Sentencing for Federal Child Pornography Crimes

What Is Child Pornography?

Child pornography is defined as any sexually explicit visual media that depicts a minor (someone under 18 years old). 

While this does include content that depicts children engaging in sexual congress or other sexual acts, it is not limited to penetration. Any media involving a minor that is sexually suggestive or otherwise explicit can be considered child pornography. Common examples of child pornography that do not depict specific sex acts include media in which a minor is unclothed and/or posed suggestively. 

Child pornography can also include media that has been altered to resemble an identifiable minor, even if the content did not originally depict someone under the age of 18. For example, an unclothed picture where the body remains that of the original adult subject, but the face has been altered to reflect the face of a child. 

What About the First Amendment?

While the First Amendment does protect the right to free speech, which usually includes other forms of media, such rights are not extended to content determined to be child pornography. The Federal Government of the United States is dedicated to protecting children, and as such, will zealously prosecute anyone who puts children in danger.

What Are Federal Child Pornography Crimes?

Federal law prohibits the creation, distribution, transmission, and possession of child pornography in all its forms. This encompasses a wide variety of activities and behaviors that can range from simply possessing child pornography in hard copy or digitally on a personal device, to actively creating child pornography with a minor. 

The creation of child pornography also includes soliciting someone under the age of 18 to create and send sexual images, even if the images themselves are never made or never sent. 

From these various activities and behaviors can arise a range of charges and subsequent sentencing. Common federal child pornography crimes include, but are not limited to:

• Sexual Exploitation of Children
• Selling and Buying of Children
• Distribution of Child Pornography
• Receipt of Child Pornography
• Possession of Child Pornography
• Producing Sexually Explicit Depictions of a Minor
• Child Abuse

What If the Minor is Consenting? 

The opinion of the minor involved has very little impact on the crime and subsequent sentencing. Minors are considered under the age of consent, meaning they are not old enough to legally agree to sexual encounters. Because of this, the consent argument is null and void.

What Are the Legal Repercussions of a Federal Child Pornography Charge in Florida?

The State of Florida is just as dedicated to the protection of minors as the Federal Government. As such, crimes against children (especially those of a sexual nature) in the Orlando, Florida, area and elsewhere are prosecuted severely. 

Most child pornography offenders will face, at minimum, mandatory sex offender registration. Registered sex offenders are prohibited from being within a certain radius of places where children congregate, such as schools, daycares, playgrounds, and more. This limitation can restrict employment and housing options, and also has plenty of negative social ramifications as well. Sex offenders may also lose their professional licensure.

Child pornography crimes also almost always result in jail time. Sentences can range from 5 years to 40 years or more, depending on the type of crime committed and whether or not the defendant is a first-time offender. 

The sentencing of child pornography crimes depends heavily on whether or not any aggravating factors are involved.

What Are Aggravating Factors?

Aggravating factors are those that increase the severity of the crime. The government can impose increased jail time, fines, and other consequences for federal child pornography crimes if these factors are found. 

Aggravating factors include, but are not limited to: 

• Children under the age of 12
• Content that is sadistic, violent, or masochistic in nature
• A pattern of activity that constitutes sexual exploitation or abuse

Defendants involved in child pornography crimes found to involve aggravating factors may face up to life in prison.

How Can Hanlon Law Help?

Sex crime cases are always sensitive, and those that involve children are even more so. It’s vital to seek legal counsel as soon as possible to discuss your options. At Hanlon Law, our team brings over 20 years of experience in sex crimes. We’ll help you understand your situation and figure out your best possible defense. 

If you’ve been charged with a federal child pornography crime in the Orlando, Florida, area, contact Hanlon Law today.

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• Sex Trafficking of Children
• Sentencing for Federal Child Pornography Crimes
• Activities Relating to Material Constituting Child Pornography
• Sexual Exploitation of Children

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