Consequences of a Conviction for Child Pornography Possession

Child pornography possession involves possession of any images or recordings of children depicted in a sexual manner. A conviction for possession of such materials may result in imprisonment, fines and other punishments. Some convicts are given mandatory treatment and/or counseling. Also, registration as a sexual offender is often part of any child sexual offense punishment scheme.

Factors Impacting Sentencing

The following are a list of factors the court may consider when determining the sentence for a child pornography possession conviction:

•    How much materials are found in possession of the defendant;
•    Age of the children;
•    Mitigating circumstances;
•    Aggravating circumstances;
•    Prior criminal offenses; and
•    Offenses charged in conjunction with the pornography possession charges.

Federal law prohibits use, production, and distribution of child pornography in any under the interstate commerce clause of the United States Constitution. Almost all instances in which the Internet is used for distribution of child pornography fall within the definition of interstate commerce.

Child pornography is a felony offense, punishable by five to twenty years of incarceration and monetary fines.  Prison terms can be longer if the defendant has prior sex crime convictions or other charges accompanying the child pornography charge. Also, multiple counts for this offense can be charged at the same time based on the circumstances of the case and the law in your jurisdiction.

Punishment

An individual convicted for possession of child pornography can face the following punishments during the sentencing portion of a trial:

•    Prison term;
•    Monetary fines;
•    Mandated treatment and counseling; and
•    Mandatory registration on sex offender registry.

The requirement that such convicts register as sex offenders is particularly onerous because it impacts their future ability to be a citizen, obtain and retain employment, especially any job involving children, and it carries a social stigma that impacts a person’s ability to walk around with dignity. The general public has access to the names, residences and, in some cases, photographs of individuals registered as sex offenders.

Getting Legal Help

An experienced criminal defense attorney can assist you if you are facing child pornography possession charges. An attorney will help you understand how the law works and will advocate for you in court. Because sex offenses often result in sex offender registration, it is a good idea to seek assistance of legal counsel as soon as possible.