Federal Child Pornography Investigations: You Need a Lawyer

 Posted on February 11, 2024 in Child Pornography

Blog Image Child pornography involves the visual depiction of minors engaging in explicit sexual conduct. The pornography could be depicted through film, videos, photographs, or computer-generated imagery (CGI).

If you are found guilty of such charges, you can expect harsh penalties, including significant jail time and even fines. If you are facing allegations of child pornography, do not hesitate to contact our Chicago federal child pornography attorney today.

Federal Child Pornography Charges

Child pornography charges may include:

  • Production of child pornography
  • Reproduction and dissemination of child pornography
  • Soliciting a child for participation in the production of such materials or voluntary, knowing possession of child pornography

To be charged with child pornography, the following circumstances must be present:

  1. The visual depiction must use a minor engaging in sexually explicit conduct
  2. The visual depiction must have the same resemblance as a real minor engaging in sexually explicit conduct 
  3. The visual depiction has been modified in such a way that it appears an identifiable minor is engaging in sexually explicit conduct

Sentencing for Child Pornography: Federal Versus State

Child pornography can be charged in state or federal court. If the child pornography was distributed or transported interstate or outside of the United States, you will be facing federal charges

Federal crimes are investigated by federal agencies. If you are facing federal child pornography charges, the Federal Bureau of Investigation (F.B.I.) will be investigating your case.

Federal punishments are often more severe than state-level crimes, with sentencing determined by the United States Sentencing Guidelines. If you are convicted on the federal level, you can expect to serve more time and pay higher fines than a state-level offense.

Federal Punishments for Child Pornography 

According to 18 U.S.C. § 2252, anyone who knowingly transports, receives, or distributes child pornography or attempts to conspire with someone violating the law may be sentenced from five to 20 years in federal prison

However, the sentence term may be extended if you partake in the “production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography,” with a prison term between 15 to 40 years.

If you are convicted of Possession of Child Pornography, you could potentially be serving a prison sentence of 20 years, paying $250,000 in fines, and have lifetime supervised release. For any offense involving a minor victim, federal law requires a minimum of five years of supervised release. This applies to all prison terms longer than one year.

Benefits of Hiring a Federal Child Pornography Attorney

A federal criminal lawyer understands how to navigate the federal court system. When you retain the services of Attorney Hal M. Garfinkel, you are hiring a former prosecutor who knows what tactics a prosecutor may pursue to establish your guilt

A Chicago federal child pornography attorney will understand what defenses may be available to you. No criminal case is straightforward, and there are two sides to every story. Attorney Hal M. Garfinkel will not rest until your version of the events is told in court

Speak with a Chicago, IL, Federal Child Pornography Attorney Today

Our legal system is built upon the premise that you are innocent until proven guilty. If you are facing child pornography charges, you need a Chicago, IL, federal child pornography attorney who can advocate on your behalf. Contact Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney online or by calling 312-629-0669 to schedule your free consultation

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