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Last Modified on Nov 11, 2025
Child pornography charges are a serious, complex legal issue to face. When approaching these accusations, it’s crucial to understand how different pieces of evidence can assist your legal strategy. Johnson/Citronberg are here to explain how digital forensics can strengthen your federal child pornography defense.
Overview of Federal Child Pornography Cases
Federal child pornography cases are a pressing concern in the United States. In 2024, there were 1,375 federal child pornography charges, or 2.29% of all convictions. This figure represents a 34.4% increase since 2020. Out of those sentenced for child pornography, 45.8% involved possession, 43.1% for trafficking, and 11.1% related to receiving illicit material.
Federal child pornography cases comprise a range of charges related to the creation, production, distribution, and possession of material involving sexual exploitation of minors. A case becomes federal when evidence crosses state lines in digital or physical form.
Possession or receiving child pornography is punishable by between 5 and 20 years in prison for a first offense, and imprisonment of between 15 and 40 years for repeat convictions. Creation of child pornography and trafficking carries more severe punishments, with 15 to 20 years in prison for a first-time offense, 25 to 50 years for a second, and a third conviction carrying the potential of 35 years to life in prison. If a death occurs, the death penalty can be used.
What Is Digital Forensics?
Digital forensics refers to the science of identifying, analyzing, collecting, and preserving digital evidence for a child pornography case. Types of digital forensics include:
- Computer files. Images, videos, and files stored directly on a computer, USB drives, or SD cards are generally the focus of the prosecution’s case.
- Mobile devices. History of text messages, chat logs, or encrypted-app communications.
- Cloud storage and online accounts. If no files are found to be directly on a device, investigators will examine digital storage platforms such as Google Drive, Dropbox, iCloud, and social media accounts.
- Internet history. Cached browser files, internet history, cookies, bookmarks, search terms, and other information collected through internet usage.
- Network and Peer-to-Peer (P2P) logs. Evidence of this nature includes IP address tracking, router activity, wi-fi logs, and packet transfer.
- Metadata. This includes nondirected embedded information that remains as a trace if incriminating evidence has been removed.
How Digital Forensics Can Assist Your Defense
Digital forensics is a central element to most modern investigations related to the sexual exploitation of minors. However, digital evidence may also be used to strengthen your own defense against allegations of possession, trafficking, or receiving child pornography. A few legal strategies you may utilize include:
- Shared device. Evidence of exploitive material may have been found on a device that someone else had access to.
- Metadata reflecting activity. Metadata can reflect the engagement with exploitative media.
- Hijacked account. Someone may have hacked your account to use your information to commit crimes without your knowledge.
- Malware. A virus or malware on your device can use your computer to engage in unlawful actions.
- Automatic storage. Devices may automatically download information without the user’s consent.
- Communication logs. Text or emails can show whether any interaction with exploitive material was solicited or unsolicited.
Hire a Federal Child Pornography Lawyer
A child porn accusation carries multi-year mandatory prison sentences that are daunting to face alone. In this high-stakes situation, it is strongly suggested that you hire a skilled federal child pornography lawyer. Experienced legal counsel can examine the digital forensic evidence, highlight pieces that may aid your case, and represent you both in and out of court.
Johnson/Citronberg has spent decades assisting people with their criminal defense cases throughout Virginia, Georgia, Maryland, and D.C. Our team has over 30 years of legal experience, and our work has been highlighted in multiple national publications such as The Washington Post and the Wall Street Journal. Co-founder and partner Cary Citronberg has been lauded as an authority in federal child pornography cases.
FAQs
What Does Digital Forensics Mean in a Federal Child Pornography Case?
Digital forensics in a federal child pornography case refers to the scientific process of gathering, identifying, preserving, and interpreting electronic data related to your charges. These can be used by the prosecution to implicate a defendant or used by the defense to clear an accused’s name against wrongdoing. Your federal child pornography attorney can assist in utilizing digital forensics to support your legal strategy.
What Digital Evidence Is Most Important in a Federal Child Pornography Investigation?
The types of digital evidence that are most important in a federal child pornography investigation change on a case-by-case basis. Typically, computer and cloud storage of illicit material are crucial to the prosecution’s case. If files cannot be found, Internet activity and browser data, such as cached files, cookies, bookmarks, and other indirect indicators, are prioritized.
What Is the Average Punishment for Federal Child Pornography Convictions?
The average penalties for a federal child pornography conviction depend on the type of charge you are facing and your past criminal history. Across all cases, the United States Sentencing Commission reported that 99.5% of convicted persons were sentenced to prison, with possession averaging 82 months, receiving averaging 106 months, and trafficking averaging 151 months.
How Much Does a Federal Child Pornography Defense Lawyer Cost?
How much your federal child pornography defense lawyer is based on the type of charge you are facing, your criminal history, the complexity of your case, and the work hours your case requires. A first-time offender accused of possession with a quick plea deal can cost less than a case involving trafficking and creation, with multiple previous convictions, and requiring a trial.
Hire Federal Child Pornography Attorney
Johnson/Citronberg understands how overwhelming and sensitive charges of child pornography can be. Our team has the legal knowledge, experience, and skills that can help you through this difficult time.
Contact us today for an initial consultation, where we can learn your story and discuss the role digital forensics may play in your case. You may also visit our Alexandria office, located on King Street, a block from Alexandria City Hall and in the heart of the city’s historical district.
