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Facing Charges for Child Pornography?
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Facing Charges for Child Pornography?
The possession, production, and/or distribution of child pornographic material is illegal under federal law. Any federal charges that involve allegations of child pornography are serious, and if convicted, may result in decades behind bars.
It is important to understand what constitutes child pornography, the charges in your case, and what penalties you may face if convicted.
How is Child Pornography Defined?
Child pornography is defined as any visual material, including image, video, or sexually suggestive material that depicts a minor engaging in any sexual conduct. Because these are federal charges, minor status applies to any individual under the age of 18, regardless of the state specific age of consent.
Child Pornography Applies To:
- Photo, Video, or Digital Content of an Actual Minor
- Images That Are Created, Altered, or Modified but Appear to Depict an Actual Minor
- Data That Could Be Converted into Child Pornographic Material
The definition of sexually explicit material is subjective and in some cases does not require the depiction of sexual activity. For example, an image of a naked child could be considered child pornographic material if it deemed sexually suggestive.
Possession of Child Pornography
Legitimate charges for the possession of child pornography required an individual to knowingly and intentionally possess images or video content that depicts a minor engaged in sexual acts and/or displays graphic nudity.
Production, Distribution, or Promotion of Child Pornography
The production, distribution, and/or promotion of child pornography are significantly more serious crimes than possession alone. Oftentimes, individuals face several of these charges in their case concurrently.
There is an increased likelihood of facing production, distribution, or promotion of child pornography charges materials if multiple copies of pornographic content are discovered in your possession.
It is important to realize the severity of these offenses and tactics that the prosecution uses to push for maximum charges. For example, an individual could face charges for production of child pornography for taking a sexually explicit photo of an individual that they were unaware was a minor.
In nearly all cases, when an individual faces charges for possession, they could also face charges for receipt of child pornography. Receiving falls within the same category and penalties as distribution of child pornography.
Conspiracy to Commit Child Pornography
Conspiracies to commit crimes involving child pornography are also serious punishable offenses under federal law. You will need a federal conspiracy lawyer like Gregg Gallian if charges of a federal conspiracy are forthcoming. This applies to any attempt to possess, produce, and/or distribute child pornographic material.
Attempting to use, entice, persuade, or employ an underage person to engage in child pornographic content is chargeable federal offense. This is a federal crime regardless of whether or not minor participation actually occurs.
Intention to Transport
It is punishable under federal law to produce, receive, transport, or distribute child pornography outside of the country if there is an intent to transmit it into the United States.
Parents face serious charges in the event that they sell or transfer custody of a minor child for the purpose of the production of child pornography.
An individual may face enhanced penalties for child pornography in cases when criminal charges are determined to be aggravated.
Aggravated Circumstance May Include:
- Previous Charges for Child Sexual Exploitation
- Sexual Abuse of the Minor Child Occurs
- Content Is Violent, Sadistic, or Masochistic in Nature
Charges may be automatically deemed aggravated when the minor depicted in the sexual content is under the age of 12.
Penalties for Child Pornography
A conviction for any crime involving child pornography could result in anywhere from 2 years to a lifetime behind bars. The specific penalties incurred depend on several factors, including the severity of acts that occur within the content, level of involvement in these criminal acts, and the age of minor depicted.
Personal and Professional Repercussions
Child pornography charges have the potential to ruin every aspect of your personal and professional reputation and future. Similar to many sexual assault, you would likely be required to register on the sex offender registry in your state, potentially as a lifetime status offender. This could affect employment, housing, and family relationships, including issues with child custody.
The possession, production, distribution, and/or promotion of child pornography are felony level offenses. A conviction on these charges often results in decades of mandatory time in federal prison.
The lowest level of child pornography possession involves a minor who over the age of 12. This carries a sentence of up to ten years in prison. The depiction of a prepubescent child, or under the age of 12, is punished significantly more harshly with a maximum sentence of up to twenty years behind bars. Penalties become significantly more harsh with subsequent crimes of sexual nature.
The production of child production carries a minimum prison sentence of 15-30 years behind bars.
Offenders may face life in prison for aggravated charges of child pornography, including but not limited to cases involving young children, violent criminal activity, and/or additional offenses.
How to Fight Child Pornography Charges
Allegations of sex crimes involving minors are serious and a conviction would be detrimental to your family and future. You need a lawyer in your corner who is experienced and confident fighting serious charges in a federal courtroom.
It is imperative that you exercise the right to remain silent. Do not attempt to defend yourself against these serious allegations. Remember that you do not know what the detectives already know. Attempting to defend yourself, or lying, will only complicate your case and is likely to result in self-incrimination.
There are several defense tactics and strategies that your criminal defense lawyer may use to build an effective case and beat these charges.
Defenses Against Child Pornography Include:
- Innocence/ Lack of Knowledge
- Accidental Possession
- Illegal Search
It may also be a plausible claim that the alleged content is not actually child pornography. An artistic drawing, painting, or innocent photo of a naked child is not automatically child pornography. Educational and/or scientific photos are other examples of content that could be misperceived as child pornography.
Let Gregg Gallian Defend You Against These Charges
Gallian Defense Firm understands the stress that these allegations can cause. Gregg Gallian has a track record of successfully defending those accused for child pornography-related charges. The stigma of being innocent of such charges is immense, the potential damage to your quality of life and family is equally significant. Don’t let it get to this. Gregg Gallian is a former federal prosecutor, providing him with inside knowledge and experience to fight inside a state and federal courtroom against any charges related to child pornography or related crimes.
Even if you have hired an attorney, it is always wise to ensure your interests are being represented.
Reach out to Gregg Gallian today to allow he and his team to begin building your defense case today. All first-time consultations are free, so don’t hesitate. Call now.