Child pornography is a taboo topic in our society. But every year, Americans receive charges of child pornography. If you or a loved one are under investigation or accused of possession of child porn, you need a child porn lawyer. You need a child pornography defense attorney who understands the ins and outs of defending these cases.
Contact us at the Zoukis Consulting Group if you or a loved one is charged with this conduct. Our attorney partners are experienced child pornography lawyers who can defend you in court and ensure you receive the lightest possible sentence.
Likewise, the Zoukis Consulting Group regularly prepares federal sex offenders for their time in federal prison. Don’t go it alone. Allow us to prepare you for federal incarceration and resolve issues while in custody.
Book a one-hour initial consultation today. Our team can answer your questions and connect you with one of our criminal defense attorney partners.
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Child Porn Lawyer | Child Pornography Lawyer
Federal pornography laws define child pornography as any image that explicitly depicts anyone under 18 in a sexual manner. An arrest can occur for possessing or creating these materials by taking pictures or filming. The Internet is the primary medium for spreading this content, and these convictions cannot be expunged.
State and federal task forces often investigate people facing child pornography charges for downloading sexually explicit content on their computers. Penalties between state and federal courts may differ, but both can result in severe prison sentences.
If you must go to federal prison for child pornography charges, you need a child porn attorney to defend you. A federal child pornography defense attorney will meet with you to review the evidence and craft a defense strategy designed to mitigate sentencing liability.
Likewise, the Zoukis Consulting Group team regularly prepares clients for federal incarceration. We can tell you everything you need to know about federal prison life.
For expert defense or consulting from a federal child porn lawyer, contact the Zoukis Consulting Group now. We’ll start working on your case immediately.
Different Types of Child Pornography Charges
There are several types of child porn offenses that a lawyer can help with. It is helpful to know the distinctions of each charge to understand what you can expect from sentencing.
These types of convictions can be either state or federal crimes. When it meets the conditions below, child pornography becomes a federal crime, and you’ll need federal child pornography attorneys.
Production of Child Pornography (2G2.1)
Child pornography materials are not protected speech under the First Amendment. Title 18, Section 2256 of the United States Code defines this content as any visual representation of sexually explicit conduct involving a minor.
Typically, defendants who produce visual depictions of child pornography are directly sexually abusing children. But note that individuals who request that children film themselves engaging in sex acts also receive charges in these child pornography cases. As such, the defendant need not engage in sexually abusive conduct hands-on.
Production of such federal child porn includes mediums like:
- Photos
- Videos
- Computer or digitally generated images
- Images adapted, created, or modified that appear or depict an actual, identifiable minor
Production offenses also include undeveloped video, film, or electronically stored information. All of these are illegal under federal law. These include engaging in sexually explicit conduct with exploited children.
§2G2.1 of the United States Sentencing Commission covers the following:
- Exploiting a minor through the production of this material
- A custodian who permits a minor to engage in this conduct
- Advertisements for a minor to participate in the production
Federal sentencing contemplates different underlying factors, including:
- The minor’s age
- The knowing misrepresentation to coerce, induce, persuade, or entice a minor to produce sexually explicit conduct
If you are charged with producing child pornography, you need an experienced child porn lawyer. Since defendants convicted of this conduct often receive around 30 years in federal prison, you must retain a federal child pornography attorney.
Possession of Child Pornography (2G2.2)
Possession of child porn is a separate and distinct offense from production. The actions that can lead to these charges do not need to be explicitly sexual. If the photo is merely sexually suggestive, as in a naked child presented in a subtly sexual way, the person can still be charged with child pornography.
The federal age of 18 applies to federal child pornography laws. The age of consent in the state where the crimes occurred does not matter. For example, if the minor is under 18, even if the state law age of consent is 16, possessing sexually explicit materials depicting the person qualifies as federal child porn.
The severity of the sentence can vary based on the number of images, type of images, and other factors. For example, a stiff sentencing enhancement applies if the materials depict minors under 12. Likewise, a distribution enhancement may apply if the defendant shares child porn with others.
Usually, you must knowingly possess or knowingly access with intent to view child pornography. While the method of viewing or accessing can vary, this generally includes films, periodicals, magazines, and images or videos downloaded online. The primary requirement for federal jurisdiction is transporting or shipping the materials in interstate commerce. The use of a computer and the Internet fulfills this requirement.
If you are charged with possession of child porn, you need an experienced federal child pornography defense attorney. Do not speak to the police or anyone else. You should only disclose information to your federal child porn lawyer.
Receipt and Distribution of Child Pornography (2G2.2)
Further, possession of child porn can be broken down into the following subsets:
- Trafficking Material that Involves Sexual Exploitation of a Minor
- Receiving, Sending, or Advertising Material that Involves the Sexual Exploitation of a Minor
- Possessing Material that Involves the Sexual Exploitation of a Minor with Intent to Traffic
- Possessing Material that Involves the Sexual Exploitation of a Minor
These subsets move beyond simply possessing and count as distributing, usually for pecuniary gain. Receipt of child pornography is a common additional charge for those charged with child porn. Once child pornography enters the market and a defendant intends to traffic this material, the severity of the crime begins to increase.
The above discussion highlights why speaking with a child porn lawyer as soon as possible is so important. Federal law enforcement investigators typically approach child porn defendants and attempt to solicit information. Often, this includes a soft pitch about them just wanting to clear up the matter. Don’t be fooled.
The best action is to remain silent when under investigation for possessing child porn. Any disclosures to law enforcement will be used against you to secure a longer federal prison sentence. Instead, speak with your federal child pornography defense attorney promptly.
Punishments for Child Pornography Crimes
Under federal child porn law, anyone convicted of possession of internet child pornography can be found guilty and sentenced to a prison term lasting up to 10 years. The punishment could be 20 years if the child was under 12. Those found guilty of distributing or receiving child pornography face sentences lasting between 5 and 20 years.
Significant fines may also be imposed for these offenses, including mandatory restitution to a general victim’s fund. Federal prison sentences may also be increased if the defendant has related prior sexual offenses.
Federal child pornography sentencing is a particularly fraught area. Most defendants receive a base offense level of 18 plus the standard 13-level enhancements for typical conduct. This can amount to many years in federal prison.
Don’t run the risk of an inexperienced criminal defense lawyer. Hire an experienced federal child porn lawyer today. In conjunction with the Zoukis Consulting Group, we can argue for the lightest possible sentence. Likewise, we can help you prepare for a period of federal incarceration, resolve in-prison matters, and help get you home as soon as possible.
Contact a Child Pornography Lawyer Today
If you are charged with any form of federal sex abuse, including violating federal pornography laws, call the experienced team at the Zoukis Consulting Group.
Our team has significant experience preparing federal sex crime defendants for periods of incarceration. This includes working with our network of child porn attorneys and law firms to ensure you receive the lowest possible sentence.
In conjunction with your federal child pornography defense lawyer, we are more than just the right team for your child porn charges. We can help mitigate your possible sentence and be there for you and your family every step of the way. Our consultants have first-hand knowledge of life in federal prison and will advise you on tackling this life change.
Call the Zoukis Consulting Group today if you need a federal child pornography lawyer. Our team can mount a vigorous defense and advise you on federal prison life today.
Published Feb 15, 2022 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Oct 5, 2023 at 11:54 pm
