FEDERAL CRIMES
Federal child pornography charges are very serious and can result in a substantial sentence – which is why you need a child pornography lawyer if you’re facing charges. In fact, it often carries much more time in prison than the state counterpart. For example, in state court, possession of child pornography is a Class 2 felony, which a sentence of three to seven years in prison. But first offenders without aggravating factors often receive probation instead.
Federal defendants are usually not as lucky. Between 1987 and 2009, the United States Sentencing Guidelines were revised nine times, resulting in longer sentences each time. From 2008 to 2013, federal judges across the country sentenced 113 defendants convicted of production of child pornography offenses to imprisonment of 720 months (60 years) or more. Of those defendants, at least 69 of them were sentenced to 1200 months (100 years) or more.
Not only has the average sentence gone up, but so have the number of prosecutions. This should not be surprising given how technology has made it easier to download or disseminate child pornography.
Should you face charges, it’s important to have a federal child pornography defense lawyer.
Contact our Chicago area offices today if you are in need of child pornography defense.
Child Pornography Statutes & Penalties
Our federal child pornography defense attorneys can help you assist you with the three primary statutes that deal with sexually explicit depictions of children:
18 U.S.C. §2252 – Child pornography;
18 U.S.C. §2252A – Sexual exploitation of minors; and
18 U.S.C. §1466A – Obscene visual representations of the sexual abuse of children.
Even the smallest base level offense of simple possession puts a defendant in a position of facing 27-33 months in federal prison. But the guidelines also call for applicable enhancements and downward departures. For example, the base level offense can increase based on the number of images, nature of the images, use of a computer, and many other factors.
The following chart that summarizes the mandatory minimums and statutory maximums of the above-mentioned statutes.
| Offense | Min | Max | Base Level Offense | Applicable Statute |
| Possession of child pornography (first offense) | No minimum | 10 years | 18
(27-33 months) |
18 U.S.C. §2252(b)(2)
18 U.S.C. §2252A(b)(2) |
| Possession of child pornography (second or subsequent sex -based offense and pornography depicts child under 12 years old) | 10 years | 20 years | 18
(27-33 months) |
18 U.S.C. §2252(b)(2)
18 U.S.C. §2252A(b)(2) |
| Mailing, transporting, or receiving, or possession with intent to sell child pornography | 5 years | 20 years | 22
(41-51 months) |
18 U.S.C. §2252(b)(1)
18 U.S.C. §2252A(b)(1) |
| Mailing, transporting, or receiving, or possession with intent to sell child pornography (second or subsequent sex- based offense) | 15 years | 40 years | 22
(41-51 months) |
18 U.S.C. §2252(b)(1)
18 U.S.C. §2252A(b)(1) |
| Possession of visual representations of sexual abuse of children (first offense) | No minimum | 10 years | 18
(27-33 months) |
18 U.S.C. §2252(b)(2)
18 U.S.C. §2252A(b)(2) (Per 18 U.S.C. §1446A(a)) |
| Possession of visual representations of sexual abuse of children (second or subsequent sex-based offense and pornography depicts child under 12 years old) | 10 years | 20 years | 18
(27-33 months) |
18 U.S.C. §2252(b)(2)
18 U.S.C. §2252A(b)(2) (Per 18 U.S.C. §1446A(a)) |
| Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children | 5 years | 20 years | 22
(41-51 months) |
18 U.S.C. §2252(b)(1)
18 U.S.C. §2252A(b)(1) (Per 18 U.S.C. §1446A(b)) |
| Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (second or subsequent sex-based offense) | 15 years | 40 years | 22
(41-51 months) |
18 U.S.C. §2252(b)(1)
18 U.S.C. §2252A(b)(1) (Per 18 U.S.C. §1446A(b)) |
Contact a Federal Child Pornography Defense Attorney Today
The federal child pornography attorneys at Sami Azhari LLC handle cases all over the country. Our firm is familiar with the local rules for each jurisdiction, as well as the Federal Rules of Criminal Procedure. Contact our Chicago area offices today if you are in need of child pornography defense.
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