Worst Possible Scenarios: Possession Of Child Pornography

Legal definitions of child pornography generally include sexual images involving both prepubescent and post-pubescent teenage minors. It is the prepubescent pornography, both possession and distribution, that seems to be the most prosecuted. The person being prosecuted has to “knowingly” possess the images.

The possession of child pornography and the distribution of that material are some of the most targeted crimes at both the federal and state level.  U. S. Law, Title 18, United States Code, Section 2252 and 2252A, and most state laws prohibit the possession and distribution of real images of children.  This does not include either computer generated images or material of adults portraying children.

Definitions

Historically, actual possession had to be shown for a crime to exist. Since the 1920’s, however, courts have been expanding criminal possession to include constructive possession. 

Constructive possession is a situation where a person has no hands-on custody of an object; where a person has knowledge of an object plus the ability to control it and doesn’t have to ever touch it.

Making possession a crime allowed for arrests and convictions without proving the use or sale of a prohibited item. 

Prosecution

The prosecution of child pornography charges is extremely difficult because the state must prove beyond a reasonable doubt that the image possessed is a real child from somewhere in the world – they must be able to find the “real” child. If this can be proven, then the penalties are significant, and in the view of some, extreme.

Penalties

The worst case scenario, a possessor could spend many years if not decades behind bars without any intention of distributing the pornography. There is no question that child pornography possessors should be punished for the harm and danger that the offense creates and the exploitation that the offense represents.

The distribution and receipt of child pornography is punishable by a mandatory minimum of five years imprisonment but can be punished up to twenty years. Simple possession of child pornography carries a maximum of ten years imprisonment. Over the years that minimum for possession increased from 1 to 4 years.

Conclusion

While most agree that possession of child pornography should be punished, many district judges feel that the penalties under the guidelines are too harsh and so are the enhancements for the use of a computer to view the material. According to one judge, it is like penalizing speeding but then adding an extra penalty if a car is involved.

Viewing child pornography is “foul”, but viewing it does not mean that it is being distributed or that the viewer will ever seek out relationships with real children.

One judge has said that the Guideline sentences for child pornography cases are often too harsh where the defendant’s crime is solely possession unaccompanied by an indication of “acting out” behavior on the part of [the] defendant.

If you are facing charges for the possession of child pornography, seek the advice of a criminal attorney as soon as possible to help minimize the charges or penalties that you are facing.