Defending Against Federal Child Pornography Charges in NYC

Defending Against Federal Child Pornography Charges in NYC

Being charged with a federal child pornography crime can be an incredibly scary and overwhelming experience. However, with an experienced defense attorney on your side, it may be possible to fight the charges and protect your future.

Federal Child Pornography Laws

There are several federal statutes that prohibit the production, distribution, receipt and possession of child pornography:

• 18 U.S.C. § 2251 prohibits sexually exploiting a minor for the purpose of producing visual depictions of child sexual abuse.
• 18 U.S.C. § 2252 criminalizes knowingly transporting, receiving, distributing, reproducing for distribution, or possessing visual depictions of minors engaging in sexually explicit conduct.
• 18 U.S.C. § 2252A prohibits knowingly accessing child pornography with intent to view, or knowingly possessing or knowingly accessing with intent to view child pornography, as well as certain activities relating to material constituting or containing child pornography..

Violating any of these laws can lead to severe criminal penalties. The government does not need to prove that you produced the images yourself or had physical contact with a minor to convict you of a child pornography offense. Simply downloading, viewing or sharing such content is illegal.

Common Defenses Against Child Pornography Charges

While child pornography charges should always be taken very seriously, there are defenses your attorney may be able to raise on your behalf:

You Did Not “Knowingly” Access the Images

For a conviction, prosecutors must prove you knowingly possessed, received or distributed child pornography. Your lawyer may argue you inadvertently or accidentally accessed the illegal content without realizing it.

The Images Do Not Depict a Real Minor

If analysis of the images in question determines they are artificially created or do not involve real minors, then they may not meet the legal definition of child pornography under federal law.

You Did Not Intend to View or Share the Images

You may have a defense if you took immediate steps to delete the material after realizing what it was. Your lawyer can argue you did not purposefully intend to access child pornography.

Illegal Search and Seizure

If law enforcement violated your Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained improperly may be excluded.

You Were Coerced or Entrapped

It’s possible to argue you were manipulated or pressured into committing the offense by government agents or informants. However, this is a very difficult defense to prove.

The Role of Your Criminal Defense Lawyer

Facing child pornography charges puts your future at stake. An experienced defense lawyer will aggressively defend your rights at every stage, including:

• Negotiating with prosecutors to potentially have charges reduced or dismissed
• Filing motions to suppress evidence due to constitutional violations
• Conducting an independent investigation of the allegations
• Retaining computer forensics experts to analyze digital evidence
• Advising you on whether to take a plea deal or go to trial
• Cross-examining witnesses and challenging the prosecution’s case if a trial occurs
• Presenting evidence and defenses that show your innocence or raise reasonable doubt
• Advocating for the lowest possible sentence if you are convicted

Having an aggressive defense lawyer makes all the difference in how your case plays out. Do not say anything to law enforcement without your attorney present.

Potential Penalties if Convicted

The penalties for federal child pornography convictions are severe. You face:

• A mandatory minimum prison sentence of 5-20 years per offense
• Fines up to $250,000 per offense
• Supervised release for at least 5 years up to life after prison
• Registration as a sex offender

With multiple charges, sentences often stack consecutively. You could be imprisoned for decades and spend the rest of your life under supervision.

Steps to Help Your Case

While awaiting trial, it’s important to take proactive steps to help your defense, such as:

• Be cooperative with your lawyer and remember they are on your side
• Do not try to destroy evidence or obstruct the investigation
• Do not communicate with co-defendants or witnesses about the case
• Avoid social media posts or statements about the allegations
• Seek counseling and treatment to demonstrate you are committed to rehabilitation
• Continue working and comply with all conditions of your pretrial release

Following your lawyer’s advice is critical, as anything you do or say can impact your case. With an experienced federal criminal defense attorney guiding you, it may be possible to avoid harsh mandatory minimum sentences and preserve your future.