Production of Child Pornography
Production of Child Pornography
Federal authorities consider the production of child pornography one of the most serious criminal offenses, and those convicted of such charges can face significant punishment that includes decades in prison and sex offender registration requirements. If the federal government has indicted you or are investigating you on child pornography charges, you need experienced, dedicated legal counsel to help protect your rights, reputation, and freedom. The committed legal team at Frank & Juengel Law Group P.C. will stand by you and fight to win your case and achieve the best results under the law and facts of your situation.
Our criminal litigators work hard to provide an exceptional legal defense by preparing every case for the courtroom. Although our firm will evaluate the merits of a plea deal, we won’t shy away from taking your case to trial if it’s the best way to protect your future. Contact us today for an initial case evaluation to discuss your legal options for resolving your federal criminal charges for the production of child pornography.
Understanding Federal Child Pornography Laws
Child pornography offenses concern the transportation, distribution, or reception of materials containing child pornography through the mail, across state lines, or via the internet. Production of child pornography is considered the most serious child pornography offense. The law considers child pornography to include any visual media that depicts people under 18 engaged in sexual situations for a viewer’s sexual stimulation or gratification. Sexual situations can include explicit sexual conduct, nudity, or a lascivious display of a minor’s intimate areas. Child pornography can also include sexually explicit materials that use a minor’s image to create the materials, even if the depicted minor did not engage in the sexually explicit activity.
Federal law makes it illegal for a person to knowingly mail, transport, or ship child pornography by interstate or foreign commerce, including by computer, or to knowingly receive or distribute child pornography via the mail or interstate/foreign commerce. The law also makes it illegal for a person to knowingly:
- Reproduce child pornography for distribution through the mail or interstate/foreign commerce.
- Advertise, promote, present, distribute, or solicit materials in a manner that reflects the belief or causes one to believe that the material contains an obscene depiction of a minor engaging in sexually explicit conduct or a visual depiction of a minor engaging in sexually explicit conduct.
- Sell, possess, or access any material containing child pornography in the U.S.’s special maritime or territorial jurisdiction or on any land or building owned by, leased to, or under the control of the federal government.
- Distribute via the mail or interstate/foreign commerce any visual depiction that contains or appears to contain a minor engaging in sexually explicit conduct.
- Solicit a minor to participate in the production of sexually explicit materials.
- Produce child pornography (including an adapted or modified depiction of an identifiable minor) with the intent to distribute it via computer, the mail, or interstate/foreign commerce.
Penalties for Production of Child Pornography
In most cases, a person convicted on federal production charges will face a sentence of 15 to 30 years in prison, plus a potential fine and sex offender registration for life. However, when a defendant has a prior conviction under state or federal law for a sex crime involving a minor, the law increases the sentencing range to between 20 and 40 years. Furthermore, operating a child exploitation enterprise carries a sentence of 20 years to life; the law defines a “child exploitation enterprise” as a series of felony violations constituting three or more separate incidents involving more than one victim, committed in concert with three or more parties.
A federal conviction for the production of child pornography will require the person to register as a sex offender and lifetime supervision. Sex offender registration and supervision requirements can include regular reporting to probation/parole officers for life, community notification of your sex offender status, and restrictions on places where you may live or jobs you can hold.
Finally, a conviction for producing child pornography can have long-lasting consequences on your personal and professional life. The stigma of a criminal record containing a child pornography conviction can disqualify you from specific jobs and make it challenging to obtain employment or housing, since your conviction will appear in background checks.
Aggravating and Mitigating Factors in Sentencing
Other factors can also lead to an increased sentencing range for a federal child pornography conviction, such as producing materials depicting a minor under 12. Federal courts rely on the Advisory Sentencing Guidelines to identify a sentencing range for a defendant based on the offense level of the defendant’s crime and the defendant’s criminal history.
When sentencing a defendant, a federal court must consider statutory sentencing factors to fashion a sentence tailored to a defendant’s specific case, background, and rehabilitative needs. Courts may consider aggravating factors like the nature and circumstances of the offense, the need to deter future criminal conduct, and the need to protect the public. However, courts may also consider mitigating factors such as a defendant’s acceptance of responsibility or substantial assistance to prosecutors in other criminal cases.
Defenses to Production of Child Pornography Charges
Federal child pornography laws include specific affirmative defenses that a person may raise against a charge of production of child pornography. These defenses include:
- The defendant produced the materials using adults engaged in sexually explicit conduct.
- The defendant did not use any minors to produce the materials.
- A defendant possessed less than three items of child pornography and, promptly and in good faith, allowed no party other than a law enforcement agency to access the items and either reported the items to law enforcement or took reasonable steps to destroy the items.
- The defendant did not produce the item.
In some cases, a defendant may fight child pornography charges by arguing that law enforcement and prosecutors obtained evidence in violation of the defendant’s constitutional rights. A defendant may assert that investigators lacked probable cause to conduct a search that uncovered evidence or to support a warrant for a search. Defendants may also claim that investigators unlawfully obtained inculpatory statements or confessions, such as failing to inform a defendant of their rights to remain silent and obtain legal counsel before questioning or coercing statements from the defendant via duress or undue influence.
How Can a Criminal Defense Attorney Help You Face Production of Child Pornography Charges?
When federal prosecutors charge you with the production of child pornography, a criminal defense lawyer from Frank & Juengel Law Group P.C. can help you protect your rights and interests by:
- Investigating your charges and recovering the evidence that will be critical to building your defense.
- Identifying potential defense strategies to employ in your case
- Explaining your charges and potential outcomes to your case to help you make informed decisions about how to proceed.
- Challenging the government’s case at each step, including filing motions to exclude evidence or dismiss your charges, where appropriate
- Pursuing every avenue to obtain a favorable resolution to your charges, even when that means taking your case to trial to advocate your innocence.
Contact Our Firm Today to Discuss Your Legal Options
If you’ve been charged by federal prosecutors with the production of child pornography, you need experienced legal representation to defend your rights, reputation, and future. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with a knowledgeable criminal defense attorney to learn how we can help you pursue a favorable resolution to your charges.
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