It is a federal crime to distribute obscene material to a minor, a matter of utmost seriousness. The federal government is increasingly vigilant in monitoring this type of activity, ensuring the protection of young people from the transfer of obscene material through electronic means and otherwise. Task forces have been established to monitor the internet and social media, all with the singular goal of safeguarding our youth.
As far as determining when the feds will become involved in an obscene material transfer, first, it has to affect interstate commerce or foreign commerce somehow for them to have jurisdiction over it.
Unfortunately, for those charged with federal crimes related to this offense, which affects interstate commerce, whether through a telephone, a computer, or another device, the process is straightforward, and the feds will become involved if they believe the situation is serious enough.
Their policy on when they become involved in obscene material transfer seems to hinge upon the extent of the obscene material, who is doing it, and how young the victim is.
If multiple images are being transferred and distributed, and there are numerous victims, this would probably be a scenario where the federal government would become involved. Certain mandatory minimums could apply depending on the age of the victims and the circumstances.
What is Considered Obscene Material As It Relates to 18 U.S.C. 1470?
Over the last twenty-five years, I've been involved with defending cases involving sex crimes and the transfer of obscene material. Many years ago, a famous quote by a Supreme Court Justice was trying to decide whether something was considered indecent material.
He said, “I know it when I see it.” That doesn't give us a perfect definition of what obscene material is. Still, it has to do with nudity and children being involved, and somebody trying to do something to either satisfy their sexual interests or the sexual interests of another.
Now, more and more, I'm even seeing Facebook being utilized to transfer obscene images. Somehow, the offenders believe that the federal government cannot determine this information. They don't realize that Facebook, as well as Instagram and many other social media platforms, monitors this type of activity.
What they do is there's a section for sexually exploited children that they can send that information to, which is sent to the FBI to investigate and prosecute.
And, of course, they have the funds and the backing of the federal government. They have expert forensic people and the latest cutting-edge technology to hunt down and prosecute those involved in the transfer of obscene material throughout the United States.
They will even go after individuals who transfer obscene material or commit other sexually related offenses involving children in other countries. So, it's not just limited to the United States.
The government is in the business of protecting children throughout the world, and they will not let anyone, whether they be an American citizen or not, go after minors in this type of manner without there being consequences to it.
Learn What You Can Do to Protect Your Rights.
I've seen prosecutions at the state and federal levels regarding a violation of 18 U.S.C. 1470 in transferring obscene material. Again, the feds typically will not get involved unless it's a dire situation, involving multiple images and various victims. Otherwise, they will let the state deal with this type of offense and prosecute those involved in the transfer of obscene material.
It is crucial to seek the guidance of a federal criminal defense attorney as soon as possible. Provide them with all the information related to your case so that they can determine the best course of action. Whether there are defenses that might apply to your case or it's a situation that needs to be resolved with the prosecutors, time is of the essence.
If negotiation is the best strategy in a situation, having an attorney who has negotiated with federal prosecutors and achieved successful results is crucial to your future.
When meeting with your attorney, it's essential to provide all the relevant information related to your case, without any embellishments or omissions. A clear and honest description of what happened is crucial. This will allow your attorney to discuss any potential defenses and devise the best strategy for your case.
Once I have all the information, I'll utilize my experience dealing with these types of offenses. We will develop a plan that considers all of the essential things you have to lose related to your job, family, and freedom. Call a federal sex crime defense lawyer at our law firm to review your case.
