Federal prosecution of child pornography cases are a priority for Federal law enforcement and prosecutors. Obscene videos or photographs of minors downloaded onto a home computer frequently are obtained by the police, and introduced as evidence. Since much of child pornography on the Internet is stored on File Share web sites, Federal prosecutors have construed the sharing as a form of distribution. Law enforcement has the technical capacity, with compliance from the browser company, to identify the IP addresses for those computers accessing the File Share site. Typically, a search warrant would be obtained for the physical location where the subscriber of that IP address resides or, at least, keeps his on computer. Once the computer is seized, police computer experts try to retrieve the downloaded files, even those that have been deleted. Why the Federal agents do not shut down the child pornography websites once they have been identified has never been explained.

Sometimes law enforcement is more proactive. Undercover officers will impersonate underage boys and girls on chat-rooms. They will attempt to arrange a meeting, where an arrest will be made. There have also been cases where undercover officers share child pornography on the Internet in order to entice a person to “receive it”. This specific police tactic has been condemned as a form of entrapment.

Title 18. United States Code, Section 1446A, 2252, 2252A, prohibit the production, distribution, receipt or possession with intent to distribute child pornography. It is no defense that the pornographic visual depiction is not that of a real child.

The penalties are severe. The penalty for simple possession of child pornography is a maximum of 10 years in Federal prison. A second offense carries a maximum term of imprisonment of 20 years, and a five-year minimum mandatory. When a person is in possession of visual images of children committing sexual acts, is distributing or producing child pornography, enticing a minor to engage or an adult engaging in explicit sexual conduct with a minor, the maximum penalty for those offenses can increase up to life imprisonment, with minimum mandatory terms of 5, 15, 25, 30, and 35 years depending upon the conduct charged and whether it is the Defendant’s first offense. Here is a chart of the minimum mandatory sentences for child pornography.

Every state, including Florida, has similar statutes. Federal law goes further to target the sexual exploitation of children, including activities that occur outside the United States. People who are convicted of these crimes must be registered as Sexual Predators.

Charles G. White has experience with child pornography cases. Mr. White takes a team approach, which, in these types of cases, can involve a forensic computer expert as well as mental health professionals to assist at sentencing, if it comes to that. Mr. White appreciates the seriousness of these cases, and the devastating effect they can have on the liberty and reputation of the person accused.

Obtain Legal Assistance

If you or someone you know is accused of a Federal crime, it is imperative that you work with an attorney who has experience in these cases. Charles G. White has represented hundreds of clients in Federal Courts throughout the United States. He has the experience and knowledge essential to obtain the best possible result. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.