Activities Related to Material Involving Sexual Exploitation of Minors 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.

18 U.S. Code § 2252

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. The Federal law banning possession of child pornography allows for the base level punishment of up to 10 years in a federal prison, with the ability for this range to be enhanced should the defendant be creating, distributing, or transporting the materials.

Law

1. Any person who knowingly transports, physically or electronically, a visual depiction of a minor engaging in sexual conduct, shall be punished under this section.
2. Any person who knowingly receives or distributes any visual depiction of a minor engaging in sexual conduct, shall be punished by this section.
3. Any person who knowingly sells or possesses, physically or digitally, any visual depiction of a minor engaging in sexual conduct, shall be punished by this section.
4. Any person who knowingly transfers, possess, accesses, or intends to view 1 or more books, magazines, periodicals, films, or video tapes depicting a minor engaged in sexual conduct, shall be punished by this section.

Range of Punishment

If you are charged with the Federal Offense of Possession of Child Pornography, the range of punishment differs depending on several different factors. For those charged with distribution or production of the material, physical or electronic, the code states that the range of punishment shall be a fine and/or imprisonment for a minimum of 5 years, but no more than 20 years. If you have a prior State or Federal conviction for a sexually related offense, the range of punishment becomes a minimum of 15 years and a maximum of 40.

If you are charged with mere possession of the sexually explicit material, the range of punishment becomes no more than 10 years in a Federal Prison. This range of punishment is extended to 20 years if the material involves children under the age of 12.

If you have a prior State or Federal conviction for a sexually related offense, the range of punishment for possession of child pornography is 10-20 years in a Federal Prison.

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.

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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