If you have been arrested for or charged with a federal child pornography crime, do not risk a conviction. Contact Seyb Law Group as soon as possible to speak to our experienced child pornography attorney about your case.
In Orange County, both state and federal law prohibits the production, receipt, possession, importation, and distribution of any image of child pornography, and depending on the circumstances surrounding a child pornography case, these charges can be filed in both federal and California state court.
Whether you are being charged at the state or federal level, child pornography charges require immediate intervention by a knowledgeable criminal defense attorney, or you could risk a conviction and the end of your life as you know it.
A child pornography conviction can have an adverse effect on nearly every aspect of your personal and professional life, causing irreparable damage to your reputation and destroying your relationships with friends and even family, in addition to possibly burdening you with a lengthy prison sentence.
AFFORDABLE CHILD PORNOGRAPHY DEFENSE ATTORNEY
Child pornography existed long before the Internet, but with the advent of the Internet and significant advancements in digital technology, the child pornography market has exploded in the United States, with pornographic images now readily available through social networking websites, gaming devices, photo-sharing sites, Internet forums, file-sharing sites, and even mobile apps.
Child pornography is a serious crime punished harshly under both federal and California state law and the penalties resulting from a federal child pornography conviction can be wide-reaching and long-lasting.
Additionally, any violation of child pornography laws can be accompanied by related criminal charges, including cybercrimes charges, and whether your child pornography case is being prosecuted in state or federal court, you need a criminal defense attorney on your side who has extensive trial experience and who understands both state and federal law as it applies to your case.
Not only has the proliferation of child pornography evolved in recent years; so too have the tools law enforcement officers use to investigate and charge defendants suspected of child pornography.
Allegations of child pornography occur more often than you might think, and if you have been wrongfully accused of federal child pornography, our attorneys may be able to negotiate with the prosecution to get the charges reduced to a lesser offense with less severe penalties.
Or, if child pornography charges have not yet been filed, we may be able to help you avoid being charged at all.
With more than 60 years of combined criminal defense experience, our attorneys at Seyb Law Group have the knowledge and expertise necessary to aggressively and skillfully defend you against federal child pornography charges and help you get the best possible outcome in your case.
Consult our lawyers today for a free evaluation of your federal child pornography charges.
FEDERAL CHILD PORNOGRAPHY
Child pornography charges are sometimes filed in state court, but there are certain factors that could trigger federal charges in a child pornography case.
Images of child pornography receive no First Amendment protection and are therefore considered illegal contraband under federal law, and federal jurisdiction applies to any child pornography offense that occurs in interstate or foreign commerce.
This includes using the United States Postal Service or another mail carrier to transport child pornography across state or international borders.
In truth, you don’t even have to physically carry child pornography across state or international lines to be charged with a federal crime.
Any time the Internet is used to commit a child pornography offense, federal law almost always applies.
Even if the pornographic image itself doesn’t travel across state or international borders, you could face federal child pornography charges if the materials, such as the phone used to take the image or the computer used to store the image, originated or previously traveled in interstate or foreign commerce.
Federal Child Pornography 18 U.S.C. § 2256
Under sections 2251, 2252 and 2252A of Title 18, United States Code, it is against the law to produce, distribute, receive or possess child pornography for the purpose of interstate or foreign commerce.
It is also a federal crime to persuade, entice or coerce a minor to engage in sexually explicit conduct for the purpose of producing child pornography or to attempt or conspire to commit a child pornography offense.
Additionally, 18 U.S.C. § 2251A prohibits any parent, legal guardian, or any other person in custody or control of a minor, from buying, selling or transferring custody of a minor for the purposes of producing child pornography, and 18 U.S.C. § 2260 prohibits any individuals outside of the United States from knowingly producing, receiving, shipping, distributing or transporting child pornography with the intent to import or transmit the pornography into the United States.
Under 18 U.S.C. § 2256, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor, or a person under the age of 18 (regardless of the age of consent for sexual activity in a given state).
This includes “photographs, videos, digital or computer-generated images indistinguishable from an actual minor,” as well as “images [that are] created, adapted, or modified, but [which] appear to depict an identifiable, actual minor.”
Under federal law, “undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions” of child pornography.
It is important to note that this definition of child pornography does not require that the pornography depict a minor engaging in sexual activity for federal charges to be filed, only that the image or video in question is “sufficiently” sexually suggestive.
PENALTIES FOR A FEDERAL CHILD PORNOGRAPHY CONVICTION
Federal law has an extremely wide reach when it comes to child pornography, and the punishment associated with the crime of federal child pornography can be far more severe than the punishment for the same crime under California state law.
Under 18 U.S.C. § 2251, for instance, a first-time offender convicted of producing child pornography in violation of federal law faces a potential prison sentence of 15 to 30 years, while a first-time offender convicted of transporting child pornography in interstate or foreign commerce in violation of 18 U.S.C. § 2252 faces a potential prison sentence of five to 20 years.
