Atlanta Federal Child Pornography Lawyer

When you need to hire a federal child pornography lawyer, look no further than Johnson/Citronberg, PLLC. In Atlanta, our attorneys have developed a reputation for technical experience and a sophisticated grasp of the Northern District of Georgia.

Whether in the Spring Street Courthouse, Cobb, or DeKalb, we have unparalleled digital forensic resources and federal trial experience. We take assertive action at the earliest stage of every case through search warrant review up to forensic defense to protect both your rights and your future. Every client receives our immediate attention and respectful treatment regardless of individual circumstances.

Federal law defines child pornography as a visual depiction of a child under the age of 18 engaging in sexually explicit conduct. Sexually explicit conduct includes genital or pubic displays, lascivious poses, and even simulated sex acts. The person does not need to be fully nude or even touching anyone. Also, real images, digital pictures, and even cartoons can count as child pornography if they show sexually explicit conduct involving a minor.

The law focuses on conduct, but the definition of child pornography is very broad. Authorities do not need to demonstrate defendant-created content or physical interaction with minors to secure a conviction. Federal law makes possession and distribution of child pornography illegal, including cases of passive sharing or automatic syncing of files.
Federal sentencing can be complex, with enhancements that increase prison terms based on factors like the number of images or use of a computer. Understanding how sentencing guidelines apply to federal child pornography cases is critical for your defense.

When child pornography cases begin, they are usually a very public topic as the public, as well as the court system, takes these cases very seriously. For example, in 2023, 26 people were arrested in Georgia in relation to child pornography charges. In this operation, 281 devices were seized, and 30 children were revealed to be in these environments.

These cases also point to the seriousness of a charge, showing the severity of penalties associated with a conviction. In the same year, one man was sentenced to 20 years in prison for producing child pornography.

Federal child pornography laws are made and enforced by the United States federal government. Laws regarding child pornography are found in Title 18 of the United States Code, and various sub-sections pertain to different offenses and punishments.

The most severe of these is 18 U.S.C. § 2251, which details laws regarding the production of child pornography. The federal statute targets those who convince or force minors to partake in sexual acts with the objective of creating visual material.

Conviction under this section of the title requires a minimum mandatory sentence of 15 years and up to 30 years in federal prison. If an individual did not physically produce the pornography, but was found to have facilitated, arranged, or provided content, they may also be charged under this statute.

Federal sentencing in child pornography cases is also strongly affected by the United States Sentencing Guidelines, which call for higher sentences based on a number of enhancements, such as the number of images in question, whether the material involved is prepubescent or sadistic, whether the defendant used a computer to obtain or distribute the files, and whether there was a pattern of activity or multiple victims.

The enhancements can lead to additional years on a sentence, even for first-time offenders.

When it comes to defending these cases, digital forensic evidence can be central—sometimes, deleted files or temporary internet data may play a surprising role in a federal prosecution.

When it comes to defending child pornography cases in Atlanta, many times the evidence hinges on whether the defendant knowingly possessed or distributed child pornography. In our digital world, it is not uncommon for someone to unknowingly possess materials, especially with viruses and malware. Some of our common defense strategies include:

• Forensic scrutiny, where files can be mislabeled or unintentionally downloaded.
• Suppressing motions, especially if your rights were violated or if the warrants do not hold up.
• Demonstrating your lack of knowledge or intent.

Each strategy is carefully utilized and prepared based on the specifics surrounding your case. A federal child pornography attorney at Johnson/Citronberg can help you during this process.

Sometimes, clients are falsely accused or are facing investigation due to computer errors, malware, or wrongful identification. If your case involves such issues, it’s important to have an attorney familiar with the defenses to federal child pornography charges.

What Is the Anti-Child Pornography Act of 2009?

The Anti-Child Pornography Act of 2009 (ACPA) amended and strengthened federal laws governing child pornography. It increased penalties for certain child pornography offenses and enhanced tools for law enforcement to investigate child exploitation that has moved onto the internet. The ACPA also clarified the definition of lascivious exhibition and criminalized the possession of computer-generated pictures that appear to depict minors.

What Is the Children’s Internet Decency Act?

The Children’s Internet Protection Act (CIPA) is a federal piece of legislation enacted in 2000. The act places conditions on schools and libraries that receive federal government discounts for internet access through the E-Rate and other federal technology funding programs. To receive the discounts, libraries and schools must certify that they have a technology protection measure in place to filter or block obscene content and prevent access by minors to harmful content.

What Does the Children’s Online Privacy Protection Act Do?

Signed into law in 1998, COPPA safeguards the online privacy of children under the age of 13. Websites and online services are required to get parental consent before collecting personal information from children, with restrictions on the types of data that can be collected, and a requirement to provide a clear privacy policy.
Websites and online services that target children or collect information from them knowingly become subject to COPPA regulations and face substantial financial penalties for violations.

What Does the PROTECT Act Do?

The PROTECT Act of 2003 (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today) increased federal enforcement, penalties for child pornography offenses, and jurisdiction for federal investigators. The Act also simplified the process for prosecuting child sex tourists who travel to other countries to engage in illicit sexual conduct with minors and those who attempt to entice minors via the internet.

Being charged with child pornography is a serious matter. You need a federal child pornography attorney who understands federal child pornography cases on your side. Contact us today to get started.