The Meaning of America

Of the crimes people are accused of, possession of child pornography is one of the worst. It’s a severe crime both at the state and federal levels. You can face substantial penalties and lengthy prison sentences if you are convicted.

Many people do not understand what it means to be charged with a federal crime, much less what it means to get charged with possession of child pornography in federal court. However, the federal government does prosecute these crimes when possible, so it’s vital to understand how the federal government works in these types of cases.

If you or someone you love is facing devastating federal child pornography charges, then find out all you can to ensure your rights under the law.

Possession of Child Pornography

How does federal law define the crime of possession of child pornography? Under federal statutes, someone perpetrates the crime of possession of child pornography when they have in their possession videos or images of a minor engaging in conduct that is sexually explicit.

The statutes further detail that graphic sexual intercourse includes the public display of the pubic area, breasts, or genitals. It also includes graphic acts of masturbation, masochistic or sadistic abuse, or bestiality. Finally, the explicit exhibition of the pubic area or genitals also falls under the purview of this law.

What Are The Penalties In a Federal Charge?

The potential statutory federal penalties for possession of child pornography depend on what the specific charges are. There are two possible federal possession charges:

• Possession of Child Pornography Depicting a Minor Age 12 or Older. The maximum punishment in federal court for this offense is imprisonment for up to 10 years.
• Possession of Child Pornography Depicting a prepubescent Minor who has not attained 12 years of age. The maximum punishment in federal court for this offense is imprisonment for up to 20 years. Notably, most defendants who are charged with possession of child pornography are alleged to have photos or videos or minors who have not attained 12 years of age.

The determination of the specific sentence is left to the discretion of the Federal District Court Judge. In determining the appropriate sentence under the Federal Sentencing Guidelines, the Court is required to consider factors that include:

• How many images the defendant had in his possession;
• The nature of the images possessed by the defendant, whether the images portrayed sadistic or masochistic conduct or other depictions of violence
• Whether the images portrayed the sexual exploitation of an infant or toddler
• Whether the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor;
• Whether a computer was utilized in the commission of the crime;
• Whether the defendant distributed the pornography

Several Federal law enforcement agencies around the country are continually actively engaged in investigating child pornography cases. The potential punishments have steadily increased. There are solid arguments that the potential sentences are far too high. It is not unusual to see someone convicted of a child pornography case receiving a higher sentence than someone convicted of a crime of violence.

Receipt and Distribution of Child Pornography is also a very serious federal offense. Advertising Child Pornography is the Federal Government’s current favored charge. Advertising of child pornography carries a minimum sentence of 15 years in prison and a maximum sentence of 30 years. This is a developing area of law.

You can defend yourself against federal child pornography charges. The first thing you must do is find an experienced and knowledgeable attorney to help guide you through the federal criminal justice system. You need a lawyer that will work with you to formulate a defense against these charges. You need an experienced lawyer who knows where to look for possible weaknesses in the federal government’s charge. You need a lawyer that will fight to protect your liberty, as the federal government will be fighting to take your liberty away. While it may seem hopeless, do not give up hope. A dedicated and experienced lawyer can make a substantial positive impact on your behalf.