If you are found guilty of federal child pornography, the judge overseeing your case will be responsible for imposing a prison sentence that reflects the severity of the crime, and if any of the following factors apply to your case, your prison sentence could be significantly increased:
- The minor was sexually abused,
- The pornographic images are violent, sadistic or masochistic in nature, or
- You have a previous conviction for child pornography or sexual exploitation of a minor.
Depending on the specific details of your case, you could even find yourself facing life in prison for federal child pornography charges.
Sex Offender Registration Requirements
Individuals convicted of the crime of federal child pornography may be required to register as a sex offender as part of their punishment.
Title 1 of the Adam Walsh Child Protection and Safety Act of 2006 effectively established a national sex offender registration database called the Sex Offender Registration and Notification Act (SORNA).
The database is intended to monitor and track convicted sex offenders after they are released from prison, and also provides information about convicted sex offenders to the public and local and federal authorities, including the offender’s name, past offenses, and place of residence.
If part of your child pornography punishment includes a sex offender registration requirement and you knowingly fail to register or update your registration as required under SORNA, you could be charged with a separate federal crime.
FEDERAL CHILD PORNOGRAPHY DEFENSE
Federal court differs from state court a great deal, not only in the court procedures but also in the defense strategies criminal defense attorneys can use and the punishments that may result from a conviction, which is why it is imperative that you hire a criminal defense attorney who has experience defending cases in federal court any time you are facing federal child pornography charges.
A skilled criminal defense attorney will guide you through the process of fighting child pornography charges, from the moment you are arrested to the conclusion of your case and will help you avoid making mistakes that could end up hurting your case later on.
After being arrested for federal child pornography, the biggest mistake you can make is talking to the police, investigators or detectives without first consulting with a criminal defense attorney.
The police are not on your side, no matter what they say to try to get you to talk, and the prosecutor in your case will not go easy on you, no matter how much you cooperate with the police in their investigation.
In fact, sometimes the most powerful evidence prosecutors have in child pornography cases is the defendant’s own words, spoken out of fear or desperation, often in response to the police promising a favorable plea deal in return for cooperation.
Any time you are facing charges for a federal offense like possessing or distributing child pornography for the purpose of interstate or foreign commerce or transporting child pornography across state or international borders, the best way you can protect your rights and minimize your risk of being convicted is to hire an experienced criminal defense attorney to represent your case.
Best Defense Strategies in Federal Child Pornography Cases
The statistics surrounding federal offenses like federal child pornography are grim. According to the U.S. Department of Justice, more than 90% of individuals who are charged with a federal crime are convicted, and the conviction rate is also high in U.S. state courts.
Fortunately, there are several defenses an experienced criminal defense attorney can use to defend you against federal child pornography charges and help you get your charges reduced or possibly even dismissed altogether.
For example, the following are some defenses your attorney may present on your behalf to fight federal child pornography possession charges:
- The content in question was not child pornography
- You didn’t know that the content was child pornography
- You were not in possession of the content
- You did not intentionally possess the content
- The content did not travel in interstate or foreign commerce
- The content was obtained during an illegal search
- You have a psychological addiction
- You were the victim of entrapment
HOW HIRING A CHILD PORNOGRAPHY DEFENSE ATTORNEY CAN HELP
Child pornography cases are prosecuted harshly in Orange County and in some cases of child pornography, the defendant could end up facing federal charges, which carry significantly more severe penalties.
Our attorneys at Seyb Law Group are committed to protecting the rights of the criminally accused across the country, and we understand how devastating a federal child pornography conviction would be for you and your family.
Sex crimes involving minors are punished extremely severely in federal court and you will need every possible advantage to avoid a conviction that could put your freedom and your future at risk.
Our sex crimes defense lawyers at Seyb Law Group are intimately familiar with the inner workings of the federal criminal justice system and will utilize the best possible defense strategies to help you fight child pornography charges in federal court.
CONTACT OUR CHILD PORNOGRAPHY DEFENSE ATTORNEYS TODAY
Child pornography is a form of child sexual exploitation and this type of sex crime is aggressively investigated by federal law enforcement agencies, like the FBI, ICE (Immigration and Customs Enforcement), the U.S.
Postal Service and Homeland Security. Child pornography cases can be prosecuted in either state or federal court, and in either case, a child pornography conviction can follow you for the rest of your life, especially if you are required to register as a sex offender.
Even being accused of or investigated for federal child pornography can ruin your life, before you are ever convicted of the alleged crime or found guilty of any wrongdoing.
Contact our sex crimes defense attorneys at Seyb Law Group today to find out how best to defend yourself against federal child pornography charges in Orange County.
