With the explosion of the technology in today’s society, child pornography related federal criminal charges have increased in frequency, justifying the funding of numerous sex crimes task forced federally and locally, and legal representation for the protection of the accused.
However, every year in the United States, hundreds of innocent people are charged in connection with possession of child pornography and are usually surprised when they’re arrested, embarrassed, and jailed. This if often due to the offender not being aware of the content on their digital devices.
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One set of cases involves owner(s) of certain comic books which were said to have illustrations in them which depicted provocative images of children. Cases like these have spurred a discussion about how children are illustrated in media, and whom to hold to account for potential violations of the federal sex crime laws.
Others may be guilty as charged, but also deserve to have their civil rights sustained, and protected from a potential railroading by the United States District Attorney’s Office and/or the United States Department of Justice.
Child Pornography Charges: Explanation
Any illustration, video, photo, or other image that depicts children in any manner that suggests any form of sexuality will be considered Child Pornography as far as federal law is concerned. Child pornography related criminal charges can also cover the creation of child pornography, possession of child pornography, and the distribution and/or reception of child pornography.
If you’re involved with child pornography in any way, whether by ignorance or intent, you can be charged for this sex crime under federal and Texas law. Also worth noting, possession of child pornography is not protected by the First Amendment of the United States Constitution.
Child Pornography: Criminal Penalties
If you’re convicted of a crime related to child pornography your penalty will be largely based on the nature of the offense, the frequency of said offense, and the criminal history of the offender, if any.
Criminal penalties related to the possession of child pornography range from a 5 year mandatory minimum prison sentence, with some exceptions, to a maximum of 40 years incarceration.
If a person was convicted of Possession of Child Pornography in federal court for the first time, they’ll face a maximum sentence of 10 years, however, with a prior conviction for a sex crime they’ll face a maximum sentence of 20 years.
However, if the defendant is convicted of distribution of child pornography, they’ll face a 20 maximum on a first offense, and up to 40 years in prison if they have a prior sex related criminal conviction on their record.
RELATED FEDERAL STATUTES: 18 USC 2252, 2252A, 18 USC 1466A
Child Pornography: Defending You in Federal Court
Contact our Federal Defense Lawyers at 281-280-0100
The Law Offices of Tad Nelson & Associates’ federal defense team, led by former United States prosecutor Amber R. Spurlock, is interested in hearing your side of the story if you or a family member are under investigation for any federal sex crime.
Our legal team understands the law, how to apply a solid defense strategy to a felonious sexual offense, and how to challenge electronic evidence which may turn out to prove your innocence.
Being accused of a crime doesn’t mean you’re guilty.
Being guilty doesn’t mean you should face maximum sentencing.
