The distribution, receipt, or possession of child pornography is a serious crime despite not being a “contact offense” (meaning the child victims were previously sexually assaulted or victims of statutory rape). Child pornography typically involves the use of actual children and those charged with the possession of child pornography can face serious allegations under Federal Law. Even briefly looking at photos or videos of child pornography on a phone or computer is a crime that may lead to charges with possible 5 to 20 years of federal prison time.
With access to the internet and to pornographic content on computers, phones, and other electronic devices child pornography cases are increasing at exponential rates with a 2,500 percent increase over just the past 10 years. It’s also much easier for interested groups to form and to share child pornographic content with each other. Technology for tracking internet actions and everything people do online has also become easier and helped organizations and federal institutions find those that are in possession of and distributing child pornography. Because of these advances in technology and the laws regarding child pornography, it’s easy for charges to be brought down on people that come into possession of child pornography or distribute in any form.
Federal Child Pornography Charges
If you’ve been recently contacted and told that you’re under investigation for certain activities relating to material constituting or containing child pornography, then you need a legal defense that’s known for defending and winning federal cases involving child pornography. At Cofer Luster Law Firm, P.C. our attorneys are the expert trial defense attorneys for federal crimes relating to material constituting or containing child pornography. There’s crucial information that you need to know about what happens when you are under investigation for distribution, receipt, or possession of child pornography. The charges of which can be up to 20 years of federal prison time.
Thus, it is crucial that when you find out that you are the target of an active investigation into the possession of child pornography, distribution of child pornography or any other related offense, you immediately retain the services of an experienced and skilled criminal defense attorney who is experienced and effective in dealing with Possession of Child Pornography and Distribution of Child Pornography cases.
Federal Charges for Viewing, Possessing, or Distributing Child Pornography
First time offenders who view, possess, or distribute child pornography will usually be charged with an offense having a possible sentence of 5 to 20 years of federal prison.
For second time sexual offenders who view, possess, or distribute child pornography the charges will likely carry a 15 to 40 years of federal prison.
Federal Charges for Knowingly Possessing with the Intent to View Child Pornography
First time offenders who knowingly possess with the intent to view child pornography of a child of 12 to 17 years of age will likely be charged with an offense having possible federal prison sentence of up to 10 years.
First time offenders who knowingly posses with the intent to view child pornography of a child under the age of 12 will likely be charged with an offense having a possible feeral prison sentence of up to 20 years.
Second time sexual offenders who knowingly possess with the intent to view child pornography will likely be charged with an offense having a possible federal prison sentence of not less than 10 years and up to 20 years.
Affirmative Defense for Knowingly Possessing Child Pornography
Our goal at Cofer Luster Law Firm, P.C. in a case where a client is charged for knowingly possessing with the intent to view child pornography that our client has an affirmative defense* according to 18 U.S. Code § 2252 (c) Affirmative Defense. We can only apply this defense of violating paragraph (4) of subsection (a) within 18 U.S. Code § 2252 if the defendant:
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof—
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
If you’ve been charged with the possession, receipt, distribution, or of knowingly possessing child pornography, then you should hire the Child Pornography Defense Trial Lawyers of Texas at Cofer Luster Law Firm, P.C.