Alexandria Federal Child Pornography Lawyer

State law and federal law prohibit the possession, distribution, receipt, and production of child pornography, which is defined as a visual depiction of a minor under the age of 18 engaging in conduct that is considered sexually explicit. It is important to note that this can also involve simulation, animation, or a depiction that has been altered.

Various formats are covered under the laws, including photographs, videos, pictures, computer files, and computer-generated images or videos.

Cases are generally charged as possession, receipt/distribution, or production/attempted production of child pornography. In general, production is the most harshly punished. Distribution, receipt, and possession are sometimes called non-production cases and are usually less severe. Penalties for conviction include up to 30 years in prison. Below are some of the details regarding different types of child sex crimes: 

• Simple possession cases involve a person possessing a depiction of child pornography or child sexual abuse. In order to convict, the prosecution has to show that the defendant possessed the depiction, that the depiction involved a minor, that the minor was engaged in conduct considered sexually explicit, and that the depiction was transported across state lines.

• Receipt/distribution cases involve a person receiving an image or distributing the image to another person. Distribution is generally considered to be a more serious crime than receipt.
• Production/attempted production requires the prosecution to prove that the defendant used a minor to engage in conduct that is considered sexually explicit and that the conduct was intended for producing such an image.

According to the most recent report by the United States Sentencing Commission, in 2024, 45.8% of sentenced individuals in child pornography cases were for possession, 43.1% for distributing, and 11.1% for receiving. Also, 99.5% were sentenced to prison, and the average prison sentence was 115 months. A closer look at how federal courts calculate child pornography sentences shows the factors that influence punishment severity, including intent, quantity, and use of technology.

In many criminal offenses, intent or knowledge is a critical component of guilt. For child pornography, the prosecution has to be able to prove the defendant knowingly possessed the sexually explicit image of a minor. An independent computer forensics expert can show that the defendant did not knowingly view or download the file in question.

In many cases, the defendant may be able to argue that he did not know the image or video was there. This is sometimes called an affirmative defense, which means that the defendants introduce facts to explain their actions.

Common examples include:

• Accidental download. It is not uncommon for an individual to accidentally view or even download child pornography while seeking out adult pornography that is legal.
• Cache. When someone visits a website, all the images from the site are downloaded as temporary Internet files by default. When someone deletes an image or video, the computer often still stores a smaller version called a thumbnail. In general, just having a thumbnail is not enough to prove that a person knew the files were there.
• Another person was responsible for downloading the file. When multiple people have access to a computer, someone other than the defendant may have downloaded the file.

In other cases, improper law enforcement procedures can result in key evidence being excluded. For example, seizing a person’s electronic devices without a valid search warrant may render that evidence inadmissible in court. Working with your own computer forensics defense expert can help uncover technical errors, mishandled evidence, or digital inconsistencies that support your defense.

Additionally, if a defendant was not properly informed of their rights during questioning, any statements made could be suppressed. An experienced attorney can thoroughly review how evidence was obtained and build a strong strategy to challenge the prosecution’s case from every angle.

If you’re facing federal charges related to child pornography, the first step is to hire a criminal defense lawyer with a solid track record of success in similar cases.

Contact Johnson/Citronberg, PLLC, today to schedule a consultation.

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