When it comes to the area of federal child pornography charges, the process typically starts with federal authorities discovering child pornography on someone's computer. The next step is determining the appropriate charge for the individual.
It's illegal under 18 U.S.C. § 2252 to produce, distribute, receive, or possess any child pornography. Under federal law, it's also illegal to knowingly search for and view child pornography, even if the images are deleted.
A conviction for federal child pornography can result in 10 years in federal prison for knowingly possessing child pornography and up to 20 years if the minor depicted in the images is under 12 years old. The distribution or receiving of child pornography carries up to a 20-year prison sentence, underlining the severe consequences of these actions.
If you have a prior conviction, the penalties will increase. Also, there will be fines and victim restitution payments. A child pornography conviction in federal court will require registration as a sex offender.
Possession and Distribution of Child Pornography Images
If they find it on their computer, they could certainly charge them with possession of child pornography, which basically means that that particular individual possessed child pornography on their computer, their cellphone, or other devices. That's probably the least serious charge related to child pornography there is.
If that person sent the child pornography to anybody or shared the child pornography with someone, then that person could also be charged with the distribution of child pornography, which is a much more serious charge than just straight possession of child pornography.
This is because now you're making child pornography available to somebody else. If it's on the computer, then the feds are usually going to get involved. If you're involved in multiple images, then the federal government will become involved in prosecuting you.
Production of Child Pornography
For instance, if someone creates a film featuring underage individuals engaging in sexual acts and then sells or distributes it online, they could be charged with the production of child pornography. Another example is if an individual asks a minor to send a nude photograph, that could also be considered the production of child pornography.
There's another way that the feds can get this particular crime, and that is if you ask a minor to send you a nude photograph, for example, that would be the production of child pornography.
It carries the same teeth as if you produced a movie and put it out there and victimized a child. There are mandatory minimum penalties for sex offenses in the federal criminal justice system.
Mandatory Minimum Penalties for Federal Sex Offenses
So, you have to be careful because the production of child pornography, which usually carries a 15 mandatory minimum, can be very damaging to a criminal defendant, and the judges and prosecutors look at it very broadly.
They will charge someone with production if they think they can prove it and if they think it reached the definition that is necessary in order to charge somebody with the production of child pornography.
Depending on the circumstances, there may be room for negotiation. However, the potential for a 15-year sentence gives the prosecution significant leverage in these negotiations.
This provides a clear understanding of the differences between the charges, helping you to be better prepared for the legal process.
But suppose someone is going to have to plead guilty to a federal child pornography charge. In that case, you'd obviously want just a straight possession of child pornography plea versus distribution or production.
