POSSESSING CHILD PORNOGRAPHY
FEDERAL LAW ON THE POSSESSION OF CHILD PORNOGRAPHY
18 USC 2252(4) is the federal statute that sets forth the law on possessing child pornography. This law makes it a crime for you to knowingly:
- Possess child pornography, or
- Access child pornography with the intent to view it.
Note that to be guilty under this statute, the child pornography must have been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, or which was produced using materials which were mailed or so shipped or transported
A crime takes place in interstate or foreign commerce if, for example, 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 POSSESSING CHILD PORNOGRAPHY
Possessing child pornography, or accessing it with the intent to view it, is punishable by:
- Custody in federal prison for up to 10 years, and/or
- Significant fines.
Note that defendants will receive more severe penalties if they have prior convictions under either state or federal law.
DEFENSES TO POSSESSING CHILD PORNOGRAPHY CHARGES
Fortunately, people charged with possessing child pornography can contest the charge with a legal defense. A common defense is for an accused to show that they did not “knowingly” 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.