to reconsider a bill written by state Sen. Emmanuel Jones that was specifically designed for young men like Wilson.

The bill, which would make the "Romeo and Juliet" provision of Georgia's sex offender law retroactive, did not get enough votes during the regular session.

Jones asked the state's attorney general on Tuesday to investigate the actions of McDade. Jones said McDade handed the tape to lawmakers unsolicited while they argued a bill about teen sex offenders.

"I believe he blurred if not crossed the line between what is legal and illegal in his attempt to influence this Legislature," Jones said.

McDade has refused to comment about the tapes. His office said they were acting in compliance with open records laws.

In a written statement released by McDade's office, they said they "do not know the exact number of people who have made open records requests in the Genarlow Wilson case."

Nahmias said the purpose of his statement was to stop the dissemination of this "child pornography."

Officials from the NAACP said they plan to release a statement at a press conference on Thursday at 7:00 p.m.

CBS 46 handed over its copy of the tape to law enforcement Wednesday night.

Wilson is awaiting a hearing that could allow bond to possibly change his sentence.