Portsmouth Federal Child Pornography Lawyer

In federal child pornography cases, there are multiple types of conduct under investigation, including both the production and distribution of sexually explicit materials featuring minors as well as simple possession of these materials. Possession charges can result when a defendant knowingly stores a prohibited image or video file on his or her computer, a cloud service, or a removable storage device.

Receipt or distribution charges typically involve a defendant who has knowingly obtained, shared, or otherwise transmitted prohibited content.

Investigations typically begin with an Internet service provider, social media site, or other technology company finding suspicious files on its network and reporting the matter to the National Center for Missing and Exploited Children (NCMEC). The NCMEC may then provide the information to law enforcement personnel, who can subpoena accounts, seize devices, and track IP addresses. Learning how internet crimes are reported in Virginia can help defendants understand the investigation process.

Various elements, such as malware infections, multiple individuals using a device, and stored cached files, can distort digital forensic evidence to wrongfully suggest unauthorized actions by a person. Because of this, it is critical to have an attorney who can review the evidence and find defenses. The issue of deleted and temporary internet files in child pornography cases often becomes central to building an effective defense strategy.

Federal child pornography laws are structured to be as vigorous as possible against conduct involving minors. The key statutes are 18 U.S.C. § 2251 for production, and 18 U.S.C. Sections 2252 and 2252A pertain to legal actions related to possessing, receiving, distributing, and transporting child pornography. The PROTECT Act of 2003 and other statutes boost penalties and widen what they cover to include depictions produced through digital means.

Courts in the Eastern District of Virginia, where many Portsmouth federal cases are heard, weigh statutory penalties and federal sentencing guidelines when handling these matters. Judges consider factors such as the age of depicted minors, the number of images, computer use, and criminal history. The difference between Virginia state and federal child pornography charges can significantly impact both the court proceedings and potential outcomes.

The average sentence for those convicted of child pornography possession was 82 months. The average for child pornography trafficking was 138 months. The average for receiving child pornography was 106 months.

A federal child pornography conviction results in severe penalties, depending on the specific crime. The federal child pornography sentencing guidelines are complex and often result in lengthy prison terms. Some common child pornography crimes and penalties include:

• Possession, which includes up to ten years of federal imprisonment
• Receipt or distribution, 5 years mandatory minimum, up to 20 years maximum
• Production or attempted production, 15 to 30 years (longer in many cases for repeat offenders)

Convicted defendants are also required to do sex offender registration, several years of supervised release, and have restrictions on the use of computers or the internet. The court can also order a forfeiture of devices that were used to commit or facilitate the offense.

In certain cases, there are some factors that increase the severity of penalties a convicted individual may face. Some of these factors include:

• Involving very young children, toddlers, or infants
• Having or distributing a large number of photos or videos
• Distributing content widely, such as through a large network of people or on a large platform
• Having prior offenses
• Tampering with evidence

Each of these elements can double or triple a potential sentence under the federal sentencing guidelines. The presence or absence of aggravating factors determines whether someone faces decades in prison or receives a moderate sentence for the same behavior.

A capable Portsmouth federal child pornography attorney can carefully review these elements and take steps to avoid or minimize their impact, whether through contesting the evidence, negotiating a plea agreement, or advocating on a client’s behalf at sentencing. There are multiple defenses available for child pornography charges that an experienced attorney can evaluate for your specific case.

Johnson/Citronberg handles complicated federal defense, including child pornography in Portsmouth. We routinely practice in the United States District Court for the Eastern District of Virginia, Norfolk Division, which is minutes from Portsmouth. We have local knowledge and experience to help defend those accused of serious federal crimes.

What Is the Difference Between Viewing and Possessing?

Viewing is defined as watching or looking at illegal material. This is different from possession because the activity of viewing doesn’t always include saving it. Possession means to control the material in some way. Possession involves having control over content on devices, on cloud accounts, or through physical media. Possession of child pornography is usually more easily proven by prosecutors since the evidence is often on a device or in a cloud storage system.

When Did Child Pornography Become Illegal in Portsmouth, VA?

Child pornography has been illegal in the United States for many decades, but it was not federally regulated until the Protection of Children Against Sexual Exploitation Act of 1977. The PROTECT Act of 2003 and several other laws since then have increased penalties, broadened the definition, and made mere possession a serious federal crime.

Is Owning and Possessing the Same Thing in Portsmouth, VA?

Ownership and possession do not always overlap. A person might be deemed the owner of something in a legal sense if they have a legal title to it, even if they don’t have physical possession of it. On the other hand, a person might be in possession of something but not in ownership of it if they have direct physical control or access to it, even if only for a short time.

Is It Legal to Watch Pornography in Portsmouth, VA?

Yes, it is legal to watch pornography depicted by two consenting adults in the United States. Viewers must be 18 years or older. It is illegal for minors to view pornography. Additionally, it is illegal to view child pornography under all circumstances. Other forms of pornography that meet the Miller Test requirements may also be restricted.

Being accused of federal child pornography is serious. If you are ever charged, hire a federal child pornography lawyer with Johnson/Citronberg today. Contact us 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
• Why You Need Your Own Computer Forensics Defense Expert
• Handling False Allegations of Child Pornography
• How Often Are People Falsely Accused of Child Porn?
• Federal Court Process for Child Pornography Charges