Federal law enforcement agencies consider crimes related to child pornography seriously. If they believe you are a suspect of dealing with illegal, obscene material, you should expect a thorough criminal investigation and possible prosecution under 18 U.S.C. 2252 or a related statute.
Suppose you are indicted for a federal child porn offense. In that case, you might not have a bond option for release from custody pending trial.
Sometimes, anyone charged with an offense involving a minor is presumed to be detained, meaning that unless they can provide sufficient evidence of not being a flight risk or danger to the community, there is no opportunity to get released unless they are found not guilty in court.
A criminal investigation of child porn occurs in many different ways, such as an undercover operation in a chat room where federal law enforcement agents will pose as an adult interested in child pornography images or videos.
Typically, in child porn cases, federal agents have thoroughly investigated electronic records and forensic computer analysis before a defendant is indicted. Often, the evidence is so strong that you can't reasonably claim they did not have contraband images depicting minors engaged in sexual activity.
This means you will need an experienced federal criminal defense lawyer to give you the best chance of a favorable outcome.
Once indicted for child porn, you will appear in a federal court, and the amount of bail is often determined based on the recommendation of the Pretrial Service Officer to the judge.
Their recommendation is usually based on your criminal history, the nature of the crime for which you are accused, and information about your ties to the local community.
The court might require you to be monitored via a GPS tracking device and undergo a mental health evaluation. Working with a defense lawyer could minimize the impact of your arrest and ensure your rights are not violated.
What Are the Main Federal Child Pornography Laws?
Title 18 U.S. Code Section 2252 makes it a federal offense to willfully possess, create, distribute, or transport child pornography.
The Child Pornography Prevention Act defines "child pornography" as a visual depiction of minors under 18 engaging in sexually explicit conduct. It could be made or produced by electronic, mechanical, or other means.
Simply put, it's a crime to possess, receive, access, or distribute sexual images of children. A conviction carries up to 15 years in federal prison for each offense, along with being listed on sex offender registries.
Title 18 U.S. Code Section 2251, sexual exploitation of children, is a closely related federal crime and punishes anyone who attempts to persuade a minor to produce child pornography.
18 U.S. Code 1581 Peonage, Obstructing Enforcement, is better known as human trafficking. 18 U.S. Code 2423 defines the crime of transportation of minors.
What Are the Strategies to Avoid Prison?
Suppose you are indicted under a federal statute related to child porn. In that case, our federal criminal defense lawyers can use different strategies to persuade the prosecutor not to seek incarceration in a federal prison. While every child porn case is unique, some possible defenses to avoid prison time include the following:
- Volume and nature of child porn material. A significant factor is the volume and nature of the images or videos. Suppose there are a small number of explicit photos depicting teenagers. In that case, this would be considered a less severe crime as opposed to possessing many images depicting younger children.
- Direct steps to communicate or meet minors. Any conduct that shows sexual predatory behavior toward children is another relevant factor in sentencing. Perhaps we can prove that you did not try to communicate or take steps to meet them directly.
- Mitigation information package. To persuade a federal prosecutor to forgo incarceration efforts in child porn cases, mitigating circumstances could be crucial. A prosecutor's concern is recurring criminal behavior. Perhaps we can enroll you in a treatment program or seek therapy from a mental health professional to address the underlying issues. This type of documented intensive therapy could be a solid mitigating factor to avoid jail as it shows a commitment to rehabilitation and prevent recidivism.
- Validity of search warrant. In most cases, federal agents obtained child porn evidence after executing a search warrant where they seized electronic devices to be forensically analyzed by specialists. Perhaps we can challenge the validity of the search warrant based on a lack of probable cause.
- Motion to suppress. Perhaps we can file a motion to suppress to prevent seized evidence from being used against you in court based on unlawfully obtained evidence by federal agents.
The probable cause used to support the search warrant often includes internet posts allegedly connected to a defendant's IP address or other types of identifying information transmitted online.
Perhaps we can argue that the alleged connection between the online activity and the defendant is inconclusive and does not legally justify a home search and property seizure.
Suppose a motion to suppress is not guaranteed to work. Getting the prosecutor willing to negotiate a favorable no-jail time plea agreement could prove valuable in that case. In other words, just on the chance that the suppression motion might work could convince the federal prosecutor they need to negotiate.
Federal Child Pornography Defense
Federal sentencing for child porn is more severe and usually includes some time in a federal prison.
However, state-level charges in California are less likely to include jail time, especially in cases with few images and for defendants with little or no prior criminal history.
You must understand that every child porn case is unique, and the outcome will always vary based on the case details. The major factors in avoiding jail are often the type of behavior, willingness to get into treatment and criminal history.
Further, where the child porn case is filed can make a difference. We have defended clients in state and federal courts facing child pornography-related charges, such as possession and distribution.
In cases where guilt is not in doubt, perhaps we can negotiate a favorable plea deal, but we are prepared to take the case to trial if necessary. Through our decades of experience, we have learned there are several steps to advocate for a sentence that will recognize mitigating factors to avoid a jail sentence.
We offer a free case evaluation to review the case details and to discuss legal options. The Hedding Law Firm is located in Los Angeles, California.
Related Content:
- Seizure of Home Computers in a Child Pornography Investigation
- What Factors Determine How Child Pornography is Prosecuted?
- Federal Prosecution of Child Pornography Charges
- Citizens Guide to U.S. Federal Law on Child Pornography
- Child Pornography Prevention Act
- Coercion and Enticement
- Is Lolicon Illegal in the United States?
- Mistakes to Avoid in Federal Child Porn Prosecution
