Danville Federal Child Pornography Lawyer

Child pornography is defined as any visual depiction, including photographs, videos, and digital media, of sexually explicit conduct involving a person under the age of 18. This can include actual images of minors as well as computer-generated images that are indistinguishable from real photographs.

Danville’s federal child pornography laws are broad and can encompass images that are lascivious in nature, even if there is no direct physical contact. It’s essential to note that even possession of a single image can result in severe criminal charges, particularly when prosecuted at the federal level.

Child pornography offenses become federal cases when they include interstate or international elements. The use of the internet to receive, distribute, or store child pornography automatically makes the case a federal case since internet activity inherently crosses state boundaries.

The vast majority of computer child pornography cases are therefore federally prosecuted, as they usually involve agencies like the FBI, Department of Homeland Security, or the U.S. Postal Inspection Service. Understanding how deleted or temporary internet files may still impact a federal case is crucial, as digital traces can remain even when files appear to be gone.

Possession and distribution of child pornography are separate, but interrelated offenses under federal child pornography laws. To possess child pornography, an individual must knowingly store illegal images on their computer, phone, or external hard drive. False allegations or accidental downloads have complicated many cases, making a careful legal defense even more essential.

Lack of active viewing or unintentional downloading of images does not necessarily clear the possessor, as courts sometimes recognize possession as knowing when images were deliberately saved, stored, or accessed in particular ways that reveal knowledge. Courts evaluate penalties for child pornography possession based on the total number of images possessed and both the depicted children’s ages and content specifics.

Distribution is a much more serious charge. Distribution constitutes the intentional sharing of illegal content through email or other means to other individuals without any financial motive. One file shared through a peer-to-peer network constitutes distribution. Charges of distribution under 18 U.S.C. § 2252 and § 2252A usually carry a mandatory minimum prison sentence of 5 years, and sentences increase for various aggravating factors. Cases involving peer-to-peer file sharing are common, so understanding how these platforms can lead to distribution charges is important for your defense.

Prosecutors must show that defendants were aware of sending or sharing illegal material rather than that they actually created it. These are aggressively prosecuted, and when convicted, carry not only decades of prison, but also registration as a sex offender, and irrevocable ruin of one’s personal and professional life.

According to the United States Sentencing Commission, the average sentence for those convicted of possessing child pornography was 82 months. Defendants who received an average sentence of 65 months represented 73.1% of the total defendants who faced no mandatory minimum penalties.

Of these individuals, 26.9% received a ten-year mandatory minimum penalty due to previous sexual abuse or child pornography convictions. These defendants received an average sentence of 131 months. Danville federal child pornography cases are generally handled through the Russell Federal Building and U.S. Courthouse, the headquarters of the Eastern District of Virginia’s Danville Division. Federal sentencing guidelines in these cases are complex and can be severe, so it’s important to know what factors may impact the length of a sentence.

Federal law enforcement personnel in Danville routinely conduct digital investigations and bring such cases to court. A strong defense needs to understand the specific practices and expectations of this courthouse with the help of a federal child pornography attorney.

The lawyers at Johnson/Citronberg have a collective 40+ years of experience in federal criminal defense. Our firm handles difficult child pornography cases, which require digital forensics along with challenging, aggressive federal prosecutors. We have tried and handled numerous federal child pornography cases all over Virginia and throughout the country.

No matter where in Danville or in Virginia your matter is located, we are here to provide you and your family with a well-thought-out, nonjudgmental defense that has been successful in real federal courtrooms by way of real results and an understanding of the federal process. Hire a federal child pornography lawyer with Johnson/Citronberg today.

Can You Go to Jail for Internet Searches?

You cannot go to jail for internet searches alone. However, your internet searches can be used as evidence against you in a separate case. Law enforcement can look at your internet search history to support claims made against you. They can use search history as evidence if it’s tied to unlawful activity, and in some cases, it can lead to arrest or prosecution.

Is It Illegal to Talk to a Minor Without Parental Consent?

It is not illegal to talk to a minor without parental consent at face value. This is especially true in public settings. However, if the conversation becomes inappropriate or suggests illegal or sexual activity, this can quickly make the conversation illegal. Online communication comes with enhanced scrutiny and can lead to charges, even if the conversation can be argued as innocent.

Does a Child Have a Right to Privacy From Parents?

Children’s right to privacy is very limited, particularly so during the time a child remains within the care and control of a parent or guardian. There are exceptions to this, such as when a child is entitled to privacy, particularly in schools and medical care settings. However, parents have the legal right to view their child’s internet activity, monitor phone calls, and go into their children’s rooms.

What Is the Child Protection and Obscenity Enforcement Act of 1988?

The Child Protection and Obscenity Enforcement Act of 1988 is a law in the United States that requires producers of sexually explicit media to verify the age and maintain records of performers so as not to involve any minors. The law increased the penalties for the possession and distribution of child pornography. The law also established a system of record-keeping.

If you have been charged with federal child pornography, do not wait to hire a federal child pornography lawyer. Johnson/Citronberg can help you fight for your future. Contact us today to get started.

• Key Differences Between Virginia State and Federal Child Pornography Charges

• Frequently Asked Questions About Child Pornography Charges

• Defenses to Federal Child Pornography Charges

• The Federal Court Process for Child Pornography Cases

• Protecting Privacy and Reputation During Federal Investigations