Federal law prohibits the possession, manufacture or distribution of child pornography, and the sentences are very harsh…ranging in some cases from a mandatory minimum of 5 years imprisonment to a maximum of 20 years along with lifetime sex offender registration. However, with proper legal counsel from an experienced Federal crimes attorney, there may be a way to avoid those types of serious consequences.
The most common defense is “accidentally” downloading the image(s) during a web search or chat or receiving unsolicited images through e-mail or bulletin postings or through peer-to-peer file-sharing websites. This can only work if the images found are small in number. The government will look to see if the defendant is a collector or someone with extensive files. Are the files indexed? The government will also look at whether the defendant has downloaded such images, which will vitiate the defense of accident.
Other defenses that a Federal Criminal Defense Attorney needs to consider are:
• The number of images
• The subject was an adult at the time the material was produced
• The defendant made a good faith effort to destroy or report the images
• The images failed to show lascivious exhibition of the genital area – nudity alone is not enough
To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Call us at (877) 466-5245. We will be there when you call.