Harsh Penalties for Child Pornography Convictions

 Posted on September 06, 2018 in Child Pornography

Illionois defense attorney, Illinois federal crimes lawyer, Illinois criminal defense lawyerIt is surprising but true: child pornography sentences are longer than sex contact crimes perpetrated against minors such as rape or molestation. This holds true whether the convictions take place in state or federal court.

Experts believe that this differential can be attributed to the type of evidence presented at child porn and sex contact crime trials. In sex contact crimes trials, testimony is often a key component of the government’s case. Testimony can often be conflicting between witnesses. This is especially true where children are witnesses. There is often also difficulty gathering physical evidence in sex contact crimes.

In contrast, child pornography cases typically involve firmer evidence. Child pornography possession is essentially a strict liability crime; if a person is found to be in possession of the contraband, he or she will likely be convicted. The physical evidence is often on a computer or other piece of technology. There is usually no “he said, she said” testimony.

Also, the fact that child pornography is often tried in federal court has contributed to this situation. Federal sentencing ranges have gradually gotten higher over time pursuant to laws passed by Congress.

Child pornography can be prosecuted by the federal government because the contraband images are often transferred over interstate lines and are thus in interstate commerce. Experts agree that whether someone is prosecuted by the state or federal authorities is often happenstance.

Some experts also opine that these structural differences mean that the worst offenders -- those who have physically hurt victims -- go to prison on shorter sentences.

Hire a Chicago, IL Child Porn Attorney

Child pornography charges are serious accusations that can come with harsh consequences. Under these circumstances, you should consider hiring an attorney. A trustworthy Chicago, IL child pornography lawyer can review your case and thoroughly look for your most promising defenses.

Every case should be closely examined to make sure that a criminal defendant’s rights have not be violated. For example, it may be the case that police acted improperly when searching your property or when seeking a statement from you. Where such a violation of the Fourth or Fifth Amendment has occurred, charges may be thrown out by a court.

This is just one area that a criminal defense attorney can examine in your case. Call our firm today at 312-629-0669 to set up your first meeting with our attorney.



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