Federal Child Pornography
Federal child-pornography offenses under 18 U.S.C. sections 2251 through 2260 carry severe mandatory minimums. Production carries a fifteen-year minimum. Distribution or receipt carries a five-year minimum. Possession carries up to ten years for a first offense, twenty for a second. A prior sex-offense conviction doubles the ranges for production, distribution, and receipt.
Every count is a separate mandatory minimum. A defendant convicted of five counts of distribution faces a minimum of twenty-five years.
Investigation
Federal child-pornography cases begin with a report from the National Center for Missing and Exploited Children (NCMEC) or detection by law enforcement monitoring peer-to-peer file-sharing networks. The FBI, HSI, or the Postal Inspection Service obtains a search warrant for the suspect’s home and devices. Digital forensic examination follows: hard drives, phones, cloud storage, messaging apps, browser history, download logs.
Defense issues
Knowledge and intent are the primary defense issues. The government must prove the defendant knowingly possessed, received, or distributed the material. If a shared computer or device was involved, the question is who downloaded or accessed the files. Forensic timestamps, user account data, and login records can establish or undermine the government’s attribution.
The age of the person depicted is an element. In cases involving images that are ambiguous as to age, expert testimony on age estimation may be relevant.
See also state child-pornography charges.
Sentencing
Federal child-pornography sentencing guidelines are among the harshest in the federal system. Enhancements apply for the number of images, the age of the victims depicted, sadistic or masochistic content, use of a computer, and distribution. Lifetime supervised release is mandatory, with sex-offender registration in every jurisdiction where the defendant lives, works, or attends school.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].