Chesapeake Federal Child Pornography Lawyer

Child pornography is a legal term for any visual depiction of a minor engaging in sexual behavior. This includes photographs, videos, and images that are made to look real but are created or altered using computers. The federal definition of child pornography encompasses all forms of visual content distributed over the internet and shared through peer-to-peer networks or cloud storage systems.

Most federal child pornography cases start when internet service providers or social media platforms identify and report suspicious activity to the National Center for Missing and Exploited Children. It’s common for federal prosecutors to request information from these sites, including IP addresses, account records, computers, and electronic devices, to find evidence to support charges. Many defendants don’t realize that peer-to-peer file sharing can inadvertently lead to serious federal charges in today’s interconnected digital world.

Federal prosecutors do not need to prove that the defendant actually created the images to bring charges for child pornography. Downloading, receiving, and even possessing the material is enough to be prosecuted federally. Since most child pornography cases are based on the information collected by digital forensics professionals, mistakes and errors are common. This is precisely why having your own computer forensics defense expert can make the difference between conviction and freedom.

Federal statutes make many different offenses related to child pornography illegal, as well as spell out their potential penalties. Some of these laws include:

• 18 U.S.C. § 2251. This statute criminalizes the production or attempted production of child pornography. Violation is punishable by 15 to 30 years in prison.
• 18 U.S.C. § 2252 and § 2252A. These statutes respectively address the possession, transportation, receipt, and distribution of child pornography. A person can be sentenced to up to 10 years in prison for simple possession. The statutes addressing receipt and distribution have mandatory minimum sentences of 5 years and maximum sentences of 20 years.

The PROTECT Act of 2003 expanded these laws by increasing penalties and extending the definition of prohibited material to include computer-generated or virtual images that appear to be those of minors.

Court-convicted individuals receive mandatory sex offender registration requirements along with strict supervised release terms and internet usage limits. The government prosecutes child pornography cases as offenses against minors, which leads to severe federal child pornography penalties. The complex federal child pornography sentencing guidelines often result in lengthy prison terms even for first-time offenders.

Please note that while the laws are harsh, an accusation of a federal child pornography crime does not guarantee a conviction. Each case is different, and a skilled Chesapeake federal child pornography attorney can carefully look at the facts to see if any defenses apply to your situation. There are several proven defense strategies available that experienced attorneys use to protect their clients.

Some of these include:

• Accidental download. In some cases, a person may accidentally download child pornography while trying to download legal adult pornography.
• Someone else downloaded it. This is particularly applicable in situations where someone shares computer or internet access, such as a public computer or a computer in a home where there are multiple family members or roommates.
• Constitutional violations. Many cases are based upon search warrants or subpoenas. When an investigator oversteps the bounds of a warrant or breaks procedural rules, evidence can be suppressed. This also applies to any statements taken without properly reading Miranda rights.

The average sentence for those convicted of possessing child pornography was 82 months. The courts did not sentence 73.1% of convicted child pornography possessors to offenses with mandatory minimum penalties. Their average sentence was 65 months. Of these convictions, 26.9% had a prior sexual abuse or child pornography conviction, which carries a ten-year mandatory minimum penalty. Their average sentence was 131 months. While these statistics are sobering, some defendants may still be eligible for probation in federal child pornography cases with skilled legal representation.

Johnson/Citronberg is known throughout the United States for our federal criminal defense work, including complicated and highly technical child pornography cases. We understand these cases and represent clients throughout Virginia.

In Chesapeake, many of our cases are tried in the United States District Court for the Eastern District of Virginia, Norfolk Division, at 600 Granby Street, which is a short drive away. We approach each case with a team of legal and forensic professionals. Our attorneys are well-versed in the federal court process for child pornography charges and can guide clients through each step of the complex legal proceedings.

If you have been charged with a federal child pornography charge, hire a federal child pornography lawyer right away. Johnson/Citronberg can help.

Contact us today for a consultation.

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