DISTRIBUTING OR RECEIVING CHILD PORNOGRAPHY
FEDERAL LAW ON THE DISTRIBUTION OR RECEPTION OF CHILD PORNOGRAPHY
18 USC 2252 is the federal statute that sets forth the law on distributing or receiving child pornography. There are a few key acts that this statute makes illegal. These include:
- Transporting, shipping, receiving, distributing, or reproducing child pornography through interstate or foreign commerce,
- Selling or possessing child pornography that has been shipped or transported through interstate or foreign commerce, and
- Knowingly accessing child pornography with intent to view it.
Note that a federal prosecutor can bring criminal charges under federal law when an offense occurred in interstate or foreign commerce. A crime takes place in interstate or foreign commerce, for example, if an offender uses the U.S. mail system to transport child pornography across state or international borders. In addition, federal charges may result when an accused is suspected of using the internet to commit an offense.
PENALTIES FOR DISTRIBUTING OR RECEIVING CHILD PORNOGRAPHY
The following are some of the penalties for violating 18 USC 2252:
- Transporting, distributing, receiving, or reproducing child porn can result in 5-20 years in prison and fines,
- Selling or possessing child porn can result in up to 10 years in prison and fines, and
- Accessing child porn with intent to view it can result in up to 10 years in prison and fines.
Note that defendants will receive more severe penalties if they have prior convictions under either state or federal law.
DEFENSES TO DISTRIBUTING OR RECEIVING CHILD PORNOGRAPHY CHARGES
Fortunately, people charged with a child pornography offense can contest the charge with a legal defense. A common defense is for an accused to show that they did not “knowingly” transport, distribute, sell, possess, or access child pornography. An accused can also show that the individuals depicted in any child pornography images or depictions were not minors.
Your criminal defense attorney may also try to show that the authorities somehow violated your constitutional rights. For example, it’s possible that law enforcement:
- Arrested you without probable cause,
- Coerced a confession, or
- Arrested you after conducting an unlawful search and seizure.
If any of the above occurred, a judge may reduce a charge or dismiss a charge in its entirety.