Because federal child pornography charges are very difficult to defend against, it is imperative to retain an experienced criminal defense attorney immediately if charged. Child pornography is defined as any sexual depiction of a minor under the age of 18 years [Section 2256 of Title 18, United States Code]. It’s important to note 1) There need not be sexual activity depicted, only sexually suggestive, and 2) the visual depiction need not actually be a minor, only appear to be a minor. The state age of consent is also irrelevant in a federal pornography charge – any depiction of a person under 18 years (actually or appearing to be so) is sufficient to be charged.
Federal child pornography charges may be brought not only for the alleged possession of such images, but also for conspiring to produce child pornography.
Federal Jurisdiction is involved in federal pornography charges under any situation in which interstate or foreign commerce is alleged, e.g. mail, but almost always with the internet. Even if an image itself does not travel across state or international borders, if the origin of the image involves interstate or international travel this is sufficient for federal jurisdiction.
If you are charged with federal pornography it is imperative that you remain silent and do not speak with authorities except to provide your identity. Do not attempt to persuade law enforcement that you did not intend to possess, download, etc. the alleged depictions. Even if you are charged with child pornography, you are presumed innocent until proven guilty. Given the difficulties involved in this kind of case, you need legal representation immediately.
Conviction of a federal child pornography charge can be life devastating, including mandatory prison sentences and registration as a sex offender. The government seeks very harsh consequences even for first time offenders.
Experienced Houston Criminal Defense Attorney
Carl Haggard and his federal criminal defense team at The Haggard Law Firm is prepared to provide you the best defense possible. Carl is an Ex-Chief District Prosecutor with over three decades of experience defending against charges of pornography. He will aggressively fight for you. Call (832)328-0600 or email today for a free confidential discussion regarding your case.