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Philadelphia Federal Child Pornography Charges: Distribution, Production and Possession
Philadelphia Federal Child Pornography Charges: Distribution, Production and Possession
Child pornography is a serious crime that involves the sexual exploitation of minors. In Philadelphia, charges related to child pornography at the federal level include distribution, production, and possession.
Distribution of Child Pornography
Distributing child pornography refers to sharing, selling, transporting, transferring, disseminating, or otherwise trafficking images or videos of minors engaged in sexually explicit conduct. This can occur through a variety of means, including peer-to-peer file sharing programs, email, cloud storage services, social media, etc.
Under 18 U.S.C. §2252, it is illegal to knowingly distribute any visual depiction of a minor engaging in sexually explicit conduct. Someone charged with distribution faces very serious penalties, including at least 5 years and up to 20 years in federal prison.
Defenses
There are few viable defenses in child pornography distribution cases. However, possible defenses include:
- You did not actually distribute any illegal images/videos
- You were not aware the images/videos depicted minors
- The files were placed in your shared folder without your knowledge or consent
These defenses argue that you did not “knowingly” distribute child pornography. However, they can be very difficult to prove.
Production of Child Pornography
Producing child pornography involves creating or participating in the creation of sexually explicit images or videos of minors. This includes filming, photographing, editing, directing, or otherwise producing such content.
Under 18 U.S.C. §2251, it is illegal to produce any visual depiction involving the use of a minor engaging in sexually explicit conduct. Penalties for production offenses are severe, with 15-30 years in federal prison for a first-time offender.
Defenses
There are very few defenses that apply in federal child pornography production cases. Possible defenses include:
- You were coerced or blackmailed into producing the content
- The alleged minor lied about their age and had a fake ID showing they were over 18
- You had no involvement whatsoever in the production
These types of defenses dispute whether you actually “produced” child pornography. But again, they can be extremely difficult to prove.
Possession of Child Pornography
Possession of child pornography refers to knowingly having under your control sexually explicit images or videos of minors stored on any device or medium. This includes hard drives, external storage devices, DVDs, mobile devices, cloud accounts, etc.
Under 18 U.S.C. §2252A, it is illegal to knowingly possess any images of child pornography, including digital images, videos, photographs, books, drawings, etc. Penalties include up to 10 years in prison for possession.
Defenses
There are some defenses that may apply to refute a federal child pornography possession charge:
- The files were placed on your device without your knowledge
- You did not knowingly download or view any illegal images/videos
- You took immediate steps to delete the files upon discovery
These defenses attack the “knowing” element required to prove possession. You may be able to avoid conviction if you can show the files were downloaded accidentally or without your awareness.
Sentencing and Consequences
As outlined above, federal penalties for child pornography crimes are severe. First-time offenders often face mandatory minimum prison sentences of 5, 15, or even 30 years. Fines up to $250,000 are also common.
In addition to incarceration, those convicted will face:
- Sex offender registration for at least 15 years or life
- Lengthy supervised release restricting activities and internet access
- Destruction of computers and devices used in the crimes
- Loss of certain civil liberties and stigma
Given the extreme consequences, fighting federal child pornography charges should be a top priority for anyone facing allegations. An experienced defense attorney is critical.
Fighting Philadelphia Federal Child Pornography Charges
As a former federal prosecutor, I understand how to build strong defenses in child pornography cases. If you or a loved one is under investigation or charged, contact me immediately for a free and confidential assessment of your case.
I will conduct a thorough independent investigation, identify weaknesses in the prosecution’s case, raise viable defenses, negotiate for reduced charges or sentencing leniency if appropriate, and take your case to trial if necessary. My team and I will fight tirelessly to protect your rights, freedom and future.
Don’t wait to act – early intervention can make all the difference. Call me now at 215-555-1234 or contact me online to take the first step in building your defense today.
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