Understanding Federal Child Pornography Distribution Charges in NY

Understanding Federal Child Pornography Distribution Charges in NY

Being charged with distributing child pornography is an extremely serious federal crime that can lead to decades in prison and a lifetime of consequences. However, these cases are also highly complex with many potential defenses.

Federal Child Pornography Distribution Laws

There are two main federal laws that prohibit distributing child pornography:

• 18 U.S.C. § 2252 – Certain activities relating to material involving the sexual exploitation of minors
• 18 U.S.C. § 2252A – Certain activities relating to material constituting or containing child pornography

These laws make it illegal to knowingly transport, ship, receive, distribute, reproduce, sell, possess with intent to sell, or promote child pornography across state or international lines, including by computer. “Distribution” includes sending, selling, trading, sharing, or posting links to child pornography online.

To be charged under these statutes, the material must meet the federal definition of child pornography – visually depicting a minor (under 18) engaged in sexually explicit conduct. This includes photos, videos, digital images, books, drawings, etc. The age of consent in New York is 17, but federal law applies to anyone under 18.

Penalties depend on the number of images, videos, previous convictions, and other factors. But distribution typically carries 5-20 years per count, with possible life imprisonment for repeat offenders. Just offering to distribute can lead to 15 years. Large collections (600+ images) face 15-40 years.

How Distribution Charges Arise

Federal prosecutors pursue distribution charges in several typical scenarios:

• Using peer-to-peer file sharing networks like BitTorrent to download or share child pornography
• Operating child porn websites or forums
• Sending, selling, or trading images via email, chat apps, social media, etc.
• Uploading images to cloud storage or websites

Defendants often claim they merely possessed the material but did not distribute it. However, making files accessible to others constitutes distribution in the eyes of the law, even if not actively sent or sold.

For example, federal agents monitor P2P networks by searching for child porn files being shared. They can download the material directly from a user’s computer and get their IP address, often leading to an arrest and distribution charges.

Common Defenses in Child Porn Distribution Cases

While child pornography distribution charges should always be taken very seriously, there are often mistakes made in the investigation process or technicalities that skilled defense attorneys can leverage to get charges reduced or dismissed. Common defenses include:

• Invalid warrant – If the search warrant used to seize computers and storage devices was flawed, that evidence may be suppressed.
• Illegal search – If devices were searched improperly or outside the scope of a warrant, evidence may be excluded.
• Misidentification – IP addresses do not always accurately identify a specific person or device, creating reasonable doubt.
• False positives – P2P software can sometimes download child porn without the user’s knowledge or consent.
• Lack of knowledge – Prosecutors must prove the defendant knowingly possessed and distributed illegal material.
• Entrapment – Undercover agents cannot induce or coerce a defendant into committing a crime.
• Free speech – Certain material that does not use real children may be protected speech under the First Amendment.

In addition, sentencing departures may be available under the federal guidelines for defendants with minimal criminal history or other mitigating factors.

Hiring an Experienced Federal Criminal Defense Lawyer

Facing federal child pornography distribution charges is extremely serious, but the complexity of these cases also allows skilled defense attorneys to negotiate better outcomes and even avoid convictions in some instances. An experienced lawyer can evaluate any potential defenses, navigate federal pretrial procedures, negotiate with prosecutors, and challenge evidence through motions and hearings. This provides the best chance at the least damaging resolution. Those charged with such offenses would be wise to secure experienced legal counsel immediately.

At the end of the day, anyone facing such allegations deserves compassionate yet aggressive representation to protect their rights, freedom and future. While the facts may seem daunting, the human impact of decades behind bars along with lifetime sex offender registration makes it critical not to simply give up hope.

If you or a loved one have been charged with distributing child pornography in New York or anywhere in the U.S., do not delay in contacting a federal criminal defense lawyer that specializes in these complex cases. The initial consultation is confidential and exploring options costs nothing. But early intervention can make a monumental difference in the ultimate outcome, even avoiding prison in some situations. Do not wait to start fighting back.