Last Updated on: 2nd October 2023, 05:31 pm
The production, distribution, or possession of pornographic materials involving anyone under the age of 18 is a both a federal and state crime. The Internet is now the main place through which such materials are trafficked, and federal authorities have dedicated enormous resources to tracking down, arresting, charging, and convicting perpetrators. If you have been taken into custody by federal authorities for violating child pornography laws, you are in serious trouble.
Violating federal child pornography laws is serious and the penalties can be severe. A first-time offender who is convicted can receive a sentence of between 15 to 30 years in prison. Even if the material was found on your computer and you knew nothing about it, you can be charged, convicted, and sentenced for the crime.
Other federal child pornography crimes include the manufacturing and distribution of child pornography across state lines, which includes mailing the material or sending it through the Internet. Federal authorities will typically take the lead in such cases.
Explicit images of minors shared on social media can also be deemed child pornography. Selfies that are sexually suggestive or explicit can cross the line into pornography if the exchange occurs between an adult and a minor.
Mandatory Sex Registration
One of the worst consequences of being convicted of child pornography is the requirement to register as a sex offender. Your photo, address, and other information will appear in a database used to monitor and track offenders. The database is open to the public.
As a registered sex offender, it will be nearly impossible for you to get a job. You will certainly be barred from all jobs having to do with children. States have passed severe restrictions on convicted child sex offenders. You will not be able to live within the vicinity of children. Indeed, you will not be able to come near them. This includes your own children or relatives.
Being a registered child sex offender is like serving a prison sentence of another kind. Convicted offenders have a hard time rebuilding their lives because of all the restrictions. You will find it hard to start a new career, find a decent place to live, and establish a new relationship, especially if the person you meet has children. If you are convicted of this crime, it will be the end of your life as you know it.
Why You Need an Attorney
If you have been arrested for violating federal child pornography laws, your first call should be to a defense attorney who specializes in this field. You may feel the need to explain yourself to the agents who arrest you. The very fact that you have been taken in by federal authorities may intimidate you into answering the questions put to you. It is essential that you say nothing until you have spoken with an attorney. You must invoke your Fifth Amendment right not to self-incriminate. Once your attorney arrives, they will advise you on how to answer questions. If you are too shaken up to do so, your lawyer can speak on your behalf.
Building Your Defense
Assuming the authorities have enough evidence to prosecute a case against you, your lawyer will arrange your bail. They will then work with you to build your defense. The one defense you cannot use is freedom of speech. The courts have found that images of child pornography are not protected speech or expression.
You will need to develop another strategy to beat back the charges. Your lawyer will consider the facts of the case and look at the holes in them. They will also discern the weaknesses of the prosecution’s argument against you. Your attorney will put up the most robust defense possible on your behalf.