03 Aug 23

The Facts About Federal Child Pornography Charges and Why an Experienced Attorney Is Essential

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Last Updated on: 7th August 2023, 07:48 am

Defining Federal Child Pornography Charges and How Courts Misinterpret Situations Related to Them

Individuals with federal child pornography charges have a tough road ahead of them, as these cases are some of the absolute hardest to defend. Individuals who are indicted with this charge are often publicly humiliated as well, even if they were falsely accused or set up. Federal child pornography offenses apply to anyone who possessed, received, viewed or distributed sexually-graphic visual depictions of a minor, meaning even accidentally viewing it could mean serious consequences. Charges can even apply in situations where a minor is depicted through CG imagery, an image of an adult actress is manipulated to look like a minor and/or with sexually-explicit drawings of minors.

The Impact of Digital Age on Federal Child Pornography Charges

The digital age has, unfortunately, made this charge significantly more common. It’s easier than ever to share images online, which is doubly true for child pornography. Individuals could find themselves accidentally viewing or receiving it without any intention to do so. Federal courts don’t differentiate accidents and intentional viewings of images depicting child pornography though, meaning people can be hit with the full brunt of the law for a simple accident or misunderstanding; This is why retaining an experienced criminal-defense attorney to defend someone against child pornography charges is essential

Misunderstanding of Circumstances by Courts

There’s also the fact that some people are trapped in a dark part of their life and develop dangerous habits on the internet. This doesn’t mean it’s legal to pursue these habits, but it’s important for courts to understand situations where a mentally-ill individual may have the charges, but also pose almost no threat to children. These people can be highly-professional individuals who made a mistake and courts won’t always understand that either.

What Penalties One Could Face If They’re Convicted of Federal Child Pornography Charges

There are US sentencing guidelines that federal courts will strictly follow for child pornography charges. They specifically apply to cases involving possessing, receiving and/or distributing child pornography. The sentencing follows a very specific system that will affect how long a prison sentence is, but all prison sentences will start a mandatory minimum of five years, with a maximum of 20. Sentences become harsher if the individual was involved in the making of the work, as the mandatory minimum jumps to 15 years with a 30 year maximum. Courts will enforce stricter penalties if the images depicting child pornography feature sexual abuse, sadistic or masochistic acts and/or the individual accused has prior convictions; These factors may lead to a life sentence.

How a Criminal Defense Attorney Can Fight Unfair Child Pornography Charges

Federal cases involving child pornography are challenging due to the high standard of evidence required for indictment. However, an attorney with extensive experience in defending these cases can make a significant difference by challenging the validity of the evidence, advocating for the rights of the accused, and ensuring due process is followed.

Professional Legal Assistance

If an individual is facing a child pornography charge, a determined prosecutor will already be building a case against them and they’ll have a challenging journey ahead. This is why an attorney is absolutely essential. Specifically, our firm can greatly help those wrongly accused and reformed offenders navigate this difficult path.