Five gold stars representing a 5-star rating.
Schedule a Consultation

Federal Child Pornography Charges

Federal Child Pornography Charges

Are you under investigation for suspected viewing of child pornography? Have federal prosecutors charged you with child pornography offenses or have they executed a search warrant at your home, business or on one of your online accounts? Child pornography offenses constitute some of the most serious crimes under the law due to the devastating effects they can have on child victims. A conviction can lead to significant consequences for an offender, including prison time, substantial fines, restitution penalties and sex offender registration requirements. Contact Frank & Juengel Law Group P.C., for an initial case evaluation with a dedicated St. Louis sex crimes defense lawyer to discuss your legal options for seeking a favorable resolution to federal child pornography charges.

Understanding Federal Child Pornography Laws

Child pornography includes any visual media that depicts a minor under 18 in a sexual situation for the viewer’s sexual arousal, stimulation, or gratification. “Sexual situations” can include explicit sexual conduct or a lewd and lascivious display of genitalia, breasts, buttocks, or pubic areas. The federal child pornography statute makes it illegal for a person to:

  • Knowingly mail, transport, or ship child pornography by any means of interstate or foreign commerce (including by computer)
  • Knowingly distribute or receive child pornography or any material containing child pornography by interstate or foreign commerce or by mail
  • Knowingly reproduce child pornography through distribution by mail, computer, or interstate or foreign commerce
  • Knowingly advertise, promote, present, distribute, or solicit any material or purported material reflecting the sender’s belief or intended to cause another to believe the material contains an obscene depiction of a minor engaging in sexually explicit conduct or a depiction of an actual minor engaging in sexually explicit conduct
  • Knowingly sell or possess with intent to sell child pornography in the special maritime and territorial jurisdiction of the U.S. or on any land or building owned by, leased to, used by, or under the control of the U.S. government
  • Knowingly sell or possess with intent to sell child pornography obtained through the mail, computer, or interstate or foreign commerce
  • Knowingly possess or access any material containing child pornography in the special maritime and territorial jurisdiction of the U.S. or on any land or building owned by, leased to, used by, or under the control of the U.S. government
  • Knowingly possess or access any material containing child pornography obtained through the mail, computer, or interstate or foreign commerce
  • Knowingly distribute, offer, send, or provide to a minor any visual depiction or media that contains or appears to contain a minor engaging in sexually explicit conduct after sending such material via mail, computer, or interstate or foreign commerce to induce or persuade the minor to engage in illegal activity
  • Knowingly produce with intent to distribute via mail, computer, or interstate or foreign commerce any child pornography that contains an adapted or modified depiction of an identifiable minor
Federal law also makes it illegal for a person to engage in a child exploitation enterprise, defined as violating specific enumerated federal offenses with a minor victim as part of a series of felony violations constituting three or more separate incidents and involving more than one victim, committed in concert with three or more individuals.

Penalties for Federal Child Pornography Convictions

In most cases, a conviction under the federal child pornography statute carries a penalty of 5 to 20 years in prison plus a potential fine. However, this sentencing range increases to 15 to 40 years in prison if you have a prior state or federal conviction for aggravated sexual abuse, sexual abuse, or sexual conduct involving a minor, child pornography offenses, or sex trafficking of minors.
Knowingly possessing or accessing material containing child pornography in the special maritime and territorial jurisdiction of the U.S. or on any land or building owned by, leased to, used by, or under the control of the U.S. government carries a sentence of up to 10 years in prison, unless the materials depict a child under 12, in which case the maximum sentence increases to 20 years. Furthermore, having a prior child sex crime or child pornography conviction will result in a sentencing range of 10 to 20 years. Finally, knowingly producing child pornography containing an adapted or modified depiction of a minor carries a maximum sentence of 15 years. Sentences for operating a child exploitation enterprise include prison terms of 20 years to life.
In addition to prison time and fines, a federal child pornography conviction may also require you to register as a sex offender, potentially for life. Sex offender registration requirements can include regularly reporting to registry officials, updating your registration upon moving, obtaining new employment, or getting a new phone number, email address, or social media account. In some cases, the sex offender registry may make your information accessible to the public, or officials may have to notify the community when you move into a neighborhood.
A federal child pornography conviction will also require you to be supervised by the probation authorities from 5 year to life, even after you are released from prison. Supervision requirements may include no contact with minors (including your own children), no computer or internet usage, polygraph tests, and sex offender therapy.

Defenses to Federal Child Pornography Charges

The best defense to a child pornography charge is a good offense. A skilled child pornography lawyer knows which technical and legal issues to raise. A possible defense is to claim you have a reasonable expectation of privacy in your online computer activities. Another defense is to demonstrate that any images or videos were accidentally downloaded, or deleted, and therefore there was no intent to possess them. It may also be helpful to show that you are not the type of person who would be viewing illicit images of children. Developing these defenses as soon as possible, even while under investigation, is critical.
Federal law also defines several affirmative defenses to child pornography charges. For example, in some cases, you may defend against child pornography charges by showing that the person(s) engaged in sexually explicit conduct in the alleged materials were adults at the time of production and that the production of the material did not involve any minors. In cases involving accessing materials containing child pornography, you may assert a statutory good faith mistake defense, which requires you to show:
  • You possessed less than three images of child pornography, and
  • You promptly and in good faith took steps to destroy the images or reported them to a law enforcement agency and allowed that agency (and no other party) to access the images
Other defenses commonly raised in child pornography charges include:
  • The materials do not depict sexually explicit or lewd and lascivious conduct
  • Lack of actual or constructive possession of the materials, such as when another individual in your household obtained and possessed the materials
  • Illegal search and seizure of your residence or electronic devices due to lack of probable cause to support a search
  • Use of your computer or I.P. address to distribute materials without your knowledge, such as when another party gains access to your systems via hacking

Why Choose a Criminal Defense Attorney from Frank & Juengel Law Group P.C., for Help Facing Federal Child Pornography Charges?

When child pornography charges have put your reputation, freedom, and future on the line, hiring seasoned, dedicated legal counsel can make a difference in your case. Clients have trusted the legal team at Frank & Juengel Law Group P.C., to guide them through the criminal justice process when facing charges such as federal child pornography offenses because:

  • The firm is the number one defense firm for fighting child pornography offenses in the region. The attorneys have handled hundreds of child pornography offenses and have taken these cases to jury trial with a full acquittal. Very few other attorneys in the country have this experience.
  • Our attorneys have over 50 years of combined legal experience, giving us the knowledge and insight to advocate effectively for your rights and interests in the federal criminal justice system.
  • Our legal team takes a dedicated, thorough approach to client representation, preparing every case for trial to ensure we have a robust defense strategy to advocate on your behalf.
  • We have an established reputation among our peers in the legal profession, including among prosecutors. Our attorneys and firm have received numerous recognitions for their work, including the highest A.V. rating from Martindale-Hubbel and listings by The National Trial Lawyers Association, Super Lawyers, and The Best Lawyers in America.

Contact Us Today to Discuss Your Legal Options

When federal prosecutors have charged you with child pornography offenses, you need highly experienced legal advocates who can help you protect your rights, reputation, and future. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with a knowledgeable St. Louis criminal defense attorney to discuss how our team will guide you through the criminal justice process and vigorously pursue a favorable resolution to your charges.

  • RESUlTS Matter

not guilty of all charges

View Our Case Results
  • Practice Areas