Certain Activities Relating to Material Constituting or Containing Child Pornography I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

Certain Activities Relating to Material Constituting or Containing Child Pornography

18 U.S. Code § 2252A

In addition to State laws banning the production, possession, or distribution of child pornography, the United States Legislature has also made it a federal offense. Due to the advancements of the internet and other technology, the government recognizes the need for strict laws relating to the transfer or distribution of child pornography, and allows for subsequent prosecution outside State proceedings. Under this section of the United States Code, the government defines the different scenarios and crimes under which a Defendant can be charged with possession of child pornography. These different scenarios can carry different ranges of punishment as well as different defenses. If you have been charged or you believe you are being investigated for possession of Child Pornography, contact our office immediately

Law

It is a violation of this section if:

1. Any person knowingly mails, transports, or ships, including by electronic computer, any child pornography.
2. Any person knowingly receives or distributes any child pornography, using any means of commerce, including by computer.
3. Any person knowingly receives or distributes any material that contains child pornography, using any means of commerce, including by computer.
4. Any person knowingly reproduces any child pornography for distribution through the mail or by using a computer.
5. Any person knowingly advertises, promotes, presents, distributes, or solicits for sale, any form of child pornography. This can be done by mail or by computer.
6. Any person, in any jurisdiction of the United States, including territories, sells or possess with the intent to sell, child pornography.
7. Any person knowingly sells or possess with the intent to sell, child pornography by using foreign commerce or a computer.
8. Any person knowingly distributes, offers, sends, or provides to a minor, any form of child pornography. Whether the material be physical or electronic.

Affirmative Defenses

It shall be an affirmative defense if it can be shown that:

• The alleged child pornography was produced using an actual person engaging in sexual conduct, and that person or persons was an adult at the time the material was produced; OR
• The alleged child pornography was not produced using any minors.

The code also allows for a specific defense to be used if the material is possessed by mistake. If the Defendant accesses or is given access to materials containing child pornography, and they possess less than three images, they can claim this affirmative defense if they immediately destroyed the material or immediately reported it to law enforcement.

Range of Punishment

This specific section of the United States code clarifies the specific ranges of punishment for each type of possession offense involving child pornography. Generally speaking, if you are in possession of the material, or intend to distribute the material, the range of punishment is 5-20 years in Federal Prison. This range of punishment can be enhanced if you have a previous conviction for a sexually related offense, whether that offense is State or Federal. If this is the case, the range of punishment becomes 15-40 years in Federal Prison. The punishment range can also be enhanced if the images or videos contain a child under the age of 12 years old.

Unlike State Sentencing, the Federal Sentencing Guidelines carry a wider range of punishment that is determined based on the specific factors of the alleged offense. The Federal Sentencing Guidelines have a table that allows for the calculation of a specific sentence based on a Defendant’s “Offense Level”. Once the final offense level and criminal history level is determined, a judge will have a specific month-based range of punishment available for sentencing.

The United States Code specifies that anyone found guilty of Sexual Abuse of a Minor or Sexual Abuse of a Ward can be fined and/or sentenced up to 180 months (15 years) in prison.

When determining the “offense level” and range of punishment, the US Probation department will look at a variety of factors. These include:

• The Age of the Victim;
• The Severity of the Offense;
• How Many Images were Possessed
• How Many Videos were Possessed
• Was the Content Being Redistributed
• Whether an Injury Resulted;
• Severity of any Injury;
• And many others….

Another differentiation from State Court is that the Federal system does not allow for early release or “parole”. This means that the Defendant, once convicted and sentenced, will be required to serve the entirety of their sentence. The only exceptions for this include a drug rehabilitation departure

Sex Offender Registration

Sex offender registration can involve many conditions. They are dictated primarily by the court or presiding judge in which the suspect was convicted, or parole board at the time of the prisoner’s release. These conditions vary based on the individual offender. Many (but not all) of these restrictions govern:

• Where the registrant can live and work;
• Places they may and may not frequent (like types of restaurants, parks, and other entertainment venues);
• Counties and states they can visit (other than the one in which they are registered, and how long they can remain out of their registered county);
• And whom they may contact or associate with;

If convicted of a felony sex crime, restrictions are also placed on several of your civil rights and activities such as:

• Right to Vote
• Right to Hold Public Office
• Right to Bear Arms
  • This restriction lasts for five years after release from prison. And it can last longer if you do not go through the process of having your gun rights restored. But even then you can only possess firearms in your residence, and may not carry a gun beyond your residential property.
• Ability to Serve on a Jury
  • Convicted felons lose the right to serve on any jury for the rest of their lives.

There are additional restrictions placed on many occupations and professional licenses anyone convicted of a child-related sex offense may hold. This seriously limits their ability to earn a good living, and where they are allowed to live or frequent once they are released from prison.

Are you Facing Charges?

If you’re the subject of an investigation or are facing criminal charges, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and we’ll review your case thoroughly.

Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges involving children.

Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.

Resources

• Texas Penal Code Chapter 21: Sexual Offenses
• United States Code – Sex Crimes
• Houston Chronicle: Texas Sex Abuse Exonerations
• HPD: Sex Crimes Division
• Reason: False Sex Crime Accusations Destroys Family, Legally
• Harris County DA: Victim Resources
• Office for Victims of Crimes