Virginia Beach Federal Child Pornography Lawyer

Federal child pornography laws are very broad and harsh. They criminalize production, distribution, receipt, and possession of child pornography. The crime of possession can be satisfied with a single file on a person’s computer or other electronic media and is a felony. The most commonly charged types of federal sex crimes include:

• 18 U.S.C. § 2251. This law covers producing or attempting to produce child pornography. Penalties for this crime range from a 15-year mandatory minimum to 30 years.
• 18 U.S.C. § 2252 and § 2252A. These statutes make it illegal to receive, transport, distribute, or possess child pornography. Receipt and distribution of child pornography are both felonies with a mandatory minimum 5-year sentence. Possession can be punished by up to 10 years.

Additionally, due to the increase in technology, new laws criminalize the possession, creation, and distribution of digital child pornography, even when no actual children were present or harmed. This covers AI-generated images as well. Because these penalties are so severe, even a first-time offender can face intense personal and professional consequences. Understanding the federal sentencing guidelines is crucial for anyone facing these charges.

In 2024, prosecutors sentenced 45.8% of child pornography defendants for possession, trafficking for 43.1%, and 11.1% for receipt charges.

If you discover that you are under investigation or have been formally charged in a child pornography matter, your actions immediately following that discovery may have a significant impact on the outcome of your case.

If you are charged, the first and most important thing to do is to exercise your right to remain silent. No matter what, anything you say to federal agents can and will be used against you. Do not try to talk yourself out of the situation, justify your conduct, or make any promises without first consulting with an attorney.

Second, do not delete or alter any files. It is very tempting to try to minimize the potential exposure once you have been charged, but this act is considered an obstruction of justice and will only compound the problem. Even deleted and temporary internet files can be recovered by forensic experts.

Third, contact an attorney as soon as possible. Time is of the essence. The sooner you contact an attorney, the more time your attorney will have to go over the evidence, attack the constitutionality of any searches and seizures, and develop an appropriate defense strategy. Waiting provides the government with additional time to strengthen its case against you.

Feeling overwhelmed by the federal government is normal, but you have constitutional rights. A Virginia Beach federal child pornography attorney can ensure your rights are protected at every stage of the proceedings. Some of your rights include:

• Fourth Amendment rights. Investigators must have a search warrant with probable cause to search you and your belongings.
• Fifth Amendment rights. You have the right to have an attorney present when you are being questioned by law enforcement, as well as the right to stay silent until they arrive.
• The right to counsel. You have the right to have legal counsel during your case. If you cannot afford one, one can be provided for you.

It’s important to know your rights so that you can exercise them if you are charged.

At Johnson/Citronberg, our firm has become known nationwide for its federal and state criminal defense, including for very complex and sensitive cases, such as those involving charges of child pornography. Our lawyers have decades of collective experience, and they know how to approach both the subtleties of federal law and each client’s constitutional rights in order to protect and defend them.

We have practiced extensively in front of the United States District Court for the Eastern District of Virginia, Norfolk Division, 600 Granby Street, which covers Virginia Beach and the surrounding areas. We can offer you the protection and guidance you need to fight for your future.

Do You Possess What You View Online?

You do not always possess what you view online. Streaming or viewing material online does not automatically constitute possession since no files may be saved on your computer. When files are downloaded to a device or when they are cached for any period of time, they may count as possession under certain conditions. Prosecutors may use computer forensics to determine whether the material viewed was saved, even temporarily, on a computer.

Is the Miller Test Still Used?

Yes. The Miller test is still used and remains the legal test to define obscenity. It is still used in court to ask whether the work appeals to prurient interests, depicts or describes sexual conduct in a way that is deemed patently offensive, and has serious artistic, literary, political, or scientific value. It is applied less often today than in the past, but it is still a key in any obscenity case.

Why Was the Child Online Protection Act of 1998 Ruled Unconstitutional?

The Child Online Protection Act of 1998 was declared unconstitutional because it placed an excessive burden on free speech, as defined by the First Amendment. The courts held that the law was too broad, and it limited access to legal material for adults in the name of shielding minors. However, there are other laws in place that protect children against predatory behavior.

What Is the Internet Crimes Against Children Program?

The Internet Crimes Against Children (ICAC) Task Force Program is a United States Department of Justice, federally funded, nationwide initiative comprised of federal, state, and local law enforcement personnel who work in collaboration to investigate and prosecute computer-related exploitation of children, including child pornography, enticement, and trafficking directed at children.

If you have been charged with federal child pornography, hire a federal child pornography lawyer right away. Time is of the essence, and Johnson/Citronberg can help you in your case. Contact us today to begin fighting for your future.

• Common Defense Strategies for Child Pornography Cases
• Understanding the Federal Court Process
• How Computer Forensics Evidence Works
• Protecting Your Privacy During Investigation
• Possibility of Probation in Federal Cases
• Charges Dismissed in Fairfax Case