18 U.S. Code § 2251
The United States legislature created specific provisions when it comes to prosecution the creators and distributors of child pornography. While mere possession of sexually explicit material involving children is a violation of US law, if you are caught creating the material, you are subject to much stricter penalties. These laws also allow for the prosecution of individuals who are outside the United States but are creating the material knowing that it will be distributed or transmitted to the United States.
Law
- Any person who employs, uses, persuades, entices, seduces, or coerces any minor to engage in any sexually explicit conduct for the purpose of transmitting a depiction of such conduct, and knows that this material will be transported physically or digitally, can be punished under this section.
- Any parent or legal guardian who has custody and control over a minor, and allows that minor to engage in sexually explicit conduct for the purpose of transmitting a depiction of such conduct, and knows that this material will be transported physically or digitally, shall be punished under this section.
- Any person who creates sexually explicit material involving a minor outside the United States, but intends or expects the material to be transported physically or digitally to the United States, can be punished under this section.
- Any person who knowingly makes or publishes a notice or advertisement seeking to receive, buy, or reproduce a visual depiction of a minor engaging in sexually explicit conduct, shall be punished under this section.
Range of Punishment
Any individual who is found in violation of any of the above stated laws, is subject to a minimum penalty range of 15-30 years in prison, and a significant fine. If it is determined that the Defendant in a prosecution under this section has previously been convicted of a sexual offense, the range of punishment can be enhanced to 25-50 years, or 35 years – life in prison, depending on the number of convictions. If the death of the child was a result of the production of the sexually-explicit material, then the death penalty is available as a form of punishment.
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;
- Whether a Weapon was Used;
- Whether Drugs were Used;
- 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