What Should I Do After the Feds Search My Home and Take My Computers in a Child Pornography Investigation?

If anyone is found possessing, producing, selling, or distributing any material depicting a child under 18 in a sexual manner, they could face federal charges of child pornography under 18 U.S.C. § 2252.

The subsections of 18 U.S.C. § 2252 describe different categories of conduct covered by the statute. For example, it's a federal crime to knowingly transport child porn using interstate commerce, by computer or mail, visual depictions of a minor who is engaged in sexually explicit conduct.

These subsections also make it a crime to receive or distribute child pornography images, including downloading child porn from a website or sharing images with other internet users through a file-sharing service.

18 U.S.C. § 2252 not only defines selling or possession with intent to sell child porno images, it also makes it a federal crime just to have possession of child pornography. There are several related statutes, including:

• 18 U.S.C. § 1462 – Importing or transporting obscene matters,
• 18 U.S.C. § 1465 – Transporting obscene matters for sale or distribution,
• 18 U.S.C. § 1470 – Transferring obscene material to minors,
• 18 U.S.C. § 2251 – Sexual exploitation of children,
• 18 U.S.C. § 2251A – Selling and buying of children,
• 18 U.S.C. § 2252A – Activities relating to material with child pornography,
• 18 U.S.C. § 2260 – Production of explicit depictions of minors to Import into the United States

Peer-to-Peer Networks

Peer-to-peer networks often create severe issues for a defendant who is accused of violating child pornography laws under the federal system.

If a federal prosecutor can prove a defendant was responsible for distributing child porn, they should expect a more severe federal sentence.

In some cases, people who are using a peer-to-peer network are not aware that accessing the network will open their computer files to other members for downloading.

In other words, if another network member, or federal law enforcement investigator, is able to download child porn from your computer through this network, it means you not only were in possession of child pornography but could also be found guilty of distribution of child pornography, which carries harsh penalties.

Seizure of Property in a Child Porn Investigation

This happens all the time, the feds. The feds will get some information on the internet.  They'll come to a person's house with a search warrant.  They'll take all of their electronics:

• their computers,
• their tablets,
• their phones.

They'll talk to the person to try to confirm that everything they took is actually theirs and try to get them to incriminate themselves and admit that they were involved in the possession or distribution of child pornography.

Then, they'll leave and leave a piece of paper showing that they came and what they took, and now you're sitting there wondering what you're supposed to do next.

The first move is to get to an attorney like me who's been doing this for decades at the federal level and handling child pornography-related offenses since their inception.

Which, believe it or not, is not that long ago as it relates to the internet.  So, you need an attorney who knows what they're doing.

The next thing is, obviously, to have no further communications whatsoever with the authorities.  Sometimes, they'll come in with a joint task force where you have a combination of federal agents and state agents looking for child pornography.  Once you can meet with me:

• we will talk about exactly what was seized,
• what they're going to find when they search the computers, etc.,
• what are your next steps moving forward,
• whether or not you've done or said anything to incriminate yourself.

These are the types of conversations we'll have when we meet to protect your rights, freedom, reputation, and everything that's important to you.

Use of Forensic Expert

Child pornography investigations can sometimes take time, and the reason for that is when they grab your computer and all of your stuff, you're talking about using a forensic expert to go through the computer to see if there are any encryptions.

They will also try to see what is downloaded, and many times, they can bypass the encryption and get the data on the computer, but it takes time.

Not only does it take time, there are a lot of cases pending.  So, you get put in line behind other people.  So, what you want your attorney to do is reach out to:

• the agents that took your stuff,
• find out if there's a federal prosecutor involved with the case,
• find out what information you can get regarding the investigation and
• then make any necessary moves on your behalf.

Because the defense is entitled to investigate and do what they want regarding the case as well.

Retain a Federal Criminal Lawyer

Obviously, you're not going to know what to do, so you need a federal criminal defense attorney who is:

• familiar with possession of child pornography,
• chatting on the internet as it relates to that,
• distribution of child pornography, and
• production of child pornography.

These are all the different crimes that somebody can be saddled with once the feds seize your computers, tablets, and all the information that you have at your home or office.

So, your first move is to get to an attorney like me who has the experience to help you and will take control of your case and protect your rights, your reputation, and your freedom.

Take the first step.  Pick up the phone.  Please set up a meeting with me and get an expert on your side.  My name is Ron Hedding.  I stand at the ready to help you.

The Hedding Law Firm's office is in Los Angeles County, at 16000 Ventura Blvd #1208, Encino, CA 91436. We offer a free consultation at (213) 542-0994.

Related Content:

• What Factors Determine How Child Pornography is Prosecuted?
• How Can You Avoid Jail Time in a Federal Child Porn Case?
• Federal Search Warrants and Legal Defenses
• Transportation of Minors
• Coercion and Enticement
• Is Lolicon Illegal in the United States?
• Mistakes to Avoid in Federal Child Porn Prosecution