Production of Sexually Explicit Depictions of a Minor for Import to the United States
18 U.S. Code § 2260
The Federal Government has enacted specific provisions in the United States Code to charge and punish foreign entities who create or distribute child pornography with the intent to import the material to the United States. In many countries around the world, the laws regarding the production or distribution of sexually explicit materials involving children may not be as strict as the United States. These provisions however still make it a crime to create or produce these materials if the individual intends for it to be imported into the US. With the technological advancements of the internet, it has become much easier for digital material to be transmitted around the world instantaneously, which is why the Government has enacted such strict penalties.
Law
It is a violation of this section for a person outside of the United States to employ, use, persuade, induce, entice, or coerce a minor to engage in the creation of child pornography with the intent to import the material to the United States.
It is a violation of this section for a person outside of the United States to knowingly receive, transport, ship, distribute, or sell child pornography intending for it to be imported to the United States
Range of Punishment
This specific section of the United States code clarifies the specific ranges of punishment for individuals charged with the creation or distribution of child pornography outside the United States. The key is that these individual’s intent for the material to be imported and distributed in the United States. If the Defendant is charged with the coercion of a minor to create the material, the range of punishment is 15-30 years in a Federal Prison. This punishment can be enhanced or extended if the Defendant has previously been convicted of a sexually related offense, or if the child is under the age of 12. If the Defendant is charged with merely distribute the pornography for import into the United States, the range of punishment is 5-20 years in Federal Prison, also allowing for enhancement or extension based on the criminal history of the Defendant as well as the age of the child portrayed in the materials.
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