Lynchburg Federal Child Pornography Lawyer

Federal child pornography prosecutions are different from most other cases. Digital evidence plays a huge role. Investigations often start with an email or report from a tech company, like Google, Dropbox, or Microsoft, to the National Center for Missing and Exploited Children (NCMEC). Investigators use the power to subpoena IP addresses and ISPs, together with search warrants, to obtain computers and mobile devices.

The problem is that computer evidence doesn’t always reveal the whole truth. Images could have been downloaded without the user’s knowledge, cached in the temporary files, or created and downloaded by malware. A family member or roommate might be using the same computer or Wi-Fi connection.

Federal prosecutors have a tendency to pursue serious charges based only on the existence of the files on a computer or mobile device. Defense lawyers use digital forensic professionals who evaluate metadata and download history, among other evidence, to verify if the defendant really maintained control over the material. This is why having your own computer forensics defense expert can be critical to building a strong defense.

There are numerous federal laws that apply to child pornography charges. Understanding what sex crimes are considered federal crimes helps defendants comprehend the severity of their situation. Some of these laws include the following:

• 18 U.S.C. § 2251. This law covers the exploitation of children, including enticing them to perform sexual acts on camera or video.
• 18 U.S.C. § 2252. This law makes it illegal to transport, mail, receive, distribute, reproduce, or promote child pornography knowingly. This law and its subsections criminalize possession and distribution. Simply having files of this nature can result in serious penalties, but downloading and/or sharing them with others carries even steeper consequences.
• Attempt or conspiracy. Even if no images or videos are actually shared, the attempt to do so can also lead to similar penalties as if the exchange occurred.

The sentences in these federal child pornography cases are some of the most severe in the federal system. Understanding federal child pornography sentencing guidelines is essential for anyone facing these charges. Possession cases carry a maximum of ten years. Receipt or distribution cases have a mandatory minimum of five years and a maximum of twenty. Production is fifteen to thirty years, with higher sentences for repeat offenders. Many judges order long supervised release periods, internet access limitations, and mandatory sex offender registration during sentencing.

Among defendants sentenced for child pornography offenses in 2024, 45.8% received punishments for possession, 43.1% for trafficking, and 11.1% for receiving child pornography. Many defendants wonder if they can get probation in a federal child pornography case, and while challenging, it’s not impossible with proper legal representation.

If you are looking to hire a federal child pornography lawyer in Lynchburg, you are already on the path to protecting your rights. Defendants face powerful federal prosecutors but remain protected through skilled representation. Knowing what to expect from the federal court process in child pornography cases can help you prepare mentally and legally for the road ahead.

Your Lynchburg federal child pornography attorney can look at the warrant for your search and arrest to make sure the police did not overstep their bounds. In addition, an attorney can call in forensic professionals to rebut the government’s version of the events. There are multiple defense strategies available for child pornography charges, and an experienced attorney will know which approach works best for your specific situation.
In many cases, pretrial work is the most crucial work for your defense. Motions to suppress unlawfully obtained evidence and statements can result in dismissal or reduction of charges. When cases go to sentencing, an attorney’s effective advocacy can mean the difference between years in federal prison and a much shorter sentence. Beyond criminal consequences, these charges can have serious implications for family court and child custody matters, making skilled legal representation even more critical.

Johnson/Citronberg is a nationally known litigation firm that handles federal and state criminal defense. We have offices in Alexandria, Virginia, Atlanta, Georgia, and a satellite office in Charlottesville. Our Lynchburg, VA attorneys practice in federal court throughout the country and in state courts in Virginia, Georgia, and Washington, D.C.

We handle complex cases from the initial investigation all the way through trial and appeal, and develop innovative, non-traditional defense strategies tailored to each case. Our attorneys have been named Virginia Super Lawyers, Georgia Super Lawyers, and in other top publications for their excellence in defense. Regardless of the charges you are facing, we can fight for you.

Is It Illegal for Minors to Look at NSFW in Lynchburg, VA?

Yes. The law differs by state, but in general, sexually explicit or pornographic material is not legally accessible to minors. Federal and state law place restrictions on the distribution of adult material to those under 18 years of age. While prosecution of minors for viewing pornography is rare, website operators and providers may be held liable for permitting minors access, and parents and guardians may be liable for taking reasonable steps to restrict access.

Is It Illegal to Video Kids in Public in Lynchburg, VA?

Recording children in public places is not inherently illegal, as one does not usually have a reasonable expectation of privacy in a public place. Whenever recording or distributing pictures of minors for sexual purposes or without consent, it turns into child pornography and exploitation violations. Innocuous recordings can also become a legal or ethical issue if a parent or guardian objects to the recording, so caution is recommended when recording children.

What Is the Miller Test?

The Miller test is the three-part standard created by the U.S. Supreme Court for assessing whether material is legally obscene.

The first part asks whether the average person would find that the work, taken as a whole, appeals to the prurient interest. The second consideration asks whether the work depicts sexual conduct in a patently offensive way as defined by state law. The third determines if the material holds substantial literary or artistic value or has scientific or political significance.

What Is the Significance of the Anti-Child Pornography Act in Lynchburg, VA?

The Anti-Child Pornography Act of 2003 amends federal laws on the production, possession, and distribution of child pornography. It broadened definitions of such material, increased penalties, and removed legal loopholes that once allowed depictions of child pornography simulated or generated by a computer. The Act expresses the intent of Congress to vigorously prosecute all cases involving the use of actual children in pornographic material.

If you have been accused of child pornography, you need legal representation right away. Contact Johnson/Citronberg today to get started.

• Representation During Child Pornography Investigation: What to Do
• Protecting Privacy and Reputation During Federal Child Pornography Investigations
• Thumbs.db Files: Defending Child Pornography Charges
• Deleted and Temporary Internet Files: Defending Child Pornography Charges
• Handling False Allegations of Child Pornography
• Mental Health Considerations and Evaluations in Child Pornography Cases
• Federal Mandatory Minimums vs Sentencing Guidelines for Child Porn Cases