federal child pornography charges

Our federal criminal lawyers have successfully defended individuals accused of federal child pornography and child sexual exploitation cases across the country. Many criminal defense lawyers unfortunately presume their client is guilty and are simply unwilling to devote the time and resources to properly defend these cases. In some cases, the defense lawyer may simply not have the training or skills to properly defend these highly technical cases (Does your lawyer know what an 'artifact' is or how law enforcement's software tools used to analyze hand drives could be faulty?). By utilizing the best forensic experts in the field and challenging the Government on its claims, we are able to win dismissals and get the best possibly deals for our clients. 

Please visit our blog post about frequently asked questions for individuals accused of child pornography offenses, including a detailed discussion of how our firm defends these difficult cases. 

How the Government charges child pornography cases

The Government typically charges child pornography cases under 18 USC 2252, 18 USC 2252A, and 18 USC 2251 and can charge the case in three different ways:
 

1. Simple possession. This offense involves simply possessing an image or video containing child pornography or child sexual abuse. The elements the Government has to prove are a) that the defendant possessed the images or videos in question, b) that the images or videos were produced using a minor engaging in sexually explicit conduct, and c) that the images or videos were transported in interstate commerce or the defendant used materials shipped in interstate commerce (e.g., a computer or cell phone).
2. Distribution and receipt. These offenses involve the additional element that the defendant either received the materials in question or distributed the materials in question to others. 
3. Production or attempted production. This offense involves the elements of a) using a minor to engage in sexually explicit conduct, and b) for the purpose of producing any visual depiction of such conduct. As with possession and distribution, there must also be an interstate nexus in order for the Government to have jurisdiction.

What are the penalties for child pornography charges?

The penalties for child pornography charges are severe. Simple possession is the least serious offense as there is no mandatory minimum sentence and the sentencing range is zero to 20 years. Distribution and receipt have a mandatory minimum sentence of five (5) years in prison and the sentencing range is five to 20 years. Production cases are the most serious child pornography cases and have a mandatory minimum of sentence of fifteen (15) years in prison. 

Aside from prison time, there are other penalties associated with child pornography offenses, including supervised release of at least 10 years (which is a type of 'probation'), having to register as a sex offender in the state where you live, and three different types of restitution which is mandated by law. Convictions for a sex offense can also have far ranging impacts from one's ability to keep or obtain employment as well as the social stigma. This is why it is imperative to hire a lawyer with both the experience and the willingness to fight the Government's charges. Even if you don't take your case to trial, the Government often isn't willing to cut reasonable deals unless your lawyer is willing to challenge the Government and it's allegations.

Hiring the right lawyer

Hiring an experienced federal criminal defense attorney is critical in any child pornography case. Experience doesn't just mean the number of years that an attorney has practiced. Experience means being fluent in how the Government conducts its investigations and how it will prove its case at trial. It is important that your lawyer be able to understand the different types of software tools that the Government uses to prosecute these cases and how an independent expert can be utilized to undermine and attack the Government's case.
 

If you or someone you know has been charged with or is being investigated for a child pornography offense, contact an experienced federal criminal lawyer. Our firm has the experience, skill, and drive to ensure that you receive the best possible defense and outcome. The initial consultation is confidential and always free.