24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Federal Child Pornography Charges

January 7, 2025
Federal Child Pornography Charges
Child pornography is one of the worst, most heinous crimes throughout the United States. It is also one that can be prosecuted both on the state and federal levels. Child pornography is a sex crime that involves photographing, videotaping, possessing or distributing sexual content that depicts children under the age of 18. In many instances, the crime is committed when a person downloads files from the Internet that contain images or video of children engaged in sexual activity.

It can be challenging for a person to prove their innocence if it is discovered that they possess child pornography on their computer. As a result, it’s important to better understand the elements of this crime and how best to defend against it with the assistance of an experienced criminal defense attorney.

What is Child Pornography?

The term “child pornography” includes anything that shows a minor or a person who appears to be a minor involved in any type of sexual activity or conduct. It can include images, videos and even computer generated materials. If a video or photo has been modified to make it look like a child has been included and looks to be involved in a sex act therein, this can also be considered child pornography. The same goes for any pornographic content that shows a child in a sex act that is only simulated and not real. The only exception to this would be if an image is art that has a scientific, political, artistic or literary purpose, such as an image in an anatomy book describing the anatomy of a child.

How Can a Person Receive Federal Child Pornography Charges?

In order for a person to receive federal child pornography charges, they must knowingly possess, receive or distribute the content. In other words, there must be some level of knowledge involved, and the person must intend on possessing, receiving or distributing the content as well. If a person accidentally encounters child pornography, that is not enough to convict them of the crime.

In some cases, there may be an honest mistake of a person downloading child pornography onto their computer. For example, certain illegal torrent websites that allow people to download video content contain viruses and rouge content that is essentially thrown into a download. If a person used one of those sites to download a TV show and child pornography was thrown in and they had no knowledge of it, they could not be convicted of a crime.

Penalties and Sentences for Federal Child Pornography Crimes

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

If a person has been convicted of a first offense of child pornography, the penalties are still severe due to the horrific nature of the exploitation of children. Someone who created child pornography would receive 15 to 30 years in prison. Possessing and distributing such content can result in a person receiving 15 to 20 years in prison. Additionally, the individual would be required to register as a sex offender for the rest of their lives.

Possible Defenses to Child Pornography Charges

One of the basic defenses against child pornography charges is to argue that the defendant didn’t know they were accessing or downloading such content or that they accidentally stumbled upon the material. There must be a sense of knowledge and intent in order for the prosecution to successfully prove that the defendant is guilty of federal child pornography crimes.

Another tactic the defense attorney can use is to argue that although the content was found on the individual’s computer, they did not download it. This is a defense that can potentially work if the computer in question is a shared device and another person or persons have access to it.

If the police did not have a search warrant and searched the defendant’s computer, that can also throw out the case. It would be inadmissible in court.

A person who has federal child pornography charges placed against them should know that it is a very serious situation. Such charges require the assistance of an experienced criminal defense attorney to defend them in their case.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now