Child Pornography Charges and Laws

Frequently, a child pornography criminal case is complicated because the matter involves many different criminal charges.  In addition, penalties for each case vary, depending upon the details of the case, whether state or federal charges are pending and the particular jurisdiction where the case is filed.

Examples of child pornography criminal charges include, but are not limited to, the following:

• possession of child pornography
• distribution of child pornography
• possession of obscene material

Laws Governing Child Pornography

Under most state laws, it is illegal to possess any visual depiction of a minor engaged in a sexual act.  Moreover, it is illegal in most states to distribute child pornography.  Furthermore, most states have a set of laws known as “obscenity laws” which apply to child pornography.  Pursuant to obscenity laws, if one possesses, produces, distributes or sells materials deemed to be “obscene,” one may be charged with an offense. Obscene materials typically include visual depictions of minors engaged in sexual activities.  In addition to state laws, there are also federal laws applicable to child pornography.  Federal law prohibits any interstate distribution of child pornography.  In addition, federal law prohibits the distribution or possession of child pornography on federal property.

Criminal Penalties for Child Pornography

If found guilty of a child pornography criminal offense, one may face the following sentence or a combination thereof:

• imprisonment in a county, state or federal prison
• fines
• probation
• parole
• counseling
• sex offender registration
• mandated therapy
• inability to obtain future employment
• inability to obtain licenses
• inability to obtain certain types of higher education

How a Lawyer Can Help

If one has been charged with a child pornography criminal offense, one should consult with an experienced criminal defense attorney as soon as possible.  Child pornography charges are very serious matters and can result in substantial imprisonment time, significant fines, sex offender registration and more.  Therefore, an experienced criminal defense attorney is necessary in order to provide the best and most effective defense.  Moreover, an experienced defense attorney will be able to utilize their skills in order to possibly reduce any charges and negotiate a favorable plea bargain, if circumstances permit such an arrangement. Finally, a seasoned criminal attorney will be able to easily navigate through the criminal justice system and be able to answer any questions one may have during the process.