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Federal Child Pornography Attorney

Federal Child Pornography Attorney

Oklahoma Federal Child Pornogrpahy Attorney

Oklahoma Federal Child Pornography Attorney

The federal government has jurisdiction to prosecute crimes that are accomplished using any means of interstate commerce. A popular method of interstate commerce is via use of the internet. The mere act of sending an email usually involves interstate commerce, because the servers through which an email passes are often located in different states. The prevalence of the internet as a way to share information almost anonymously through email, chatrooms, and/or peer-to-peer networks, has led to an increase in federal prosecutions for crimes involving the possession, manufacturing, and distribution of child pornography. Federal crimes involving child pornography include:

Possession of Child Pornography

Title 18, Section 2252 of the United States Code defines possession of child pornography, in relevant part, as knowingly possessing images or videos that contain a minor engaging in sexually explicit conduct. Sexually explicit conduct is defined as sexual intercourse, masturbation, bestiality, sadistic abuse, or exhibition of genitals in a sexual manner.

The range of punishment for a first-time offender convicted of possession of child pornography in federal court is up to ten (10) years imprisonment. There is no mandatory minimum for a first-time offender charged with possession of child pornography.

The range of punishment increases to ten (10) to twenty (20) years imprisonment for someone with a prior conviction for a sex-related offense in either state or federal court.

Distribution of Child Pornography

Title 18, Section 2252A of the United States Code sets forth the elements of distribution of child pornography. These elements are knowingly mailing, transporting, or shipping child pornography using any means of interstate commerce. Common ways of mailing, transporting, or shipping child pornography using means of interstate commerce include emailing child pornography to a recipient, posting child pornography in a chat room, and downloading child pornography through a peer-to-peer network.

The range of punishment for a first-time offender convicted of distribution of child pornography is five (5) to twenty (20) years imprisonment in the custody of the Bureau of Prisons. The range of punishment increases to fifteen (15) to forty (40) years imprisonment for a person with a prior conviction for a sex crime.

Sexual Exploitation of a Child

Title 18, Section 2252 of the United States Code defines sexual exploitation of a child, in relevant part, as the possession or distribution of books, magazines, periodicals, films, video tapes, or other matter containing any visual depiction of minor (person under age 18) engaging in sexually explicit conduct that has been mailed, shipped, or transported using any means or facility of or affecting interstate or foreign commerce.

The range of punishment for sexual exploitation of a child is up to ten (10) years imprisonment in the custody of the Bureau of Prisons. If any visual depiction included in the offense involves a prepubescent minor who is under age twelve (12), the range of punishment increases to up to twenty (20) years imprisonment. If the person convicted of sexual exploitation of a child has a prior conviction under Chapters 71, 109A, 110, or 117 of Title 18, or under Section 920 of Title 10 of the United States Code, or a conviction under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, the range of punishment increases to not less than ten (10) years nor more than twenty (20) years imprisonment.

Solicitation of Child Pornography

Title 18, Section 2251 of the United States Code prohibits posting any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. Section 2251 applies when the person knows that such advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.

Production of Sexually Explicit Depictions of a Minor for Importation

Title 18, Section 2260 of the United States Code criminalizes the creation or production of sexually explicit depictions of a minor (person under age 18) for importation into the United States.