Federal Child Pornography
Child pornography is a very serious crime that is prosecuted aggressively. As with many crimes, child pornography can either be prosecuted by the State of Florida via the Office of the State Attorney or when the crime involves any type of interstate commerce, i.e. the distribution of child pornography via the internet, the Federal Government will prosecute the crime through the U.S. Attorney’s office. In most cases, child pornography is prosecuted by the Federal Government since in today’s modern age, most child pornography is accessed and transmitted over the internet. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons under 18 years of age). Images of child pornography are also referred to as child sexual abuse images. Federal law prohibits the production, distribution, importation, reception, or possession of any image of child pornography. There are several federal statutes used to prosecute the crimes involving child pornography, they include:
- 18 U.S.C. § 2251 – Sexual exploitation of children (production of child pornography)
- 18 U.S.C. § 2252 – Certain activities relating to material involving the sexual exploitation of minors (possession, distribution and receipt of child pornography)
- 18 U.S.C. § 2252A – Certain activities relating to material constituting or containing child pornography
- 18 U.S.C. § 2260 – Production of sexually explicit depictions of a minor for importation into the United States
As you can imagine, the penalties for a child pornography offense are unforgiving. Possession of Child Pornography is punishable by up to 10 years in federal prison for a person with no prior sexual convictions and from 10-20 years for a person with a prior sexual offense. Production of Child Pornography is punishable by a sentence of between 15-30 years in federal prison for a person with no prior sexual convictions and a sentence of between 25-50 years for a person with a prior sexual conviction. For more information on Federal Child Pornography crimes call Fort Lauderdale Federal Criminal Defense Attorney David J. Sobel directly at 954-383-3000.