Federal Internet Pornography

Most internet pornography prosecutions involve the possession or distribution of child pornography. Federal law defines child pornography as any image which involves anyone under the age of 18 involved in sexual conduct. This law also includes any person who is indistinguishable from a minor. Possession of child pornography can result in a prison sentence of 10 years. A prior conviction can increase the maximum sentence to 20 years.

In addition to possession, it is illegal to knowingly send, receive, transmit, or distribute child pornography. A conviction will result in a 5- to 20-year prison sentence. A prior conviction mandates a 15- to 40-year prison sentence. It is also illegal to send obscene matter to a minor under 16 if the defendant knows that the minor is not 16. A conviction can result in a prison sentence of up to 10 years.

It is generally a federal crime for a person to employ, use, entice, or coerce any minor to engage in any type of sexual conduct for the purpose of producing an image. A conviction under this provision will result in a 15- to 30-year prison sentence. A prior conviction will increase that to a 25- to 50-year sentence.

When defending allegations of internet child pornography, a criminal defense attorney has many options. First, the government must prove every element of the crime as charged. There can be no conviction if the government cannot prove every element beyond a reasonable doubt. A good attorney will also investigate the arrest and any police investigations that were conducted for possible defenses related to improper procedures. A primary line of defense is to determine whether any searches or seizures conducted by police were illegal. If evidence was discovered on a computer in a person’s home, an attorney will have to verify that the seizure of the computer or drives was made under a valid search warrant or voluntary consent. If the police have violated a person’s rights during the investigation, a judge may suppress all the evidence seized.

In some situations, the defense of entrapment may be appropriate. The idea behind an entrapment defense is that the government is generally not permitted to persuade a person to commit a crime he would not otherwise have committed. It is not uncommon for law enforcement to use sting operations to entice people into breaking the law and then prosecute them. However, there can be no conviction if the person was not predisposed to engage in criminal conduct but was induced by the government to commit a crime.

Many other potential defenses are available to those accused of possessing or distributing internet child pornography. To properly assert your rights and defenses, you need an experienced lawyer who has successfully defended federal child pornography cases. If you are facing internet child pornography charges, our firm may be able to help.

The information provided above is a very general summary of internet child pornography law at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult a lawyer experienced in federal criminal defense and licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all federal and state courts in Georgia and may practice in other federal courts by special permission.