Have federal law enforcement officials arrested you on child pornography charges in Michigan? A knowledgeable sex crimes defense attorney can help you understand the potential penalties you may face and help you seek to avoid them.
Federal Child Pornography Laws
Under federal law, a person commits a crime if they:
- Knowingly mail, transport, ship, distribute, or receive child pornography through interstate or foreign commerce (including by computer)
- Knowingly reproduce child pornography for distribution through the mail or interstate/foreign commerce
- Knowingly advertise, promote, or solicit child pornography through the mail or interstate/foreign commerce
- Knowingly sell or possess child pornography on federal land, in Native American territory, in federal maritime jurisdiction, or in a federal building
Federal law defines child pornography to include any visual depiction that appears to depict a minor engaging in sexually explicit conduct or contains an adapted or modified depiction of an identifiable minor.
Penalties for Federal Child Pornography Offenses
Sentences for a federal child pornography conviction will depend on the circumstances of the offense. In most cases, a conviction carries a penalty of five to 20 years in prison. However, a defendant who has a previous child pornography conviction or a prior conviction for child sex abuse or sexual trafficking of a child might face a prison sentence of 15 to 40 years.
Selling or possessing child pornography on federal land, in Native American territory, in federal maritime jurisdiction, or in a federal building can impose a penalty of up to ten years in prison or up to 20 years if the offense involved materials depicting a child under 12; a previous child pornography conviction or a prior conviction for child sex abuse or sexual trafficking of a child increases the sentence to ten to 20 years.
Finally, producing child pornography containing an adapted or modified depiction of an identifiable minor carries a sentence of up to 15 years.
Factors That Influence Sentencing
Federal law gives courts a list of factors to consider when determining a defendant’s sentence following conviction. These factors include:
- The nature and circumstances of the offense, such as the nature and quantity of materials involved
- The defendant’s history and characteristics
- The need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, deter similar criminal conduct, protect the public, and provide correctional treatment to the defendant
- The types of sentence available, including the sentencing range authorized by statute and the recommended Sentencing Guidelines range
- Any pertinent policy statements of the U.S. Sentencing Commission
- The need to avoid sentencing disparities among defendants with similar records convicted of similar conduct
- The need to provide restitution to victims
Contact a Sex Crimes Defense Lawyer Today
If federal prosecutors have charged you with child pornography offenses, get the legal advice and advocacy you need to protect your rights, reputation, and future. Contact The Law Office of Jodi L. Hemingway, PLLC today for a confidential consultation with a knowledgeable defense attorney to discuss your options for pursuing a favorable resolution to your case.
