Georgia Federal Child Pornography Lawyer
Federal Child Pornography Attorney in Georgia
In Georgia, facing Federal Child Pornography Charges is a grave matter. An experienced Georgia federal child pornography lawyer has the experience and skill necessary to handle complex federal laws and defend you against the charges.
Most federal child pornography cases in Georgia are prosecuted in the U.S. District Court for the Northern District of Georgia, which sits in the Richard B. Russell Federal Building and Courthouse in Atlanta. Federal cases are investigated by numerous resources, including investigators from the FBI, Homeland Security Investigations, and other federal agencies—another reason to understand how the federal court process works in these cases and secure counsel right away.
About Johnson/Citronberg
With offices in Alexandria, Virginia, and Atlanta, Georgia, Johnson/Citronberg is a well-known litigation firm across the country. The Northern District of Georgia is just one of the federal courts where our attorneys have many years of experience defending clients.
We utilize strategic thinking, in-depth legal knowledge, and individualized client care. Acknowledged by Georgia Super Lawyers and other legal associations, our team helps clients navigate the complicated federal criminal justice system while offering aggressive representation.
What Makes a Child Pornography Case Federal?
Not all child pornography cases are federal cases. Child pornography becomes a federal case if electronic transmission across state or international borders occurs or if federal law enforcement officials participate in the investigation. 18 U.S.C. §§ 2251, 2252, and 2252A provide the federal government jurisdiction to prosecute persons for the production, distribution, or possession of child pornography.
A federal case arises when data from a server beyond Georgia’s borders crosses state boundaries or when a company reports potential child abuse to NCMEC. Prison sentences were given to 99.0% of child pornography offenders, who received an average jail term of 114 months. The average sentence of individuals convicted of trafficking child pornography was 148 months.
State prosecutions differ from federal child pornography cases because federal proceedings must adhere to mandatory minimum sentencing rules and follow more stringent guidelines. They also usually have more rigorous investigations. A Georgia federal child pornography attorney must know these laws to be able to combat the government’s evidence and present an aggressive defense.
Federal Child Pornography Penalties
Federal child pornography charges come with some of the most severe penalties under the law. As such, they require the most aggressive and experienced defense from the onset. The penalty for possession of child pornography is up to 20 years in prison. Receipt or distribution of child pornography also has a 5-year mandatory minimum penalty of up to 20 years in prison.
Production of child pornography has a mandatory minimum 15-year sentence with enhancements based on aggravating factors such as the number of victims and prior convictions. Understanding the federal child pornography sentencing guidelines is essential when evaluating exposure and strategy.
In addition to criminal penalties, there are numerous non-criminal consequences. The requirement to register as a sex offender typically lasts throughout a person’s life and imposes limitations on their living arrangements, travel options, and employment possibilities. Internet and computer use are typically heavily restricted during supervised release. Licenses can also be suspended or revoked for a wide array of professions.
Common Defenses in Federal Child Pornography Cases
Defense strategies in federal child pornography cases vary based on the facts but usually involve attacking the government’s evidence and intent. Motions to suppress unlawfully obtained evidence may be filed. Some common defenses in federal child pornography cases include:
- Lack of knowledge
- Third-party access, especially in shared spaces
- Procedural errors
These defenses require extensive research and the technical knowledge of a seasoned professional in computer forensics and federal criminal law. All cases are different, and an experienced lawyer will know how to formulate a defense strategy in your particular situation.
Hire a Federal Child Pornography Lawyer
If you have been charged with federal child pornography in Georgia, you need to hire a federal child pornography lawyer. Federal child pornography is a very complicated area of law, and errors with evidence, procedural timing, or plea negotiations can be life-changing.
A seasoned lawyer knows federal laws, courtroom procedures, and defense strategies. They fight aggressively for you, challenge evidence, protect your rights, and seek to reduce criminal consequences and long-term collateral damage. Early legal intervention is crucial for the greatest possible outcome.
FAQs
What Is the Significance of the Anti-Child Pornography Act?
The Anti-Child Pornography Act is important because it criminalizes the production, distribution, and possession of child sexual abuse material, which is a form of child exploitation and abuse. The legislation enhances protections for children by giving law enforcement agencies essential tools to hold offenders accountable while requiring stricter penalties for perpetrators.
Is It Illegal to Video Children in Public in Georgia?
It is not technically illegal to video children in public, particularly where there is no expectation of privacy in a public space, such as a park or mall. It is against the law to make recordings if they serve exploitative, obscene, or sexual functions unless privacy laws from state jurisdictions are breached.
Who Does RA 9775 Protect?
Republic Act 9775, known in the Philippines as the Anti-Child Pornography Act of 2009, is a law that protects all children below the age of 18 years old from any form of sexual exploitation and sexual abuse through any pornographic means. It prohibits the production, distribution, and possession of child pornography and metes out the strictest penalties on all who violate the Act.
Why Is Obscenity Prohibited?
Obscenity is banned because it is believed to be injurious to the public’s morals, and it may exploit people, particularly minors. Under United States law, obscene material, as defined in the Supreme Court’s Miller v. California decision, is that which, taken as a whole, does not have serious literary, artistic, political, or scientific value.
Contact Johnson/Citronberg Today
In Georgia, being charged with federal child pornography is one of the most serious offenses one can encounter, with life-altering repercussions at every turn. Don’t put off safeguarding your future. For a private consultation with a knowledgeable attorney, get in touch with Johnson/Citronberg right now. Our staff is prepared to assess your case, go over your options, and mount an effective defense in federal court. Contact us today to get started.
