Defining Federal Child Pornography Charges and How Courts Misinterpret Situations Related to Them
Individuals with federal child pornography charges have a tough road ahead of them, as these cases are some of the absolute hardest to defend. Individuals who are indicted with this charge are often publicly humiliated as well, even if they were falsely accused or set up. Federal child pornography offenses apply to anyone who possessed, received, viewed or distributed sexually-graphic visual depictions of a minor, meaning even accidentally viewing it could mean serious consequences. Charges can even apply in situations where a minor is depicted through CG imagery, an image of an adult actress is manipulated to look like a minor and/or with sexually-explicit drawings of minors.
The digital age has, unfortunately, made this charge significantly more common. It’s easier than ever to share images online, which is doubly true for child pornography. Individuals could find themselves accidentally viewing or receiving it without any intention to do so. Federal courts don’t differentiate accidents and intentional viewings of images depicting child pornography though, meaning people can be hit with the full brunt of the law for a simple accident or misunderstanding; This is why retaining an experienced criminal-defense attorney to defend someone against child pornography charges is essential
There’s also the fact that some people are simply stuck in a dark part of their life and develop dangerous habits on the internet. This doesn’t mean it’s legal to pursue these habits, but it’s important for courts to understand situations where a mentally-ill individual may have the charges, but also pose almost no threat to children. These people can be highly-professional and/or successful individuals who made a mistake and a court won’t always understand that either; To take it further, courts don’t realize that simply indicting someone with these charges could ruin the rest of someone’s professional and personal life with prospective employers and family and friends. Having a knowledgeable attorney on the defense, however, can help explain how an individual is a productive or professional individual irregardless of the charges brought against them.
What Penalties One Could Face If They’re Convicted of Federal Child Pornography Charges
There are US sentencing guidelines that federal courts will strictly follow for child pornography charges; They specifically apply to cases involving possessing, receiving and/or distributing child pornography. The sentencing follows a very specific system that will affect how long a prison sentence is, but all prison sentences will start a mandatory minimum of five years, with a maximum of 20; Sentencing becomes much more strict if the individual was involved in the production of the work, as the mandatory minimum jumps to 15 years with a 30 year maximum. To make matters worse, offenders will also be fined and could be tried before both state and federal courts, which can double the charges and increase a prison sentence. Courts will enforce harsher penalties if the images depicting child pornography feature sexual abuse, sadistic or masochistic acts and/or the individual accused has prior convictions; These factors can cause an individual to face a lifetime of imprisonment. Every person convicted of this offense will also have a dent on their criminal record that prevents them from pursuing worthwhile careers; They will also have to register as a sex offender, which makes living in any area incredibly difficult.
How a Criminal Defense Attorney Can Fight Unfair or Unjust Child Pornography Charges
Federal cases involving child pornography can be very difficult; This is because one will only be indicted if the court has highly specific forensic evidence linking a computer to the person accused and/or links the individual’s computer to a server that has distributed child pornography. That’s why people need an experienced attorney in situations like this, as evidence can be planted against them. An attorney can also work on dismissing and disputing the case so that charges can be dropped or a hefty sentence can be lessened. Attorneys will also be able to help individuals realize what is and isn’t a defense for the case and will develop a strategic plan to work on defending them. Lastly, a knowledgeable attorney will be able to determine if law enforcement overstepped their boundaries and violated an individual’s rights and/or planted evidence on an individual.
If an individual is facing a child pornography charge, a determined prosecutor will already be building a case against them and they’ll have to experience public humiliation. This is why an attorney is absolutely necessary, as they can starting building a case for an individual instead of against them. They’ll work hard to disprove evidence and stand with their client every step of the way. Specifically, our firm can greatly help falsely-accused individuals and reformed offenders determine the best course of action with a quick consultation.