Colorado Child Pornography Defense Lawyers
Contents
- 1 Federal Child Pornography Sentencing Lawyers: Navigating Complex Laws and Fighting for Justice
- 2 Understanding Federal Child Pornography Charges
- 3 Sentencing Guidelines and Mandatory Minimums
- 4 How Lawyers Fight for Lower Sentences
- 5 Building an Effective Defense Strategy
- 6 The Importance of a Skilled Federal Defense Lawyer
- 7 Frequently Asked Questions
Child pornography charges at the federal level are extremely serious and carry strict penalties. If you or a loved one is facing allegations involving child pornography, having an experienced federal criminal defense lawyer on your side is critical.This article provides an in-depth look at federal child pornography sentencing guidelines, mandatory minimums, how lawyers fight for lower sentences, and building an effective defense strategy.
Understanding Federal Child Pornography Charges
Federal law prohibits the production, distribution, reception, and possession of child pornography under 18 U.S. Code Chapter 110. Violating these laws can result in severe criminal penalties, including years or even decades in federal prison.What constitutes child pornography under federal law? It involves sexually explicit visual depictions of minors under the age of 18. This includes photographs, videos, digital images, drawings, cartoons, and even computer-generated content.
Types of Federal Child Pornography Crimes
There are a few main child pornography offenses defined in 18 U.S. Code § 2251-2260:
- Production: Creating or participating in creating child porn content. This includes filming, photographing, editing videos, etc.
- Distribution/Transportation: Sending, selling, transporting or sharing child pornography across state/international lines, including peer-to-peer file sharing networks.
- Receipt: Downloading or accessing child pornography content. This includes streaming videos online.
- Possession: Storing child pornography on any device under your control, including phones, external hard drives, cloud storage accounts, etc. Possession is the most common federal child porn charge.
Penalties vary based on the type and volume of content involved, use of computers/Internet, and other factors. Harsher sentences apply if content depicts prepubescent children or violent/sadistic acts.
Sentencing Guidelines and Mandatory Minimums
To understand potential penalties for federal child pornography convictions, it’s important to examine the complex federal sentencing guidelines and mandatory minimum sentences that apply.The baseline sentencing range for receipt/distribution of child pornography under federal guidelines is:
- 5-20 years for a first-time offender with 600+ images
- 0-10 years for less than 600 images
However, various “enhancements” ratchet up sentences significantly:
- Images depicting sadistic/masochistic conduct or sexual abuse of toddlers
- A large number of images (600+ photos/videos)
- Images distributed for monetary gain or through peer-to-peer networks
There are also mandatory minimums based on number of prior convictions:
- 5 years for first-time offenders
- 15 years for second offenses
- 25 years to life for third offenses
In 2016, the average federal sentence for receipt/distribution of child porn was around 8 years for first-time offenders. But with an experienced federal sentencing lawyer, there are ways to argue for much lower sentences in many cases.
How Lawyers Fight for Lower Sentences
Skilled federal child pornography lawyers know how to craft persuasive, emotionally compelling sentencing arguments to convince judges to go well below guidelines.Common strategies include:
Highlight Mitigating Personal Factors
- Addiction: Framing child porn activities as compulsive rather than predatory.
- Mental health: Presenting diagnoses like depression, OCD or trauma that help explain criminal behaviors.
- Background: Discussing life circumstances that may have contributed to viewing child porn, like loneliness, family problems, lack of education or career success.
Challenge Flaws in Sentencing Scheme
- Argue the “receipt-possession” paradox – receiving child porn images for free has a 5-year mandatory minimum, while simple possession has no mandatory minimum.
- Dispute unproven assumptions linking possession of child porn to contact offenses against children. Argue sentences are disproportionate compared to penalties for violent crimes.
Negotiate Favorable Plea Agreements
Propose a binding plea deal where prosecutors agree to:
- Reduce charges from receipt to simple possession
- Limit number of images considered as “relevant conduct”
- Not pursue sentencing enhancements
Experienced federal sentencing lawyers thoroughly understand these intricacies. In some cases, they may successfully argue for variances and departures from guidelines. Certain mitigating factors like those described earlier may justify lighter sentences in rare cases.And in all cases, competent defense lawyers can employ other strategies – like negotiating plea bargains for lesser charges – to still minimize penalties.
The key is understanding all legal options should still be fully pursued. Building an effective defense strategy requires a multi-faceted approach focused on humanizing the defendant.
Building an Effective Defense Strategy
Fighting federal child pornography allegations requires a multi-faceted defense strategy focused on uncovering all possible weaknesses in the prosecution’s case.Potential angles to challenge charges include:
Suppress Evidence Due to 4th Amendment Violations
- Argue flaws in the search warrant affidavit, like unreliable informants.
- Dispute if there was valid consent to search devices.
- Challenge if police exceeded scope approved in warrant.
Contest Government’s Forensic Analysis
Retain independent computer forensics experts to review electronic evidence and raise doubts about:
- Whether files were knowingly downloaded or just cached temporarily in internet history.
- If relevant conduct enhancements for number of images are proper.
- When images were actually accessed or if they were even accessible.
Present Evidence Questioning Intent
Gather information showing the defendant:
- Did not actively seek out child porn and it was received accidentally.
- Has mental health issues impacting intent and ability to control behavior.
- Took remedial actions like deleting files or seeking counseling.
The Importance of a Skilled Federal Defense Lawyer
Facing a federal child pornography investigation is scary. Mandatory minimums seem harsh, and you may feel tremendous shame about the situation.However, experienced lawyers know how to humanize defendants and convince judges to impose fair sentences well below guidelines in many cases. They identify weaknesses in the prosecution’s case and employ every possible legal strategy to achieve the best outcome.Having an adept federal defense lawyer makes all the difference in navigating this complex area of law and avoiding extremely long sentences after a conviction. It’s critical to consult with an attorney immediately if you or a loved one is charged with a federal child pornography crime.
Frequently Asked Questions
What is the average sentence for child porn charges?
For first-time offenders facing federal child porn possession charges, the average sentence is around 4-5 years in prison. But with an experienced lawyer, many defendants receive probation instead of imprisonment.For distributing/receiving child pornography, average sentences rise to around 8 years for initial convictions. But again, skilled counsel can often convince judges to go far below guidelines.