18 U.S.C. § 2252 - Federal Child Pornography
Child pornography cases on the internet have come into play over the last decade because the internet exploits young children and prevents them from getting caught.
Unfortunately, it's tough even for the feds to track the main culprits who are creating and producing child pornography, so what they end up doing is going after the people who are viewing the child pornography.
Anyone found possessing, producing, selling, or distributing any material depicting a child under 18 years of age in a sexual manner may be charged with child pornography under 18 U.S.C. § 2252. A lot of times, I hear clients saying it doesn't seem fair why they would be arresting and charging and trying to send them to prison versus trying to target and get after the suppliers of child pornography.
Targeting People Who View Child Pornography Images
The problem is since they can't catch those other individuals, they need to see somebody, and they also figure that if they can get rid of the people who are viewing it, then they'll no longer be a market for child pornography.
Particularly in Los Angeles, there are hundreds of arrests each year for child pornography because Los Angeles is such a highly dense population; it seems that there's a huge percentage of child pornography cases that are filed in the Central District of LA, and of course, I've represented several different clients, so I have a pretty good feel for how they investigate and prosecute these cases, and then in turn, obviously how to try and defend them.
What they do is they will take over websites, take over chatrooms, and then the feds will communicate with those individuals who are trying to get child pornography. See United States federal laws on child pornography.
That's one way that they're able to connect with those people and end up arresting them for either seeking child pornography, obtaining child pornography, or even trying to meet with children from conversations over the internet. Those are usually handled much more severely than individuals who look at child pornography or download it to view it.
So, the feds have been very successful at infiltrating some of these shared apps and various other entities that are involved with child pornography. They also have a good relationship with social media outlets like Facebook, Instagram, and other companies.
Downloading Child Pornography
For example, Microsoft who are being used as a filter for the supplier of child pornography and then the users who are downloading the child pornography. They usually keep tabs, and they will send information to the federal government about those individuals who are involved with child pornography.
Then, if the feds get a search warrant, they come, knock on the person's door, knock it down, and enter the location with a multi-task force of federal and state agents.
They seize a person's laptop. They seize their tablets and their phones, and then they catch them off-guard and take a statement from them, knowing that one potential defense to possession of child pornography in Los Angeles is that the information on the computer you didn't have to do with getting on there and somebody else must have done it.
They often get the person to admit that that's their computer and nobody else uses it, which helps block that defense. They seize the computer. They do that if they can look at or download anything on the spot.
If they can't, they have to take it to their forensic people, which usually takes a significant amount of time to download all the information.
Prefiling Intervention
Typically, I get involved with the case before filing. I contact the agents and the prosecutor, letting them know that I represent you, and try to work with them to minimize your damage.
One big thing is I can usually arrange a surrender if they are going to file a case against you, and we can go into court willingly and try to get you out on some signature or property bond.
Rather than a scenario where a couple of weeks or months later, they come, knock your door down again, come to your work, embarrass you in front of your neighbors, take you into custody, and now you have to go through that stress and embarrassment, that's one big thing that a reasonable federal criminal defense attorney can do in the Central District of California: help get you bailed out in an easy, painless manner.
The other thing is to start discussing a potential favorable resolution with the prosecutor versus letting them dictate precisely how everything will be dealt with. We try to coordinate with them so that we can get a successful outcome if you're charged with possession or distribution of child pornography.
Penalties for Federal Child Pornography Charges
Another big thing in these cases is the number of images you possess. Do you possess photographs, or do you also have videos? Usually, videos will count as ten images for purposes of tallying the amount of images that you might have related to federal child pornography.
Another big thing is distribution. If you're distributing child pornography to other people that you're obtaining on the internet, that comes with a 5-year mandatory minimum federal prison sentence of 85%. So, the distinction between distribution and possession is enormous.
Also, if you're producing child pornography, you could be looking at a 15-year mandatory minimum. We always think about producers as those individuals who are capturing children and forcing them to engage in sexual activities, filming it and putting it on the internet, and profiting from it.
That's one way that people are producing child pornography. Still, another way somebody could produce child pornography is by being in contact with a child and having the child send you a photograph of themselves. That would also fall under the umbrella and category of production of child pornography and subject you to the potential 15-year mandatory minimum sentence.
So, those are some things the prosecutors are looking at. Also, they're looking at the type of child pornography that you have. Is it just a picture of a child nude, or is extreme violence being done to a child?
There are all sorts of different forms that child pornography can come in. That's another considerable enhancement that could potentially be charged against an individual when it comes to these child pornography possession/distribution or production cases at the federal level in Los Angeles.
Retain a Federal Criminal Defense Lawyer
I've handled many of these cases over the last 26 years—mainly over the last decade. As the internet has become more prevalent and cybercrimes more common, the feds have gotten on the internet and started prosecuting people for these offenses. So, it's a severe situation.
You want to hire an experienced attorney who knows how to fight these cases if they're the proper case to be fought and who knows how to negotiate and do damage control if a plea bargain is in your best interest. Pick up the phone. Make the call. We can get the case moving in the right direction.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd #1208 Encino, CA 91436. We are also at 633 West Fifth Street, Los Angeles, CA 90071—call (213) 542-0979 for a free case evaluation.
