Harrisonburg Federal Child Pornography Lawyer

Child pornography is a genre of pornography distinguished from others by federal law as a “visual depiction of sexually explicit conduct” involving a person who is under the age of 18 years at the time the visual depiction was created. These visual depictions can include:

• Photographs
• Videos
• Computer-generated images
• Images altered to look like a minor, even if they are not

An image qualifies under this definition if it shows a child or a teenager in sexualized activity or posing lewdly, depending on how the activity is depicted and its intended purpose, even without complete nudity. The process of prosecuting individuals for receipt and possession of child pornography depends on evidence from browser caches or distribution activities, even if stored content is not present on a device. In some cases, deleted or temporary internet files become part of the government’s evidence, which means having the right legal approach is crucial for your defense.

While child pornography is strictly forbidden in the United States, there are specific laws that detail the specific circumstances, as well as their penalties, in relation to child pornography. Some of these laws include:

• 18 U.S.C. § 2251. This law prohibits a person from coercing or forcing a minor to participate in sexually explicit activity to produce visual materials for consumption. If a person is convicted, they may face a prison term of at least 15 years.
• 18 U.S.C. § 2252. This statute disallows distributing and possessing child pornography. Receiving and distributing both have a five-year minimum prison sentence. Possession does not have a minimum sentence, but a person’s prison time may be extended if there are enhancements at play, such as including significantly young children or having an excessive amount of photographs in their possession.
• 18 U.S.C. § 1466A. This statute makes it illegal to possess or produce child pornography even if no actual children are involved, such as through computer-generated images or cartoons.

The government does not need to prove that the defendant intended to harm a child. It does need to prove, however, that the defendant knowingly received, distributed, or possessed material that, under the law, is child pornography. Because even an investigation can have serious consequences, having representation during the early stages of a child pornography case can make a real difference in the outcome.

Even though Harrisonburg is a small city, federal child pornography charges are pursued just as vigorously as in other parts of the country. The United States Sentencing Commission recorded the following in 2024:

• 45.8% of child pornography charges were for possession.
• 99.1% of offenders were men.
• The average age of offenders was 41 years old.
• 47.2% of offenders received 5 years in prison.
• 99.5% of offenders received some type of prison sentence

For Harrisonburg residents, these federal child pornography cases are usually prosecuted in the U.S. District Court for the Western District of Virginia, Harrisonburg Division, or sometimes at the Roanoke Division courthouse. Both of these federal courts strictly adhere to the federal sentencing guidelines. Having a federal child pornography attorney can significantly help you in this legal process. Child Federal sentencing guidelines can be extremely harsh, so understanding how these apply to your situation is an important part of your legal strategy.

If you are under investigation, have been accused, or are facing charges related to child pornography, hire a federal child pornography lawyer right away.

Federal child pornography cases involving digital forensics and mandatory minimums require defendants to have strategic defenses against aggressive prosecution. At Johnson/Citronberg, our federal criminal defense lawyers have decades of experience with federal child pornography cases and investigations involving Homeland Security, the FBI, and multiple jurisdictions. Allegations or evidence can be misinterpreted, and sometimes people are falsely accused of child pornography offenses. Knowing how often these errors occur can be eye-opening for defendants and families alike.

We have defended hardworking individuals with careers, families, and reputations to defend. We have attacked illegal searches and obtained plea bargains that eliminate mandatory prison sentences. We develop each defense thoughtfully with your particular and unique circumstances in mind. When your freedom is at stake, experienced legal representation is a necessity. We can fight for you and your rights.

Does the First Amendment Protect Minors?

Yes, the First Amendment protects minors, but it doesn’t give minors the same rights as adults. Courts have held that schools and the government can limit what children have access to if it’s for their protection. So, for instance, if material was obscene for a child or in a schoolhouse, it can be limited or censored, even if it would be protected for an adult under the First Amendment.

What Is the National Child Search Assistance Act?

The National Child Search Assistance Act (NCSAA) mandates that law enforcement agencies enter missing child reports into the FBI’s National Crime Information Center (NCIC) database without delay. Passed in 1990, the law seeks to standardize search processes and facilitate rapid, nationwide response in cases of child abduction or runaway incidents. The law mandates police forces to respond quickly during child emergency situations.

What Is an Example of a COPPA Violation?

An example of a COPPA violation would include a major online corporation or streaming service gathering information from young viewers without parental consent. Online streaming services often have youth profiles, so collecting their data without the consent of their parents would be a violation. This includes tracking their viewing to personalize advertisements.

Can You Go to Jail for Watching Inappropriate Videos?

Yes, you can go to jail for watching certain types of inappropriate videos, such as child pornography. This is a federal offense and can result in imprisonment. Accessing these materials breaches federal child pornography laws and can lead to harsh punishments, including required minimum prison terms. Even if a person did not produce or distribute the material, the act of viewing it can result in felony charges and jail time.

Federal child pornography is a serious offense. You do not have to handle the legal aftermath alone. An attorney at Johnson/Citronberg can help you fight for your future. Contact us today to get started.

• Defending Child Pornography Charges: Strategies That Work

• Frequently Asked Questions About Child Pornography Charges

• Federal Court Process for Child Pornography Cases

• Protecting Privacy During Federal Investigations

• Difference Between Virginia State and Federal Child Pornography Charges