Washington DC Federal Child Pornography Lawyer
Federal Child Pornography Attorney in Washington DC
Being charged with a federal child pornography crime in Washington, D.C., is one of the most serious and stressful things that can happen to a person. If you are under investigation or have already been charged, you need to speak with a skilled Washington, D.C., federal child pornography lawyer who knows the seriousness of the allegations and the intricacies of federal law.
Many of these cases are prosecuted in the E. Barrett Prettyman United States Courthouse located downtown on Constitution Avenue. The federal court system operates under its own distinct set of rules and sentencing standards when compared to the D.C. Superior Court, so it’s critical to understand the federal court process for child-pornography charges and retain counsel with significant experience in federal practice.
About Johnson/Citronberg
At Johnson/Citronberg, we have years of collective experience representing clients who have been charged with federal crimes in Washington, D.C. Our lawyers regularly practice in the E. Barrett Prettyman U.S. Courthouse and are familiar with the nuances of practicing in federal court.
Johnson/Citronberg is nationally known, as recognized by Super Lawyers and the Washington Post, for handling high-stakes federal criminal cases, including federal child pornography cases. We are dedicated to protecting our clients’ rights with the compassion and zeal you need.
Understanding Federal Child Pornography Cases
Not all pornography cases are federal. A case becomes a federal case when the offense occurred in more than one state, or when the material is distributed using an internet service provider, or when the material uses an electronic communication that transmits data via a computer or the internet in another state or country. The federal codes 18 U.S.C. §§ 2251, 2252, and 2252A cover child sexual abuse material production as well as its possession, distribution, and reception.
Illegal downloads from peer-to-peer networks or cloud storage often become federal offenses because the material moves electronically between states. Several federal law-enforcement agencies are responsible for handling these cases, and their investigations can be extensive and technical, frequently calling for your own computer-forensics defense expert to evaluate devices, logs, and metadata.
Defendants convicted of possessing child pornography received an average prison sentence of 79 months. The criminal records show that 74.4% of these convicted did not receive mandatory minimum penalties, while their sentences averaged 62 months.
How Investigations Happen in Washington, D.C.
In the Washington, D.C., area, federal child pornography investigations usually begin with a report from an internet service provider (ISP) or other technology company. ISPs and technology companies are legally obligated to report suspected child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC). NCMEC then reports the issue to the federal authorities. From there, agents may use undercover operations, monitor peer-to-peer networks, and trace IP activity before seeking warrants to seize devices. While the case develops, a parallel strategy aimed at protecting privacy and reputation during federal investigations can be crucial.
The federal investigation might include the use of undercover agents interacting with users online, monitoring peer-to-peer file-sharing networks, or identifying and tracking the IP address of the user engaging in illegal activity. Federal agents and prosecutors will receive authority to search homes and electronic devices after they establish probable cause.
Digital forensic examiners will then analyze the data, and the evidence they uncover will form the basis of most federal child pornography prosecutions. Federal child pornography investigations are very technical and complex.
Sentencing Guidelines and Federal Child Pornography Penalties
Among other things, the U.S. Sentencing Guidelines establish offense levels according to the quantity of photos, computer use, and distribution. Possession carries a sentence of five to ten years in prison. Usually, production sentences last 15 years or longer. Because enhancements can quickly escalate exposure, aligning defense strategy with the federal child-pornography sentencing guidelines is essential. Collateral consequences can include:
- Sex offender registration, likely for life
- Limitations on the Internet
- Barriers to employment
- Having your professional license revoked
- Relationship tension
- Jeopardization of child custody rights
A Washington, D.C., federal child pornography attorney can help you in your case to build an appropriate defense to mitigate these consequences.
Hire a Federal Child Pornography Lawyer
If your freedom and your future are at stake, hire a federal child pornography lawyer who can fight aggressively on your behalf. Federal prosecutors have to deal with complicated statutes, sentencing guidelines, and courtroom procedures that are different from state prosecutions. A skilled Washington, D.C., lawyer can attack the government’s case, negotiate with the prosecutor, and make powerful arguments in front of a judge or jury on your behalf.
FAQs
Why Was the Child Online Protection Act of 1998 Ruled Unconstitutional?
The Child Online Protection Act (COPA) was passed into law in 1998, but later court rulings declared it unconstitutional. The Act attempted to place restrictions on the viewing of harmful content by children. The court determined that the legislation violated the free speech clause of the First Amendment, as the language used was too broad and vague to exclude lawful adult speech.
Can I Be Filmed Without My Consent in Washington, D.C.?
Whether you can be filmed without your consent depends on the circumstances. Public places come with no reasonable expectation of privacy; thus, filming people there remains legal in most instances. It is against the law to record footage in private areas such as bathrooms, dressing rooms, and residences without acquiring consent.
Can You Take Pictures of Minors Without Consent in Washington, D.C.?
Photographing minors without their consent in public places where they have no reasonable expectation of privacy is typically legal. Any distribution or use of photographs for commercial gain or harassing purposes without parental permission breaks privacy regulations and child protection laws. Photographing minors without their consent in private places is typically illegal and can lead to severe legal repercussions.
What Is the Miller Test?
The Miller Test is a test used in United States law as a test for the obscenity of speech or expression and a denial of First Amendment protection. It asks whether the average person would believe that the work appeals to the prurient interest, if it depicts sexual conduct in an offensive way, and if the work, taken as a whole, lacks serious artistic, political, scientific, or literary value.
Contact Johnson/Citronberg Today
If you have been charged with federal child pornography, hire an attorney at Johnson/Citronberg right away. We can help fight for your rights and future. Contact us today to get started.
