Child Pornography Charges and Penalties

Both state and federal laws prohibit the distribution and production of child pornography. The penalties for engaging in child pornography are severe and typically involve lengthy prison sentences and hefty fines.

In this article, we’ll explain how the states define child pornography. We’ll also examine how state and federal child pornography laws punish people who are found guilty of this crime, including the mandatory minimum penalties for this sex offense.

Some organizations and government agencies refer to child pornography as “child sexual abuse material” or CSAM. As state statutes continue to use the term “child pornography,” we’ll use the terms interchangeably.

If you’re facing child pornography charges, seek help from an experienced criminal defense lawyer. Conviction of a child pornography offense will almost certainly impact your personal and professional lives.

How Do Most States Define Child Pornography?

Most states define the crime of child pornography as a visual depiction of a minor engaged in sexually explicit conduct. In general, a minor is defined as an individual under the age of 18.

Any visual depiction can qualify as an image of child pornography. For example, an explicit postcard with a picture of someone under 18 years of age may qualify. So would a video depicting two prepubescent boys engaging in a sexual act.

Is Child Pornography a Misdemeanor or Felony?

In most instances, child pornography is charged as a felony. The degree of the felony depends on the specific state laws and the facts of the case. A person may also face additional felony charges, such as sexual exploitation of a minor. It depends on what the prosecutor can prove and the strength of the evidence.

Some jurisdictions treat certain child pornography charges as “wobbler” offenses, meaning they can be charged as a misdemeanor or a felony depending on the details of the case. Each state handles sex crimes and obscenity charges a little differently from others.

State Penalties for a Child Pornography Conviction

Given the severe penalties associated with child pornography charges, it’s a good idea to hire a criminal defense attorney to help mount a strong defense. Depending on state law and your criminal history, a conviction could bring life imprisonment, fines, or lifetime sex offender registration.

Aside from a lengthy prison sentence, you may also be required to pay fines of up to $250,000. Criminal restitution is also a possibility if the state identifies a victim in your child pornography case.

Regardless of your level of involvement, the court will likely require you to register as a sex offender. In some states, a child pornography conviction calls for lifetime sex offender registration.

Defenses to Child Pornography Charges

As with any other criminal case, you have the right to present a defense to the state’s child pornography charges. When you meet with a prospective defense attorney, this should be one of the first things to discuss. Be aware that there aren’t many effective defenses available to a defendant in a child pornography case if the prosecution has significant proof.

Some of the potential defenses that can be raised include:

• False allegations: If someone reports you to law enforcement for having child pornography on your computer or other electronic device and it isn’t true, you can raise this as a defense in court
• The person in the visual depiction is not an actual minor: If your attorney can prove that the person in the allegedly pornographic material is 18 years or older, the state may have to dismiss the charges
• Mistaken ownership: If your criminal defense lawyer can prove that the CSAM does not belong to you, there’s a good chance you’ll escape conviction

This is not an exhaustive list. An experienced sex crimes attorney will explain the options you might be able to employ.

Federal Child Pornography Laws

Child pornography cases may proceed under federal law, state law, or both. Cases fall under federal jurisdiction when they involve activity that crosses state lines. For example, if a person is running a CSAM production or distribution ring in Texas, New Mexico, and California, they would be subject to federal prosecution.

Federal jurisdiction can also apply when:

• The internet is used (almost always involves interstate commerce)
• Materials were shipped through the mail
• Materials crossed international borders
• The crime occurred on federal property

Some of the key federal child pornography laws include the following sections of the U.S. Code:

• 18 U.S.C. § 2251 (Sexual exploitation of children)
• 18 U.S.C. § 2251A (Selling or buying of children)
• 18 U.S.C. § 2252 (Certain activities relating to material involving the sexual exploitation of minors)
• 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)

The U.S. Code for sexual exploitation of children addresses the production of child pornography by using, persuading, or coercing minors to engage in sexually explicit conduct. This is distinct from other federal offenses involving the distribution, receipt, or possession of existing child pornography materials.

Violating federal child pornography laws is a serious offense. The FBI and other federal law enforcement agencies investigate these crimes. Prosecutors from the U.S. Attorney’s Office present these cases in federal courts.

Penalties for Violating Federal Child Pornography Laws

The penalties in federal CSAM cases are severe. First-time offenders found guilty of the production of child pornography receive prison sentences of between 15 and 30 years. The penalties increase significantly for repeat offenders. A person with one prior conviction under federal child exploitation laws or similar state offenses faces between 25 and 50 years in prison, while someone with two or more prior convictions faces 35 years to life imprisonment.

Possession of child pornography is also a serious federal crime, with first-time offenders facing up to 10 years in federal prison under certain statutes. Repeat offenders are looking at between 10 and 20 years behind bars. Like most state judges, federal judges refer to the United States Sentencing Commission‘s sentencing guidelines when determining an appropriate sentence.

Mandatory Sex Offender Registration

People guilty of a child pornography crime will face mandatory sex offender registration. Sex offenders are required by law to keep their registry information current and accurate.

The public can access this information via the National Sex Offender Public Website. It includes the registry of all 50 states and the District of Columbia.

Talk to a Criminal Defense Attorney

If you’re facing child pornography charges, consider speaking with a criminal defense lawyer as soon as possible. These are very serious charges, and a conviction may result in a life sentence. Even if you escape a lengthy prison sentence, you’ll still have to register as a sex offender.

A local attorney can evaluate the state’s case and fight to obtain an acquittal or negotiate a favorable plea bargain. Getting a legal expert on your side can make a huge difference in your case’s outcome.