CHILD PORNOGRAPHY CHARGES
Boston Child Pornography Defense Attorney / Federal Child Porn Charges
Child pornography charges carry significant sentences in the federal system, with convictions that can lead to decades in prison.
Child pornography is not protected under the First Amendment, and is defined as any visual depiction of sexually explicit conduct involving a minor (under 18 years of age). This definition comes from Title 18, Section 2256 of the United States Code. Visual depictions include photographs, videos, undeveloped film and electronically stored data that can be converted into a visual image. Even computer generated images that appear to depict an identifiable minor count as child pornography under federal law.
It is important to note that “sexually explicit conduct” does not require that the image depict a child actually engaging in sexual activity. A naked picture will suffice, if it is sexually suggestive.
Boston MA Child Pornography Charges
The age of consent for sexual activity may vary state-to-state according to state law. However, any depiction of a person under 18 engaging in sexually explicit conduct is illegal according to federal law.
Most child pornography cases are prosecuted in state courts. With many crimes occurring on computers and the internet, the federal courts have jurisdiction over a vast majority of child pornography charges. The difference in terms of the potential sentences, between state and federal courts is enormous. No defendant wants to end up in federal court for child pornography charges. Even plea deals routinely end in long federal prison sentences.
If you are charged with state or federal child pornography charges, we can help. Call us today for a free, confidential, telephone consultation at 781-797-0555.
Federal Child Pornography Laws
Definition
Child pornography is defined by federal law as the following:
Any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old). Images of child pornography are also referred to as child sexual abuse images. Federal law prohibits the production, distribution, importation, reception, or possession of any image of child pornography.
There are a number of federal laws relating to child pornography. These include:
Title 18, Section 2251: Prohibits any person from enticing or coercing a minor to engage in, or have anything to do with, child pornography that crosses state lines. Essentially this includes any image that is online.
Title 18, Section 2251A: Prohibits any parent, legal guardian or other person in custody of a minor to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Title 18, Section 2252: Prohibits certain activities, including knowingly receiving or distributing child pornography by any means that affect interstate commerce. Again, this includes any image that is distributed using the internet.
Title 18, Section 2252A: Prohibits the receiving and distribution of child pornography through the mail and other shipping methods.
Title 18, Section 2260: Prohibits any person outside of the United States from knowingly producing, receiving, transporting, shipping, or distributing child pornography with intent to transmit the visual depiction into the United States.
Requirements for Conviction
If a person is accused of knowingly possessing child pornography, or if it has been mailed or moved in interstate or foreign commerce, there are several requirements for conviction. In order to be convicted, the government must prove each of these elements beyond a reasonable doubt:
- the defendant knowingly possessed material (i.e. book; videotape; photographs; computer disk)
- the material contained at least one image of child pornography
- that the defendant knew that the material contained an image of child pornography, and
- that the image of child pornography had been mailed, moved in interstate or foreign commerce.
Penalties
The punishment for a conviction will vary, depending on the charges, circumstances, the defendant’s criminal record, and other criteria. One this is for sure: any conviction for child pornography, especially in federal court, will lead to a lengthy prison sentence. For example, a first time offender who is convicted of producing child pornography under Title 18, Section 2251, faces a minimum sentence of 15 years, up to a 30-year maximum federal prison sentence. A first time offender convicted of transporting child pornography under Title 18, Section 2252 faces 5-20 years in federal prison. Previously convicted defendants obviously face harsher penalties. In addition, certain aggravating situations will add years to your sentence: images that are violent, sadistic or masochistic, or if the minor was sexually abused.
A person who is convicted of knowingly possessing child pornography can be sentenced up to 10 years in prison or up to 20 years in prison if the minor in the image is under the age of twelve.
A person who is convicted of distributing or receiving child pornography faces a 5 to 20 year prison sentence.
The sentences can be dramatically increased for a person with a prior conviction, where a person could face a sentence of no less than 15 years nor more than 40 years.
There are also fines and restitution payments that are often required to be made to the alleged victim. In addition, being convicted of a child pornography offense in federal court will require registration as a sex offender.
Further Facts & Considerations
Child pornography is a serious federal offense that carries heavy penalties if a person is convicted. However, if a jury finds that the defendant: (1) possessed fewer than three images of child pornography; and (2) promptly and in good faith took reasonable steps to destroy each such image and did not retain the image or allow any person to access the image or a copy of the image (or reported the matter to a law enforcement agency and provided that law enforcement agency access to each such image), then the jury is instructed to find the defendant not guilty.
It should also be noted that the “safety valve” law does not apply in federal child pornography cases. This law refers to an authorization under the U.S. Federal Sentencing Guidelines that allows for a sentence below the statutory minimum for certain nonviolent, non-managerial drug offenders with little or no criminal history.
Defense Attorneys for Child Pornography Charges
If you are charged with state or federal child pornography charges, we can help. Call us today for a free, confidential, telephone consultation at 781-797-0555.
Source: http://www.justice.gov/criminal/ceos/citizensguide/citizensguide_porn.html
