Fighting Distribution of Child Pornography Charges in Federal Court

Fighting Distribution of Child Pornography Charges in Federal Court

Being charged with distribution of child pornography in federal court is extremely serious. These charges carry heavy penalties and can ruin someone’s life even if they are acquitted. However, these cases are defensible with an experienced federal criminal defense attorney.

Distribution of child pornography is illegal under 18 U.S.C. §2252A. This law prohibits knowingly mailing, transporting, shipping, receiving, distributing, reproducing, selling, possessing, or accessing child pornography using any means of interstate or foreign commerce. It includes images of real children engaging in sexually explicit conduct.

The penalties for breaking this law are harsh. Distribution carries a mandatory minimum prison sentence of 5 years and a maximum of 20 years. Fines can be as high as $250,000. Supervised release for life is also common. Registration as a sex offender is required.

How These Cases Originate

Most child pornography distribution cases begin with an investigation by the FBI or Homeland Security. They use tools to identify people sharing child pornography on peer-to-peer networks like BitTorrent. They can see the IP addresses engaging in this illegal file sharing.

Agents will do a “knock and talk” at the physical address associated with the IP address. They try to get consent to search or confiscate electronic devices. If consent is refused, they get a warrant.

The devices are forensically examined. If child pornography is found, you may be confronted with the evidence and asked to confess. Never do this without an attorney present.

Common Defenses in Child Porn Cases

There are many ways for an experienced federal criminal defense lawyer to get charges dismissed or reduced. Some common defenses include:

• You did not knowingly download or distribute child pornography
• You were conducting legitimate research
• The files are not of real children
• The files do not meet the federal definition of sexually explicit
• You were not in possession of the files
• You did not use interstate commerce to obtain the files
• You were the victim of malware or a computer virus
• You were falsely targeted as part of a federal investigation

You Did Not Knowingly Download the Files

One of the best defenses is that you did not intentionally or knowingly download child pornography. With peer-to-peer software, files can be downloaded without the user’s knowledge or consent. You may have been looking for legal adult content and illegal files were bundled with it.

Your lawyer can argue you never saw the illicit files and had no knowledge of them. This is especially compelling if you have no history of seeking child pornography. With no intent, there is no crime.

Conducting Legitimate Research

Some people download child pornography inadvertently while doing legitimate research. For example, an attorney may review the material while preparing a defense for a client charged with child pornography crimes. A journalist or academic researcher could access the files while investigating child exploitation issues.

As long as there is a valid, lawful purpose for obtaining the illegal content, a defense can be mounted. Your attorney can argue you had no illicit intent and were acting in good faith.

Files Do Not Depict Real Children

Federal child pornography laws only apply to visual depictions of real children, not fictional characters. Sophisticated technology exists to create realistic computer-generated images. If analysis shows the files are artificial, then they may not meet the legal definition.

Your lawyer can obtain forensic experts to examine the images and build a defense around the artificial nature of the content. This requires convincing technical evidence.

Images Are Not Sexually Explicit

Another defense angle is that the files do not contain sexually explicit conduct involving children. The definition under 18 U.S.C. §2256 is fairly narrow. It refers to actual or simulated sexual intercourse, bestiality, masturbation, sadistic/masochistic abuse, or lascivious exhibition of genitals.

Your attorney can scrutinize the images and argue they do not meet these strict standards. For example, mere nudity without sexual activity may not qualify as illegal.

You Were Not In Possession

Prosecutors must prove you knowingly possessed the child pornography. But if the files were located in parts of the computer you cannot access or control, possession is questionable.

For example, illegal files buried deep in system folders, temporary internet caches, or deleted hard drive space you cannot retrieve. Your lawyer can argue these do not count as possession.

No Interstate Commerce Connection

Federal jurisdiction is limited to acts involving interstate or foreign commerce. If the pornographic materials have no connection to commerce crossing state or national borders, the case may exceed the government’s authority.

Your attorney can file motions to have charges dismissed for lack of jurisdiction if the conduct is strictly intrastate with no nexus to interstate commerce.

Third Party Responsibility

It’s possible to shift responsibility for the child pornography onto third parties. For example, malware or computer viruses could have downloaded the files without your consent. Or someone with access to your devices may have obtained the illegal content.

Your lawyer can develop alternative theories and identify other potential suspects. This creates reasonable doubt as to your culpability.

False Targets

Law enforcement sometimes relies on flawed investigative techniques that sweep up innocent people. You may have been falsely targeted as part of an overbroad federal operation.

Your attorney can probe for deficiencies in the government’s case. For example, IP addresses do not always accurately pinpoint subscribers. Wi-Fi piggybacking allows others to use your internet. There may be flaws in the warrant application process.

By undermining the strength of the evidence, your lawyer can get charges dismissed before trial.

Building an Effective Defense Strategy

Fighting distribution of child pornography charges requires an aggressive and creative defense. Some key steps include:

• Retaining an experienced federal criminal defense lawyer immediately
• Not speaking with law enforcement without your attorney present
• Having your devices forensically examined by computer experts
• Filing motions to suppress evidence or dismiss the case for lack of jurisdiction
• Utilizing pretrial diversion programs like deferred prosecution whenever possible
• Seeking plea bargains to lesser charges if the evidence is overwhelming
• Going to trial and forcing the government to prove your guilt beyond reasonable doubt

An adept federal defense lawyer knows how to exploit weaknesses in the prosecution’s case. They understand complex digital forensics. They identify constitutional violations that can get evidence thrown out. And they negotiate strongly for plea deals or acquittals.

Although the penalties are severe, many of these cases can be won with an aggressive defense strategy. Don’t hesitate to fight the charges if you have been falsely accused.