Cleveland Child Pornography Defense Attorney

Child Pornography and Federal Law

The Anti-Child Pornography Act is a series of legal statutes aimed at combating the creation, distribution, and possession of child pornography. These laws have been enacted in many jurisdictions around the world, and there is substantial international cooperation to tackle this serious issue.

In the United States, the laws against child pornography are rooted in several federal statutes, including the Protection of Children Against Sexual Exploitation Act of 1977, the Child Pornography Prevention Act of 1996 (CPPA), and the PROTECT Act of 2003.

The CPPA, for example, broadened the definition of child pornography to include not only visual depictions of actual minors engaged in sexually explicit conduct but also images that appear to be minors or that are advertised to convey the impression that the material includes minors. This addressed the emerging problem of “virtual” child pornography created through digital manipulation.

The PROTECT Act further strengthened the laws by eliminating the requirement that the material must depict an actual child, as long as it is a “visual depiction” that is “indistinguishable” from a minor. This closed legal loopholes that previously allowed offenders to escape prosecution.

Under these laws, child pornography is defined to include a wide range of material, including photographs, videos, digital media, and even drawings. Possession, creation, distribution, or solicitation of child pornography is considered a serious federal crime, and it is punishable by severe penalties, including substantial prison sentences and heavy fines.

In addition to federal laws, individual states have their own statutes targeting child pornography. These state laws often mirror federal regulations, but can include additional provisions specific to each state.

The fight against child pornography also involves extensive cooperation between various law enforcement agencies, both within the United States and internationally. This includes the FBI, the Department of Homeland Security, Interpol, and others. They work together to track, investigate, and prosecute individuals involved in child pornography, employing techniques such as monitoring peer-to-peer networks and conducting sting operations.

The laws against child pornography recognize the severe harm that the creation and distribution of such material cause to children. They reflect society’s commitment to protecting children from sexual exploitation and abuse.

If you or someone you know is facing charges related to child pornography, it is crucial to understand the specific laws in your jurisdiction and to seek legal counsel with experience in this highly specialized area of criminal law. The penalties are severe, and the legal landscape is complex, requiring a defense that fully understands both federal and state statutes.

Federal Child Pornography Charges in Cleveland, OH

One of the most devastating charges an individual can face is a conviction under child pornography federal law. Depending on which section of the code you are charged with, you could face a minimum of 5, 10, or 15 years in federal prison. That’s right.

According to federal child pornography laws, child pornography is defined as an image or video of a minor (under 18 years old) being involved in sexually explicit conduct. The U.S. Constitution’s Commerce Clause gives Congress the authority to regulate interstate and international commerce. In other words, you will face federal charges if the illicit materials, the devices used to store illicit materials, or even the camera used to film or photograph child pornography crosses state or country lines—either online or by mail.

If you are accused of various child pornography charges, not only do you have a mandatory minimum prison sentence, but you also face the real possibility of being put in prison well beyond the minimum. Sentencing in these cases is far different than in the state system. In the state system, you face definite periods of time between probation or 2-8 years in prison per count. In the federal system, your sentence can be greatly increased based on the facts of your case.

For example, the following can lead to a longer sentence:

• If you are accused of using a computer;
• If the age of the victims in the pornography is very young;
• If there are multiple videos and photos; or
• If you show no remorse regarding the crime.

Conversely, there are certain extremely specific reasons that a judge might depart below the mandatory minimums. These are specific defenses that need to be discussed with your Cleveland child pornography defense attorney.

Types of Federal Child Pornography Charges

Common types of federal child pornography charges include:

• Production of children (18 USC § 2251)
• Selling and buying of children (18 USC § 2251A)
• Possessing, receiving, or distributing child pornography (18 USC § 2252)
• Certain activities in relation to material containing or constituting child pornography (18 USC § 2252A)
• Production of sexually explicit depictions of children to import into the U.S. (18 USC § 2260)

Penalties for Federal Child Pornography Offenses

Statistically, only convictions for sexual abuse, murder, and hostage-taking have longer sentences than child pornography convictions. Those convicted of sexual abuse, on average, receive a sentence of 125 months versus 121 months for child pornography.

In the federal system, a defendant is facing a 5-year mandatory minimum jail sentence. The situation does not improve under federal sentencing guidelines, either. The typical defendant in a child pornography distribution case will start at level 22, which is 41–51 months. However, that number rapidly goes up with upward variances that affect most people charged with child pornography distribution.

How Does the Potential Jail Time Go Up So Quickly?

If you or your loved one is charged, the government can increase the guideline sentence by:

• 2 levels for a prepubescent minor
• 2 levels for use of a peer-to-peer file-sharing program for distribution
• 4 levels if there was any sexual contact with the child
• 2 levels for the use of a computer
• Up to 5 levels for the number of images

Now, instead of looking at 41–51 months (or even the 60-month minimum under the statute), the defendant is at level 37, which means a possible sentence of 210–262 months of federal time. That means if you are the typical defendant, you are facing 20 years in jail, minimum.

Even if you did not know that you were sharing child pornography images, but using a peer-to-peer network such as LimeWire, you may have inadvertently allowed others to download those images. An attorney who will help you through what can be an embarrassing situation is essential.

You need someone prepared to fight for you. Our Cleveland child pornography defense lawyers can listen to your concerns and know how to face off with the government in these complex cases.