NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is child sexual abuse material
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience in federal criminal defense. We’ve handled cases that captivated national attention – Anna Delvey’s Netflix series, the Ghislaine Maxwell juror misconduct case, high-profile federal prosecutions that other attorneys said were unwinnable. If you’re reading this article, you probably already know how serious your situation is.
Child sexual abuse material cases – CSAM cases, what used to be called child pornography charges – are treated as the most serious federal crimes short of murder. The penalties are devastating, the prosecution is relentless, and the consequences reach far beyond prison time. Federal agents don’t investigate these cases looking for reasonable doubt. They build cases assuming you’re guilty, and they have resources most defendants can’t imagine.
Federal Prosecutors Don’t Negotiate Like They Used To
In 2025, the Department of Justice is more aggressive than ever on CSAM prosecutions. Operation Restore Justice, announced in May 2025, resulted in 205 arrests across all 55 FBI field offices in just five days. That’s the kind of coordinated enforcement you’re up against – federal prosecutors working with FBI agents, Homeland Security investigators, local police, and ICAC Task Forces all focused on one goal: convictions.
The statutes themselves show you how serious the government considers these charges. Under 18 U.S.C. § 2252A, receiving or distributing CSAM carries a mandatory minimum of 5 years in federal prison for first-time offenders – and that’s just the floor. Maximum sentences reach 20 years. If you have any prior conviction related to child exploitation or certain sex offenses, that mandatory minimum jumps to 15 years with a 40-year maximum.
Possession charges – which many defendants think are “less serious” – still carry up to 10 years for a first offense under the right circumstances. And if you’re a repeat offender on even a possession charge, there’s a 10-year mandatory minimum waiting for you.
The Sentencing Guidelines Stack Against You
Mandatory minimums are only the beginning. Federal sentencing under the guidelines – specifically § 2G2.2 for CSAM offenses – is designed to pile enhancements on top of enhancements until you’re looking at decades behind bars.
The base offense level for possession starts at 18, which already puts you at 27-33 months before any enhancements. But enhancements are nearly automatic in 2025. U.S. Sentencing Commission data shows that over 95% of CSAM defendants receive enhancements for using a computer – because of course you used a computer, it’s 2025. Over 95% also get enhanced for images depicting minors under age 12, because those images are everywhere in these cases.
Then come the other enhancements that apply in most cases: 84% of defendants get hit with enhancements for sadistic or violent content or images of infants and toddlers. 77% face enhancements for possessing 600 or more images – a threshold so low it’s almost meaningless given how digital files are collected and stored. Each enhancement adds 2-4 offense levels, and when you’re already starting at level 18, you can hit level 35 or higher fast. That’s 168-210 months under the guidelines – 14 to 17 years in prison.
The technology itself works against defendants. Peer-to-peer file sharing, cloud storage, devices that automatically sync – these things turn a possession case into a distribution case without you ever intending to distribute anything. Federal prosecutors will argue that making files available in a shared folder constitutes distribution, even if you never actively sent images to another person. That distinction – possession versus distribution – is the difference between 10 years maximum and 20 years maximum, with a 5-year mandatory minimum kicking in for distribution.
Your First Mistake Is Talking to Investigators
When federal agents show up at your door with a search warrant – or worse, when they approach you for a “voluntary interview” – your instinct might be to explain, to cooperate, to show them you’re not a bad person. That instinct will destroy your case.
Federal investigators already have evidence before they contact you. They’ve been monitoring IP addresses, they have forensic images of file sharing activity, they’ve received tips from the National Center for Missing and Exploited Children about images uploaded to cloud services or social media. The interview isn’t an investigation – it’s evidence collection against you.
Defendants say things like “I didn’t know those files were there” or “I was just curious” or “I have a problem and I need help.” Federal prosecutors use every single one of those statements at trial or in plea negotiations. Admissions, even partial ones, eliminate your ability to challenge the search, to challenge the forensic analysis, to challenge whether the government can prove you knowingly possessed or distributed the material.
At Spodek Law Group – we’ve seen prosecutors turn ambiguous evidence into convictions because a defendant gave a statement without a lawyer present. We’ve also seen cases where the evidence looked overwhelming, but forensic analysis revealed problems with how agents accessed devices, whether searches exceeded warrant scope, or whether files were actually accessed versus just present on a hard drive. You can’t challenge any of that if you’ve already confessed.
