If you or a loved one have been arrested for a federal child pornography offense, you may need a competent federal criminal trial attorney. Being accused of a child pornography crime can adversely affect your job, personal life and standing in the community. If convicted of a federal child pornography charge you may be facing harsh penalties. It is important to retain an experienced attorney who can help you understand the charges and fight to obtain the best possible result in your case.
What Is the Definition of Child Pornography?
Both state and federal laws define child pornography as any visual depiction of sexually explicit conduct involving a person under the age of 18. Both prohibit the knowing distribution, possession, production, publication, duplication, sale or printing of child pornography in any form.
Is Child Pornography a State or Federal Offense?
If you were arrested for possession of child pornography by a state law enforcement agency, state child pornography laws apply. If you were arrested by a federal law enforcement agency, federal child pornography laws apply. Child pornography can be a state or federal offense, depending on the facts and circumstances of the case.
Why are Federal Child Pornography Offenses Different?
Federal laws apply to a child pornography case if the offense occurred in interstate or foreign commerce, which includes using the postal service or the internet to commit the crimes. The penalties for a federal child pornography conviction are much harsher than the penalties for state convictions. Both sets of laws result in lifetime registration as a sex offender but there are differences in potential prison time and fines.
What Are the Federal Penalties for Possession of Child Pornography?
Under Title 18 Section 2252, a conviction for possession of child pornography is a felony punishable by not less than five years up to 20 years in federal prison and a $250,000 fine. A second conviction can result in not less than fifteen years up to 40 years in federal prison.
What Are the Federal Penalties for Distribution of Child Pornography?
Under Title 18 Section 2252(a)(4)(b), a conviction for distribution of child pornography is punishable by up to 40 years in federal prison and a $250,000 fine.
What Are the Federal Penalties for Production of Child Pornography?
Under Title 18 Section 2251, a conviction for enticing a minor to produce child pornography is punishable by not less that fifteen years up to 30 years in federal prison and a $250,000 fine.
Why should I contact a Federal Criminal Defense Attorney?
If you or a loved-one have been arrested for a state or federal child pornography offense it is critical that you get help from an experienced criminal defense attorney. The process is complex and requires someone with experience and knowledge concerning this very serious charge. An experienced criminal defense lawyer may be able to get the case dismissed or avoid a lengthy prison term.
