Child Pornography
Accusations involving child pornography have become increasingly common since computers and the internet became ubiquitous. It has become increasingly simple to distribute and possess files, images, or videos either knowingly or unknowingly. The United States Sentencing Guidelines have several enhancements that can transform the sentence for even the lightest child pornography charge – possession or distribution – from a minimum of potentially five years in prison after conviction to ten years, or more. If it is a more serious charge such as producing child pornography, the minimum is fifteen years, and penalties can be significantly longer for other more serious charges.
What happens if you are charged with child pornography?
If you find yourself under investigation for child pornography related charges, you need a federal defense attorney immediately. The government will execute a search warrant and will almost certainly find anything that you have on your computer, and may find things that were on your computer in the past. This is not limited to images or videos. Information about IP addresses and other internet activity is equally relevant and will be used as evidence against you. The government has access to some of the most advanced technology available, especially when it comes to researching automated and networked systems. Fortunately, our law firm works with nationally renown and successful computer forensic examiners to counter the government’s IT investigators. Further, any statements you or anyone else makes will certainly be included in the evidence against you. What you think is a potentially innocent comment may be misconstrued and be the final piece of evidence that sways a jury to convict you.
You have the right to have an attorney present during any questioning, and you will almost certainly need to exercise that right whether you are guilty of a crime or not. Understanding how prosecutors approach these cases is critical to defending you, especially if the charges are spurious. Tim Bower Rodriguez understands how the federal government’s investigators and prosecutors work, and will use that knowledge to make sure your case has the best possible outcome.
What does federal law say about child pornography?
18 U.S. Code § 2256 spells out the definitions of the various terms used throughout Chapter 110 of the US Code. 18 U.S. Code § 2252A reads in part:
(a) Any person who—
(1) knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes—
(A) any child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;
(3) knowingly—
(A) reproduces any child pornography for distribution through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains—
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
shall be imprisoned not less than 5 years and not more than 20 years, unless they have relevant prior convictions, in which case he or she shall be imprisoned for not less than 15 years nor more than 40 years.
