Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM.
TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE.
So your probably facing federal child pornography charges and your ABSOLUTELY TERRIFIED because you know about mandatory minimum sentences and sex offender registration. Maybe FBI seized your computer and found illegal images. Maybe there’s allegations you downloaded or distributed child pornography. Or maybe your accused of receiving illegal material through internet. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because child pornography charges under 18 USC 2252 carry 5-year MANDATORY MINIMUM for receipt/distribution and lifetime sex offender registration with no possibility of removal!
Let me explain the federal statutes with DEVASTATING consequences. Federal law prohibits production, distribution, reception, and possession of child pornography using interstate or foreign commerce! Multiple overlapping statutes create different charges with different penalties!
Three main statutes: 18 USC 2251 (production), 18 USC 2252 (distribution/receipt/possession), 18 USC 2252A (similar but covers “child pornography” broader than “sexual exploitation”)! Each has different mandatory minimums and maximum penalties!
Here’s what’s really scary – “using interstate commerce” means ANY use of internet! Downloaded images from website? Interstate commerce! Received file through email? Interstate commerce! Federal jurisdiction is automatic!
“Child pornography” is visual depiction of minor engaged in sexually explicit conduct! Minor means under 18 years old! Doesn’t matter if person looks older – if actually under 18, qualifies!
Three different charges with MASSIVELY different penalties!
Distribution under 2252(a)(1) and (2): 5-year MANDATORY MINIMUM, 20-year maximum for first offense! Prior conviction? 15-year mandatory minimum, 40-year maximum! Distributing includes sharing files peer-to-peer, emailing images, uploading to websites!
Receipt under 2252(a)(2): Also 5-year mandatory minimum, 20-year maximum! Receipt is broader than it sounds – knowingly receiving includes downloading from internet! Clicked link? Received! Downloaded torrent? Received!
Possession under 2252(a)(4): NO mandatory minimum for simple possession! Up to 10-year maximum for first offense! BUT if images involve prepubescent minor or minor under 12, maximum increases to 20 years! Prior conviction? 10-year mandatory minimum!
Prosecutors almost ALWAYS charge receipt not just possession! Why? 5-year mandatory minimum! If you downloaded images, that’s “receipt” carrying mandatory minimum even if intended only for personal possession!
Production under 2251 is MOST serious: 15-year mandatory minimum, 30-year maximum for first offense! Creating images, filming minors, inducing minors to engage in sexually explicit conduct – all production! Prior conviction? 25-35 years or life!
Supreme Court added critical knowledge element!
In X-Citement Video, Supreme Court held “knowingly” applies to BOTH sexually explicit nature AND age of performers! Must prove defendant knew material was sexually explicit and knew or believed performers were minors!
This creates defense! If genuinely didn’t know person in images was under 18, may negate knowledge element! Performer looked adult, website claimed all models 18+, reasonable belief they were adult – all relevant to knowledge!
But prosecutors use circumstantial evidence! File names mentioning ages, images obviously showing prepubescent children, large collections suggesting knowledge! Pattern of downloads from known child pornography sites shows knowledge!
“Knowingly receiving” means aware you’re receiving material! Inadvertent pop-ups? Not knowing receipt! Clicked link not knowing what would appear? May negate knowledge! But intentionally searching for and downloading? Clearly knowing!
2024 case United States v. Grabau addressed knowledge requirement for distribution enhancement! Court held government must prove by preponderance that defendant knowingly distributed – not just that files were in shared folder inadvertently!
Guidelines enhancements create MASSIVE sentence increases!
Base offense level 18 for possession but enhancements add levels geometrically! Number of images: 10-149 adds 2 levels, 150-299 adds 3, 600+ adds 5 levels! Large collections trigger major enhancements!
Images of minors under 12 adds 2 levels! Violent or sadistic images adds 4 levels! Distribution adds 2 levels! Use of computer adds 2 levels – but nearly all cases involve computers so this is automatic!
Pattern of activity adds 5 levels! Engaging in sexually explicit conduct with minor adds 6 levels! These enhancements stack! We’ve seen offense levels reach 35-40 from enhancements alone – that’s life imprisonment guideline!
Recent Sentencing Commission studies show average sentence is 103 months (over 8 years) despite many being simple possession cases! Enhancements push even first-time offenders into decade-long sentences!
Victims can seek restitution from every person who possessed their images!
Supreme Court in Paroline v. United States (2014) held defendants must pay restitution to victims but limited to proximate cause! Can’t hold single possessor liable for ALL victim’s damages when thousands possessed images!
