The federal government takes child pornography offenses very seriously, and these charges can lead to severe legal consequences. Due to the interstate nature of the internet, federal law often governs crimes involving child pornography, as the internet is seen as a channel of interstate commerce. If you are facing federal pornography charges in Washington, DC or federal pornography charges in Virginia, it is crucial to consult an experienced federal child pornography lawyer who can help you navigate this complex legal landscape.
Federal Offenses for Child Pornography
Under federal law, it is illegal to possess, distribute, or receive child pornography through any form of interstate or foreign commerce, including the internet. The law does not require the material to cross state lines for federal jurisdiction to apply. If you are accused of distributing or sharing illegal images, the penalties can be severe. For a first-time offense of distribution, a conviction can result in:
- A mandatory minimum sentence of five years and a maximum of 20 years in prison.
- A second or subsequent offense can lead to a mandatory minimum of 15 years and up to 40 years in prison.
For possession or knowingly accessing images of child pornography with the intent to view them, penalties include:
- Up to 10 years in prison for a first offense.
- For second or subsequent offenses, the sentence increases to a minimum of 10 years and a maximum of 20 years in prison.
Additionally, if the child depicted in the material is under 12 years old, the maximum penalty for possession can be as high as 20 years. These sentences may also be accompanied by substantial fines and other penalties.
Asset Forfeiture in Child Pornography Cases
Federal law allows the government to confiscate property involved in child pornography offenses. Under 18 U.S. Code Section 2253, any property containing illegal visual depictions, such as a computer or storage device, may be subject to forfeiture. Moreover, any property purchased with proceeds from the sale of such material, including homes or vehicles, can also be seized. This aspect of the law highlights the seriousness of these charges, making it even more critical to seek legal representation from a knowledgeable DC federal child pornography lawyer to protect your rights.
Potential Defenses to Child Pornography Charges
Defending against child pornography charges requires a detailed understanding of federal law and the specific facts of the case. There are a few affirmative defenses outlined in 18 U.S. Code Section 2252, which can potentially lead to the dismissal of charges. These defenses include:
- Taking immediate steps to destroy the illegal material upon discovering its presence.
- Promptly reporting the material to law enforcement.
- Possession of fewer than three images.
Another key defense in these cases is proving that the defendant did not knowingly possess the material. Federal law requires the prosecution to demonstrate that the defendant was aware of the illegal nature of the content. A federal child pornography lawyer can explore this defense if the circumstances suggest the images were obtained by mistake or without the defendant’s knowledge.
Federal Child Pornography Lawyers in DC and Virginia
Facing federal child pornography charges is overwhelming, but it is important to understand that legal options are available. A qualified federal pornography defense attorney can review the evidence, help you explore potential defenses, and work to reduce the impact on your life. If you or a loved one is under investigation or facing pornography charges, do not hesitate to contact a federal child pornography defense lawyer serving Washington, DC and Virginia for guidance.