WHAT YOU ARE FACING IF YOU ARE CHARGED FEDERALLY WITH PRODUCTION OF CHILD PORNOGRAPHY CASE?
I have been handling child pornography related offenses since the government decide to expand its’ prosecutions to the Internet and the various sex related offenses they now prosecute. There is a hierarchy of crimes when it comes to the Internet and production of child pornography involving in any way shape of form is considered some of the most serious offenses that the federal government prosecutes. Production of Child Pornography is one of the crimes towards the top of the most serious offenses in federal sex crimes. The more involved the government believes you are in producing and expanding child pornography, the more likely they are to try and send you to federal prison for a long period of time. The reason for this harsh treatment relates to the government’s view that production of child pornography reaches more people on the Internet and is one of the driving forces behind the exploitation of children in America and across the world.
Production of Child Pornography carries with it a mandatory minimum prison sentence of fifteen years for each count you are convicted of in the federal setting. Another important thing that I have noticed in defending federal sex crimes, is that the statutes related to these crimes can and will be construed very broadly when it comes to the prosecutors trying to charge the most serious charges they can find. In other words, I have seen production related charges filed in cases where it simply is a huge stretch of the statute, in order to either put pressure on a defendant to take a deal or to put the defendant away for a long time because of the perceived danger the prosecutor believes they pose to the public at large. Most defendants do not want to risk a sentence of 15 years, even if they have a potentially defensible case.
In my opinion, you want to hire a seasoned federal criminal defense attorney as soon as possible if you are charged with a federal sex offense, because in addition to facing many years in federal prison, you are also facing a potential lifetime of registration as a sex offender and lifetime supervision by the Federal Probation Department in these type of offenses. When the potential consequences are so high and harsh, it is incumbent upon you to get to a good attorney quick so you can assert every defense and make sure that you end up with the best result possible. It is not uncommon in my experience that the federal authorities do not have all of the facts surrounding an arrest and they jump to conclusion instead of actually taking the time to look at all of the details and circumstances surrounding a case. This is where you criminal defense attorney comes in to show them your side and version of the story.
18 UNITED STATES CODE SECTION 2252 – DEALS WITH THE PRODUCTION OF CHILD PORNOGRAPHY
In order to be found guilty of producing child pornography, a person must knowingly transport or ship by way of interstate commerce (this can be the mail or on the Internet, for example) by producing a visual depiction that involves a minor engaged in sexual conduct. The worst and most sophisticated form of production of child pornography involves an individual actually being involved with making child pornography and sending it out for others to see. In the federal system this will trigger a mandatory minimum sentence that the person must serve if convicted. Obviously this type of crime will be met with the harshest of consequences if the government can prove that the allegations are true against a defendant.
Another scenario where I have seen this coming up involves those individuals who ask a minor through the use of a computer to take a nude photo of their private parts and / or ask them to take a video and send it to them. This falls under the umbrella of production of child pornography and can have the same devastating consequences as if the person had actually been there when the minor was involved with the production or making of the child pornography. This area of sex crimes is one that prosecutors and judges take very seriously and if you have a federal case pending that charges these type of allegations, you should act quickly and find the best attorney you can, who is familiar with the defense of these type of cases.
Being charged with production of child pornography or any other sex crime can cause a permanent mark on your record and make it so that you can not get a job or pursue any career in the future. Because the consequences can be so grave, it is imperative that you get a list of questions together and come and sit down and get all of your questions answered. It is also important that when you leave my office, you have a game plan in place moving forward that assure that you do not do or say anything that can cause you to be in more trouble.
To produce, distribute, or possess child pornography is illegal in California and across the United States and punishable by imprisonment, fines, and mandatory sex offender registration.
Production of child pornography also leads to charges of possession of child pornography, distribution of child pornography, internet pornography, child prostitution, and/or child trafficking. These can be some very serious charges with life altering consequences.
The law in this area can be tricky and it is not a do it yourself project. I consult with clients everyday and help them understand what they are facing and what they can do to defend themselves. With a game plan in place and an idea of where you are heading, it makes the criminal process much more manageable and can give you a peace of mind, where it is not easy to find.