Courts struggle with calculating proper restitution amount! Some divide total loss by number of known offenders! Others assess based on defendant’s relative role! Amounts range from $1,000 to $100,000+ per defendant!
Victims of widely-distributed images seek restitution from hundreds or thousands of defendants! Each possession case becomes restitution claim! Defendants ordered to pay therapy costs, lost wages, psychological treatment!
Even possession-only defendants face massive restitution! Never distributed? Doesn’t matter! Possession contributes to market and victim’s ongoing trauma! Liable for portion of victim’s total losses!
We challenge restitution by questioning Paroline factors! Number of images possessed, whether distributed, defendant’s role in creating demand – all relevant to proper amount!
Narrow affirmative defense that rarely succeeds!
If possessed fewer than three images AND promptly destroyed them or reported to law enforcement without allowing others to access, affirmative defense! All three requirements must be met!
“Fewer than three” is STRICT! Three images? Defense doesn’t apply! Four images? No defense! Must be two or fewer images total!
“Promptly” means immediately upon discovery! Kept images for days or weeks? Not prompt! Must take affirmative steps to destroy or report as soon as realize what they are!
Cannot allow ANY other person to access before destroying/reporting! Showed friend? Defense lost! Computer connected to internet with shared folder? Others may have accessed so defense fails!
This defense almost never works in practice! By time FBI investigates, almost always more than two images! Forensics show images existed for extended period! We pursue this defense only in rare cases with very small numbers immediately reported!
Consequences extend FAR beyond prison!
Lifetime sex offender registration! Must register in every jurisdiction where you live, work, or go to school for LIFE! Public registry with name, photo, address! Cannot be removed!
Supervised release typically 5 years to life! Conditions include computer monitoring, internet restrictions, polygraph testing, no contact with minors, residence restrictions! Violating any condition sends you back to prison!
Employment destruction! Sex offender registration makes employment nearly impossible! Cannot work around children! Many employers refuse to hire registered sex offenders! Professional licenses revoked – teaching, healthcare, law all prohibited!
Housing restrictions! Cannot live near schools, parks, daycare centers! Many cities have residency restrictions making it impossible to find legal housing! Some people become homeless due to restrictions!
Family separation! If have children, may lose custody or visitation rights! Cannot attend school events, cannot live with minor children! Grandparents cannot see grandchildren! Family relationships destroyed!
Defenses are LIMITED but must be pursued aggressively!
Lack of knowledge! If didn’t know images depicted minors or didn’t know was receiving them, critical defense! Inadvertent downloads, pop-ups, viruses causing downloads – all show lack of knowing receipt!
No possession or control! If computer shared by multiple people, challenge attribution! Family computer, public computer, unsecured wi-fi – others could have downloaded! Forensics can’t prove YOU accessed files!
Challenge identification of material as child pornography! Persons in images may have been adults who looked young! Government must prove actual age! Computer-generated images aren’t child pornography unless indistinguishable from real!
Fourth Amendment violations! Illegal search warrant, unlawful computer search, violations of search protocols! Suppress evidence obtained through illegal searches!
Challenge enhancements at sentencing! Distribution enhancement requires knowing distribution – not automatic from shared folder! Number of images may be inflated by duplicates or thumbnails!
Look, we’re not your typical lawyers who are uncomfortable with these cases. We’re former federal prosecutors who understand the DEVASTATING consequences of child pornography convictions require AGGRESSIVE defense from day one!
We understand computer forensics and how to challenge attribution! We know how to prove lack of knowledge! We can establish Fourth Amendment violations! Most importantly, we fight enhancements that create life-destroying sentences!
Other lawyers are afraid to defend these cases vigorously! They don’t challenge forensics! Their timidity leads to maximum sentences and enhancements that shouldn’t apply!
Call us RIGHT NOW at 212-300-5196
FBI computer forensics happening NOW – preserve evidence!
Former federal prosecutors – Sex crime defense specialists – Available 24/7!
Don’t speak to FBI about computer or internet use without experienced sex crime counsel! They assume guilt from moment of contact! Every statement about downloads or computer use becomes evidence! Forensics can be challenged but ONLY if you have expert immediately! Call us BEFORE speaking to anyone!
Remember – federal child pornography charges destroy lives forever through prison, registration, and collateral consequences. One download, one image received, one click can mean 5-year mandatory minimum plus lifetime registration. You need someone who understands both computer forensics AND federal sentencing. Call us NOW before charges are filed!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS