Federal Child Pornography Laws (18 U.S.C. Section 2256)
California has many laws regarding child pornography offenses. However, because child pornography crimes often involve the internet or other forms of electronic communication, they can be charged as federal crimes.
Federal child pornography offenses carry severe consequences. If you or someone you love has been charged with a federal child pornography offense, you should contact an experienced sex crimes defense lawyer immediately.
The Basics of Federal Child Pornography Laws (18 U.S.C Section 2256)
Under 18 U.S.C. Section 2256, child pornography includes any visual depiction of sexually explicit conduct involving a person under the age of 18. “Child pornography” includes any physical or digital photos, videos and computer-generated images.
It is important to note that the term “sexually explicit conduct” does not mean that the image(s) must show the minor engaging in sexual intercourse or activity. Any sexually explicit images of minors – such as nude photos or non-nude sexually explicit images – could be considered child pornography.
When Will You Be Charged with a Federal Crime for Child Pornography?
If your child pornography offense involves any of the following, you could be facing federal charges:
- You were arrested by a federal agent
- You transported child pornography across state or national lines (including by using electronic communication), OR
- You used the internet to help you commit the child pornography offense
Federal Child Pornography Laws
- Production of child pornography (18 U.S.C. Section 2251) – If you are convicted of persuading, inducing, enticing or coercing a minor into engaging in sexually conduct, you face up to 30 years in federal prison and fines of up to $250,000.
- Producing and importing child pornography (18 U.S.C. Section 2260) – It is illegal to produce child pornography outside of the U.S. and attempt to import it to the country. This federal crime carries a sentence of up to 30 years in prison and $250,000 in fines.
- Trafficking for child pornography (18 U.S.C. Section 2251a) – If you are a parent or legal guardian of a minor child and you buy, sell or transfer custody of that child for the purposes of producing child pornography, you face up to 30 years in prison.
- Distributing or possessing child pornography (18 U.S.C Section 2252) – Knowingly possessing, distributing or viewing and storing images of child pornography is punishable by up to 20 years in federal prison and fines of up to $250,000.
You will also likely be required to register as a sex offender if you are convicted of any federal child pornography offense.
Contact the Federal Child Pornography Attorneys at Wallin & Klarich Today
You should not face the severe penalties of a federal child pornography charge without the help of an experienced federal child pornography lawyer. At Wallin & Klarich, our skilled and knowledgeable sex crimes defense attorneys have been successfully defending clients facing federal child pornography charges for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich federal child pornography attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.