CHILD PORNOGRAPHY
CHILD PORNOGRAPHY UNDER FEDERAL LAW
Federal charges involving child pornography are quite severe and prosecutors often try to punish offenders under the full extent of the law. If you or a loved one is facing federal child pornography charges, contact an experienced criminal defense attorney now.
Federal laws list many different prohibitions when it comes to child pornography. For example, the law criminalizes the following acts, the:
- Production,
- Distribution,
- Reception, and
- Possession of an image of child pornography.
According to 18 U.S.C. Section 2251, it is illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of that conduct. Further, 18 U.S.C. Section 2251A prohibits any parent, legal guardian, or other person in custody of a minor to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
PENALTIES FOR CHILD PORNOGRAPHY
Child pornography convictions under federal laws involve severe penalties. Punishments and sentences are usually set forth in federal statutes. For example, a first-time offender convicted of producing child pornography will face 15 to 30 years in federal prison. A first-time offender convicted of transporting child pornography in interstate or foreign commerce will face five to 20 years in prison. Also, keep in mind that offenders will face more severe penalties if they have prior child pornography convictions.
DEFENSES TO CHILD PORNOGRAPHY CHARGES
Persons facing federal child pornography charges can challenge them with a legal defense. Please note that evidence supporting these types of charges is often gathered during a search by law enforcement personnel. The Fourth Amendment to the U.S. Constitution, though, declares that we have the right to be free from “unreasonable” searches and seizures. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any child pornography charges could get reduced or even dismissed.