What to Do if You Are Being Investigated for Child Pornography

 Posted on May 30, 2025 in Child Pornography

Federal child pornography investigations move quickly and aggressively. If federal agents have contacted you, searched your home, or seized your devices, you may already be under formal investigation, even if no charges have been filed yet. 

In Chicago, federal prosecutors work with agencies like the FBI, Homeland Security Investigations, and the U.S. Attorney’s Office to pursue serious penalties for child pornography-related offenses. Delaying your response can make things much worse.

As of May 2025, federal sentencing guidelines impose mandatory minimums for certain child pornography convictions, and prosecutors have wide discretion when building cases. That is why your first move should be to speak with an experienced Illinois federal child sex crimes defense attorney, especially one who has worked on the other side of these investigations as a former prosecutor.

How Do the Feds Catch Someone for Child Pornography?

Federal child pornography investigations often begin with a tip, such as a technology company that has detected suspicious material. Digital evidence may also be uncovered during unrelated investigations, peer-to-peer filing networks may be monitored and interdicted by law enforcement, or someone previously arrested for child pornography charges may share information on another suspect. 

However the investigation begins, if agents serve a search warrant or ask to "talk," assume you are a target. Anything you say can be used to build a case against you.

What Should You Do if You Are Being Investigated for Child Pornography?

Although every federal case is unique, there are certain unifying factors, including what you should do when you first believe you are being charged or investigated: 

• Do not speak to federal agents without a lawyer present. Even seemingly innocent answers can be used to justify charges or establish intent.

• Do not attempt to delete files. Tampering with evidence is a separate federal crime.

• Hire a lawyer with federal court experience. State criminal defense is not the same. Federal cases have different procedures, timelines, and consequences.

• Preserve records of interactions. Note every agency involved, document what was seized, and keep copies of any paperwork or warrants served.

What Are the Possible Charges for Federal Child Pornography?

Under federal law, you could face charges for possession, distribution, or production of child pornography, all very serious crimes involving prison time and hefty fines. For example, a first-time offender who is convicted of moving child pornography across state lines – including over the internet – faces up to 20 years in prison, with enhancements possible based on prior offenses, number of images, or involvement of violence or coercion. If you want to know more about artificial intelligence-generated images and child pornography laws, read here. 

A former federal prosecutor brings a unique advantage to your defense. They understand how the government builds these cases and where the weaknesses may be. In many cases, early intervention can lead to a reduced charge, a negotiated resolution, or even the avoidance of formal prosecution if insufficient evidence exists. 

Contact a Chicago, IL Federal Sex Crimes Defense Lawyer

If you are being investigated for child pornography by federal authorities, time is not on your side. Call Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 to speak with a former prosecutor and experienced Chicago, IL child pornography defense attorney. We offer free consultations and will act immediately to protect your rights.