Distribution of Child Pornography
Distribution of Child Pornography Federal
Federal law enforcement agencies devote considerable resources to investigating and prosecuting individuals suspected of distributing child pornography through the Internet, mail, or interstate/foreign commerce. If you’re facing federal charges of distribution of child pornography, contact Frank & Juengel Law Group P.C., for an initial case evaluation with a knowledgeable sex crimes defense attorney We will discuss your legal options for protecting your rights, reputation, and freedom.
Understanding Federal Child Pornography Laws
Federal law prohibits the distribution of child pornographic materials. The child pornography statute makes it illegal to knowingly mail, transport, or ship via any means or facility of interstate or foreign commerce, including by computer or internet, any child pornography materials. The law also prohibits knowingly receiving, possessing, or distributing any child pornography or any materials containing child pornography using any means or facility of interstate or foreign commerce, including by computer.
The law also makes it illegal for a person to knowingly reproduce any child pornography through distribution through the mail or via any means or facility of interstate or foreign commerce, including by computer, or advertising or distributing through the mail or any means or facility of interstate or foreign commerce, including by computer, any material in a manner that reflects the belief or intended to cause another person to believe that the material contains an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.
Federal law also makes it illegal for a person to knowingly sell or possess with intent to sell any child pornography on U.S. property or lands or Native American territory or to knowingly sell or possess with intent to sell child pornography mailed, shipped, or transported through interstate or foreign commerce, including by computer or produced using materials mailed, shipped, or transported through interstate or foreign commerce.
The law further makes it a crime for a person to knowingly distribute to a minor any visual depiction, including any photograph, video, or computer-generated image, that depicts or appears to depict a minor engaging in sexually explicit conduct.
Finally, federal law outlaws knowingly producing with intent to distribute by any means of interstate or foreign commerce, including by computer, any child pornography that contains an adapted or modified depiction of an identifiable minor.
Penalties for a Federal Conviction for Distribution of Child Pornography
Violations of the federal child pornography statute carry a penalty of 5 to 20 years in prison. However, penalties can increase to 15 to 40 years imprisonment for a second or subsequent conviction under the federal child pornography statute or when a defendant has a prior state or federal conviction for sexual abuse involving a minor or ward or for the production, possession, transportation, or distribution of child pornography. Finally, distributing pornographic materials containing an adapted or modified depiction of an identifiable minor carries a penalty of up to 15 years in prison. Federal courts can also impose fines in addition to prison sentences for child pornography offenses.
A conviction for a federal child pornography offense may also result in the requirement to register as a sex offender upon release from incarceration. In some cases, a person convicted in federal court of distributing child pornography may become designated as a sexually violent predator, which can result in additional penalties such as commitment to a facility for mental health treatment.
A federal child pornography conviction can have long-term consequences beyond prison time, fines, or sex offender registration requirements. Having a conviction on one’s record can significantly restrict employment opportunities and make obtaining jobs, housing, or educational opportunities challenging.
Defenses to Federal Child Pornography Charges
People facing federal charges for distribution of child pornography may have defenses to fight against a conviction. Common defenses to child pornography charges include:
- Unlawful searches: Defendants may seek to have evidence of child pornography or distribution efforts excluded from a case by arguing that investigators obtained the evidence through an unlawful search unsupported by probable cause or a search warrant.
- Lack of intent: Federal child pornography laws require an offender to have knowingly committed the prohibited acts. Depending on the circumstances, showing that the defendant lacked the intent to commit the crime could be a viable defense.
- No distribution via mail or interstate/foreign commerce: A defendant may fight federal prosecution for the distribution of child pornography by showing that the alleged distribution did not occur through mail, computer systems, or interstate/foreign commerce. However, the defendant may still face state prosecution for other child pornography offenses.
- Materials contain no minors: Defendants may contest child pornography charges by proving that the materials only contain adults.
- Materials contain no sexually explicit depiction: A defendant may argue that alleged child pornography does not contain a sexually explicit depiction of a minor, such as a minor’s intimate parts, minors engaged in sexual acts, or other lewd or lascivious displays of a minor’s body or an altered depiction containing an identifiable minor’s image.
- Good faith defense: Courts sometimes recognize a “good faith” defense in which a defendant claims they inadvertently came into possession of child pornography and either promptly destroyed/deleted the materials or turned them over to law enforcement without allowing another party to access or view the materials.
How Can a Criminal Defense Lawyer Help You Face Federal Prosecution for Distribution of Child Pornography?
Facing prosecution on federal charges of distributing child pornography can be an incredibly stressful experience. Let a criminal defense attorney from Frank & Juengel Law Group P.C., support you during your case and advocate for your rights and interests by:
- Independently investigating your charges to find all available evidence that can help support your defense
- Evaluating your legal options and potential case strategies to pursue a favorable resolution to your charges
- Contesting the government’s case at each stage, including moving to exclude inadmissible evidence or to dismiss your charges for insufficient evidence
- Fighting as hard as needed to secure the best possible result under the circumstances of the case, even if that means going to trial
Why Choose Frank & Juengel Law Group P.C., for Your Case?
When you’re facing federal charges as serious as distributing child pornography, it’s crucial that you choose the right lawyer to defend you. People in these situations have trusted the attorneys at Frank & Juengel Law Group P.C., for experienced legal advocacy because:
- We have over 50 years of combined legal experience, which helps us develop innovative, tailored defense strategies for even the toughest cases.
- Our attorneys have a proven track record of securing fair results for clients facing federal sex crime charges. We prepare every case for trial so we can present a compelling defense at each stage.
- Our legal team has received recognition from organizations such as Super Lawyers, The National Trial Lawyers, and Martindale-Hubbell.
Contact a Child Pornography Defense Attorney Today for Experienced Legal Representation
If you’ve been charged with distributing child pornography by federal authorities, you need highly experienced attorneys to protect your rights and interests in federal criminal court. Contact Frank & Juengel Law Group P.C., today for a confidential consultation to discuss how our team can protect your rights and seek a fair resolution to your case.
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