Child Pornography Lawyer

Understanding Child Pornography Charges: Federal and State Legal Consequences

Child pornography is viewed as one of the worst crimes in the United States. It is particularly heinous due to its nature and with children as the victims and carries a zero tolerance policy. The creation of child pornography, possessing it and distributing it are all charged as a sex crime that can be prosecuted under both state and federal law.

A person who finds themselves charged with child pornography should not take it lightly. These are very serious charges that carry severe consequences that can last throughout the rest of a person’s life. A person who is convicted of child pornography is required by law to register as a sex offender for the rest of their life, which can greatly impact a number of areas of their life, including the ability to get certain jobs and where they may be allowed to live. As a result, it is imperative that anyone who is facing these charges get in touch with an experienced criminal defense attorney immediately.

What Constitutes Child Pornography?

Federal Definition of Child Sexual Exploitation Material

Child pornography includes anything that shows children or anyone who is under the age of 18 engaging in any type of sexual activity. It can include images, videos or anything else that includes children in such acts. Even if an image or video has been modified to appear that children are engaged in a sex act, it can be considered child pornography. In addition, even if the content shows children simulating sexual activity and not the actual act, it can still be charged as child pornography.

Legal Definition Under 18 U.S.C. § 2256

According to federal law under 18 U.S.C. § 2256, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). This includes:

• Actual minors engaged in sexually explicit conduct
• Computer-generated images indistinguishable from actual minors
• Images created, adapted, or modified to depict an identifiable minor
• Depictions advertised or distributed in a manner conveying the impression of minors

There are certain exceptions, however. For example, if an anatomy book shows a picture of a nude child and explains the child’s anatomy, it would not be considered child pornography because it exists for a scientific purpose.

How Can a Person Be Charged with Child Pornography?

Elements Required for Federal Prosecution

In order for a person to be charged with a child pornography crime, they must knowingly possess, distribute or receive the content. A person is required to have some degree of knowledge in order to be charged. In other words, if a person merely discovers child pornography by accident, it isn’t enough to convict them of the crime.

Federal Statutes for Child Pornography Offenses

The primary federal statutes include:

• 18 U.S.C. § 2251 – Production of child pornography
• 18 U.S.C. § 2252 – Material involving sexual exploitation of minors
• 18 U.S.C. § 2252A – Material containing child pornography

It can be challenging for investigators to determine how a person encountered child pornography on their computer and whether they accidentally accessed it. In cases where there are hundreds of downloaded images or videos depicting children in sexual acts, it can be easy to determine that the person is guilty of committing a crime. However, in some cases, it can be difficult.

Possible Defenses to Child Pornography Charges

Common Legal Defense Strategies

There are certain defenses a criminal defense attorney can use in a child pornography case. One of the most basic is to argue that the individual didn’t know that they were downloading such content or that they received or possessed child pornography by accident. For instance, a person might have been downloading adult pornographic material, which is legal, and may have accidentally stumbled across the child pornography.

Another possible defense to child pornography charges is for the defense attorney to argue that the defendant did not download the content in spite of it being on their computer. It’s possible to argue that others had access to the computer and that one of them downloaded the material.

Additionally, the defense can argue that law enforcement officers did not have a warrant to legally search the individual’s property. This would render the findings inadmissible in court.

Penalties and Sentences for Child Pornography

Federal Sentencing Guidelines for Child Exploitation

Child pornography is a crime that can be prosecuted in both state and federal courts. They carry severe penalties and a first-time offender who is convicted can receive 15 to 20 years in prison. Additionally, the individual would be required to be supervised in a sex-offender release program after that time. The person would also be required to register as a sex offender for life.

According to the Department of Justice’s Criminal Division:

• Production of child pornography – 15 to 30 years for first offense
• Transportation of child pornography – 5 to 20 years for first offense
• Possession of child pornography – Up to 10 years for first offense
• Aggravated circumstances – Potential life imprisonment

Sex Offender Registration Requirements

SORNA Compliance and Lifetime Registration

Under the Sex Offender Registration and Notification Act (SORNA), individuals convicted of child pornography offenses must:

• Register immediately upon release from custody
• Update registration in each jurisdiction where they reside, work, or attend school
• Appear in person for periodic verification:
  • Tier I offenders – Once per year for 15 years
  • Tier II offenders – Every six months for 25 years
  • Tier III offenders – Every three months for life

Failure to register is a federal offense under 18 U.S.C. § 2250, punishable by up to 10 years in prison.