Child Pornography Charges: Understanding the Federal Laws in the United States

If you have been thinking about child pornography charges in the United States, then you are not the only one!

Being one of the most serious crimes in the country under federal law, facing child pornography charges can ruin the life of the accused.

But what is it all about? And what are some of the defenses that one should know when facing such charges?

Hi. In today’s blog, these are some of the questions that I will be answering. So, keep reading this blog till the end and thank me later…

Sexual Exploitation of Children

Under federal law, child pornography production is distinct from child sexual exploitation.

We all know that it is against federal law to attempt to coerce, persuade, or lure a juvenile to engage in a sexual act to record a video, photo, or other visual representation thereof (18 U.S.C. §2251).

The same thing goes with other federal child pornography; any person who falls under 18 is a minor.

However, you should know that one can face charges of sexual exploitation even if anything in question happens outside of the United States.

To prosecute the accused person for creating a child pornography video or image in another country, the government has to prove that the accused person had the intent to transmit or make the child pornography available to citizens of the United States.

Sexual exploitation is a federal crime that carries dire penalties. The maximum sentence is 30 years, with a mandatory minimum of 15 years.

There are several factors that determine the exact sentence for a conviction on child pornography or sexual exploitation charges.

If you are facing such charges, it is best that you get in touch with a sexual assault lawyer. They are going to be your savior and provide legal assistance to you!

In child pornography cases, the punishment is usually determined by how many pictures or films a defendant possessed or distributed.

Additionally, the age of the children in the images and the types of sexual acts depicted also play a role in such cases.

There are also enhancements for people who have engaged in a pattern of similar conduct, even if the person has never been previously charged or convicted of a sex crime.

Understanding Federal Laws on Child Pornography

Any “visual representation” of a child engaging in “sexually explicit conduct” is child pornography under federal law. A photo, video, or digital image is not unlike a visual representation.

A minor is someone younger than eighteen. Intercourse, masturbation, and “lascivious exhibition of the genitals or pubic area” all constitute a form of “sexually explicit conduct.”

If that nudity is sexually suggestive, that may constitute “sexually explicit conduct.” The production, distribution, receipt, and possession of any child pornography is a violation of federal law.

Also, federally, it is illegal to intentionally search for and watch child porn. This remains even if anyone deletes or destroys the photos subsequently.

The penalty for a federal child pornography charge is a substantial jail term.

The penalty for intentional possession of child pornography is up to 10 years in prison; if the image depicts a child under the age of twelve, the maximum time is 20 years.

A person convicted of receiving or distributing child pornography could face five to 20 years to life in prison.

However, a prior conviction can result in much more severe punishment. The court might also order fines and reparation payments to compensate any identifiable victim of the offense.

As well as the fact that a conviction of a child pornography offense in federal court will lead to sex offender registration.

State Vs. Federal: Things You Should Know

Now that you know about what the federal law deals with such charges, it is time for you to know about the state laws:

Federal Child Pornography Charges

A federal child pornography crime, say, manufacturing, distribution, or possession of that pornography, generally requires that the illegal act cross state lines or use the internet or the mail.

Federal and state law enforcement authorities have routinely collaborated to investigate, arrest and convict those in the child porn trade.

Since 1998, the Internet Crimes Against Children Task Force has tried to enhance cooperation and bring justice to those people who have experienced such traumatic incidents.

The task force members target those who produce and distribute child porn through the Internet. They also target sex offenders who solicit minors in internet chat rooms.

State Child Pornography Laws

Although federal authorities typically lead the way, state prosecutors can also file child pornography charges. Texas Penal Code Section 43.26, for instance, establishes the offense of Possession or Promotion of Child Pornography.

This offense prohibits the behavior of knowingly or willfully possessing or having access to visual representations or content of a child who is younger than 18 at the time having sex (including actual, simulated, or deviant sex; masturbation; and other sex acts); 

Texas law further states that the prohibited conduct includes depictions of a child who is 

(1) identifiable as an actual person by face, likeness, or other distinguishing characteristic, and

(2) whose image as a child under the age of eighteen was used in creating, adapting, or modifying the visual material, including computer-generated methods, using artificial intelligence, or other software whenever the person is aware that the material depicts a child.

Legal Consequences

It is a third-degree felony in Texas to possess or promote child pornography. A convicted criminal faces a $10,000 fine, two to ten years in state jail, or both.

Offenders may receive up to 20 years in state prison if they had previously been convicted. Additionally, states are now the site of new legislation aimed at preventing children from accessing pornographic websites.

In 2022, a law was passed in Louisiana requiring online pornographic sites to use age verification. Visitors to these websites must present identification proving they are at least eighteen.

Businesses that don’t follow the rules risk severe civil penalties. Just like this, authorities have also started checking out similar plans in several states.

Child Pornography Charges: Penalties and Consequences You Need to Know

Compared to state child pornography laws, convictions for federal child pornography offenses carry significantly harsher penalties.

For example, a first conviction usually entails a sentence of five to twenty years in prison and fines.

In contrast, the punishment for a second or subsequent conviction, or a conviction following a previous conviction for child trafficking or sexual abuse, rises to 15 to 40 years in jail.

On the other hand, some child pornography offenses are punishable by up to 10 years in jail, or 10 to 20 years if the sentence comes after a previous conviction for child pornography or child sexual assault.

The U.S. Sentencing Commission reports that 98.7% of those found guilty of child pornography offenses were sentenced to prison, with an average of 110 months in jail.

The average penalty for convictions related to trafficking was 145 months, the average sentence for convictions related to receiving child pornography was 101 months, and the average sentence for those found guilty of possessing child pornography was 78 months.

Following their release from jail, a person convicted of child pornography will also need to register as a sex offender.

A criminal record and a registration on sex offender registries can have long-term effects, such as making it difficult to find work, housing, or educational prospects.

Convictions for child pornography may bar offenders from employment that requires them to interact with or have access to minors.

Criminal Defense Against Child Pornography Charges

Child pornography charges in federal court present numerous defenses that are rooted in facts or law. For example, the US federal law on child pornography has a special defense.

It is based on the fact that if the accused had up to three child pornographic materials, law enforcement has to set them free. However, there’s a catch!

In order for that to happen, he should either destroy them or give them to the police without anyone else seeing it.

People who find child pornography by accident receive a free pass from the prosecution and conviction if they use the defense as mentioned earlier.

Typical defenses such as those listed below are used in the case of child pornography:

• Show that depicted people are at least 18 years old.
• Argue that sexual content is not represented in the image.
• Point out that you never intentionally or knowingly purchased, used, or owned child pornographic material.
• Proof that someone else was using your IP address to watch the child pornographic content.

In defense, another approach is to argue that in the process of the investigation of the case, the police department has gone too far in violating your rights.

Some of these include:

• Getting the search warrant for data and communication without a cause.
• Examining your property without warrant or cause.
• Violation of the Miranda rights while interrogating.

Wrapping It Up!

In conclusion, child pornography is a serious crime and a punishable offense under federal law.

While it is very important for you to know what to do in case you or your family faces such a crime, it is equally important that you know how to defend yourself for charges.

Child Pornography charges can potentially ruin your life and future. This is primarily because it is a statutory crime under the federal law.

Therefore, it is best that you find yourself the right criminal defense lawyer. Having an experienced lawyer by yourself will ensure that you are able to protect your rights.

Read Also:

• Quid Pro Quo Harassment: What To Do If Your Office Superior is Harassing You?
• Statute of Limitations for Sexual Assault: Are There Time Limits?
• What to Do If You Are Falsely Accused of a Sex Crime