What Defense Looks Like in Federal CSAM Cases
These cases are rarely defensible on the facts – if agents found images on your devices, the question becomes whether the search was lawful, whether the images meet the legal definition of CSAM, and whether the government can prove you knowingly possessed or distributed them. But there’s still work to be done, and it matters enormously for sentencing.
Fourth Amendment challenges sometimes succeed when agents exceeded the scope of a warrant, when they searched devices not covered by the warrant, or when initial searches were based on illegal surveillance. Digital forensics experts can challenge how agents accessed encrypted files, whether timestamps are reliable, or whether malware or remote access could account for files on your system.
More often the defense focuses on sentencing. Challenging enhancements – arguing that the number of images is inflated because of duplicates or thumbnails, that not all images meet the legal definition of CSAM, that certain content doesn’t qualify as sadistic or involving prepubescent minors – can reduce your guideline range significantly. A reduction of 4 offense levels might cut 5 years off your sentencing range.
In cases where the evidence is strong – which is most cases by the time you’re indicted – the defense becomes about humanizing you to the judge, showing mental health treatment, demonstrating that you’re not a contact offender, negotiating for the lowest possible count of conviction. Prosecutors typically charge multiple counts under 18 U.S.C. § 2252 or 2252A, and which count you plead to can determine whether you face a mandatory minimum and how high your guideline range goes.
We’ve had former federal prosecutors on our team – people who used to build these cases from the government side. They know how agents investigate CSAM offenses, what mistakes get made in forensic examinations, where warrants get sloppy, and what mitigating arguments actually resonate with judges who’ve sentenced dozens of CSAM defendants. That inside knowledge matters when you’re trying to avoid a 15-year mandatory minimum or when you’re fighting to get a sentence below the guidelines.
The Consequences Don’t End With Prison
Federal CSAM convictions come with supervised release – usually 5 years to life after you get out of prison. Supervised release for sex offenses means restrictions on where you can live, where you can work, who you can have contact with, what internet access you’re allowed. Probation officers monitor your computer use, restrict your access to children (including your own children in some cases), and can send you back to prison for violating conditions.
Sex offender registration follows automatically. Federal conviction requires registration in whatever state you live in, and registration requirements vary but typically last 15 years to life. That’s public – your address, your photo, your offense details posted online for employers, landlords, and neighbors to see.
Employment becomes almost impossible in many fields. Licensing boards revoke professional licenses. Background checks eliminate white-collar jobs. Even after serving your sentence, you’re marked permanently.
Family courts use these convictions to terminate parental rights or restrict custody and visitation. Immigration consequences for non-citizens are automatic – CSAM convictions are aggravated felonies that lead to deportation without possibility of relief in most cases.
This is why early representation matters. Not because we can make the case disappear – although sometimes we can – but because decisions you make in the first days after agents contact you determine whether you spend 5 years in prison or 20, whether you have supervised release for 5 years or for life, whether there’s any possibility of rebuilding afterward.
Federal CSAM Defense Requires Immediate Action
If you’re under investigation or you’ve been charged – don’t wait to see what happens. Federal prosecutors don’t charge cases they’re unsure about. If they’ve indicted you, they believe they have the evidence to convict, and they’re usually right. The time to build a defense is before you’re indicted if possible, or immediately after charges are filed if you’re already there.
We’re available 24/7 because we know these cases don’t follow business hours. Agents execute search warrants early in the morning. Arrests happen without warning. You need a lawyer who understands federal criminal procedure, who knows the sentencing guidelines inside and out, and who has experience negotiating with federal prosecutors in these specific cases.
At Spodek Law Group, we handle cases others say are unwinnable – that’s part of why we represented Anna Delvey, why we handled the Ghislaine Maxwell juror misconduct case, why we take on federal prosecutions with national media attention. CSAM cases are serious, the consequences are life-changing, and you need representation that understands what’s actually at stake.
Call us if you’re facing federal CSAM charges or if agents have contacted you for questioning. The decisions you make now – in the next hours and days – will determine what the rest of your life looks like.