Have law enforcement officials arrested and charged you with the distribution or receipt of child pornography? These charges are serious, as are the potential consequences. You deserve experienced, dedicated legal advocacy to level the playing field for you in the criminal justice system. Let Federal Criminal Attorneys of Michigan provide it to you. Our firm will leverage our skills and resources to explore all avenues and pursue the best possible resolution of your case. Contact us today for an initial case evaluation with a distribution and receipt of child pornography defense lawyer, and start fighting your charges today.
Understanding Child Pornography Distribution Charges
Under federal law, a person commits a crime if they knowingly:
- Mail, transport, or ship child pornography using any means of interstate or foreign commerce, including by computer
- Receive or distribute child pornography or any material containing child pornography via any means or facility of interstate or foreign commerce
- Reproduce child pornography for distribution through any means of interstate or foreign commerce or to advertise, promote, present, distribute, or solicit, through any means of interstate or foreign commerce, any material in a manner reflecting the belief that the material contains child pornography
- Sell or possess with intent to sell child pornography while in the special maritime or territorial jurisdiction of the federal government or on any land or building owned by, leased to, or under the control of the federal government
Federal law defines child pornography as any photograph, video, film, or computer-generated image or picture that appears to depict a minor engaging in sexually explicit conduct.
Michigan law also makes it a crime for a person to distribute, promote, or finance the distribution/promotion of child pornography or receive child pornography for the purpose of distribution or promotion when the person knows or should know that the materials depict or appear to depict a child.
Potential Consequences of a Child Pornography Distribution Conviction
A conviction in federal court for child pornography distribution carries severe penalties. A convicted defendant can face a prison sentence of five to 20 years; however, if they have a prior conviction for a sex offense related to sexual abuse of a child, child pornography, or sex trafficking of children, the sentencing range increases to 15 to 40 years in prison. Federal courts can also impose fines in addition to incarceration.
A defendant convicted of child pornography distribution under Michigan law may face a penalty of up to seven years in prison, a fine of up to $50,000, or both incarceration and a fine. However, if the material involved a prepubescent child, sadomasochistic abuse, or bestiality or included a video or over 100 images of child pornography, the potential sentence can increase to up to 15 years in prison, a fine of up to $75,000 or both imprisonment and a fine.
A person convicted of receiving or distributing child pornography may face other long-term consequences, such as the requirement to register as a sex offender or submit to community supervision. Furthermore, a conviction will result in a criminal record that carries a heavy stigma due to the nature of child pornography offenses. Having a criminal record with a child pornography conviction can make pursuing employment, educational, or housing opportunities more challenging.
Due to the potential consequences of a conviction in state or federal court for receiving or distributing child pornography, having experienced legal counsel and advocacy can make a difference in the outcome of your criminal case.
Defenses in Child Pornography Cases
Defendants facing prosecution for receipt or distribution of child pornography may raise various defenses against the government’s case, such as:
- Lack of intent: A defendant may claim that they did not intend to receive child pornography or materials containing child pornography.
- Lack of possession: Defendants may argue that the government’s case fails to prove that they had actual or constructive possession of child pornography materials.
- Mistaken identity: A defendant may assert that someone else using their Wifi or IP address received or distributed the child pornography.
- Lack of knowledge: Defendants may claim that they did know that they downloaded or received files or materials containing child pornography.
- No depiction of a child: A defendant may argue that the sexually explicit materials at issue do not depict a child or any part of a child.
- Unlawfully obtained evidence: Defendants may seek to exclude evidence from the prosecution’s case by arguing that law enforcement investigators conducted an unlawful search without a warrant or probable cause.
How Can a Criminal Defense Attorney Help?
When facing prosecution for receipt or distribution of child pornography, a criminal defense lawyer from Federal Criminal Attorneys of Michigan can help you protect your rights and interests by:
- Investigating the government’s charges against you to obtain favorable evidence that we can use to build an effective defense strategy for you
- Working with technical experts as needed to evaluate and understand the evidence
- Identifying your legal options for seeking a favorable resolution to your charges
- Explaining your charges and the possible outcomes of your case to help you make well-informed decisions
- Vigorously contesting the government’s case at each step, including seeking to exclude inadmissible or unlawfully obtained evidence or to dismiss your charges for lack of evidence
- Advocating on your behalf in court if you choose to take your case to trial
Contact Our Firm Today to Discuss Your Options in Your Case
If you’ve been charged with distributing or receiving child pornography, you need experienced legal representation to defend your rights, reputation, and future. Contact Federal Criminal Attorneys of Michigan today for a confidential consultation with our legal team to discuss how we will vigorously pursue a favorable resolution to your charges.
Federal Criminal Attorneys of Michigan, based in Detroit, also assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.