Federal Child Pornography Laws
There are a number of laws that detail the criminality of child pornography. Each law deals with a certain aspect of the possession, creation, or distribution of these materials.
The primary federal laws governing criminal actions are found in 18 U.S.C. § 2252 and § 2252A, which make it illegal to receive, distribute, transport, or possess child pornography. In the federal system, possession is not subject to any mandatory minimum, but can still result in a significant prison sentence under the U.S. Sentencing Guidelines, especially in cases with aggravating factors.
Receipt and distribution each carry a mandatory minimum sentence of five years and a maximum of 20 years. Federal cases often center on this distinction as prosecutors choose to bring charges of receipt instead of possession to ensure a mandatory minimum sentence.
Virtual, or computer-generated, material is covered under 18 U.S.C. § 1466A, which bans creating and distributing obscene visual representations of child sexual abuse, including animated or cartoon versions that show minors participating in sexual acts. Possession of this material is also illegal under this statute, even if no actual children were involved in its creation. Sentencing for these cases is extremely complex. The difference between federal mandatory minimums and guideline recommendations can mean years of additional prison time, making it crucial to have a lawyer who understands how federal sentencing works in child pornography cases.