Federal Child Pornography Charges

Federal Child Pornography Charges: Understanding the Law and How Josh Tomsheck of Hofland & Tomsheck Can Defend You

Federal child pornography charges are some of the most severe offenses in the United States legal system. These charges carry harsh penalties, including lengthy prison sentences, significant fines, and the potential for lifelong consequences such as mandatory registration as a sex offender. Given the gravity of these charges and the lasting impact they can have on your life, it’s critical to understand the legal landscape and know that you have options for defense.

If you or someone you know is facing federal child pornography charges, it’s essential to seek skilled legal counsel immediately. Josh Tomsheck, a nationally Board-Certified criminal defense lawyer with Hofland & Tomsheck, has extensive experience defending clients against federal child pornography charges. His deep knowledge of federal laws and strategic defense approach make him the best choice for navigating these complex and sensitive cases.

What Are Federal Child Pornography Charges?

Federal child pornography laws are designed to protect minors from exploitation, and they make it illegal to produce, distribute, receive, or possess sexually explicit material involving children under the age of 18. These laws are primarily governed by two key statutes:

1. 18 U.S.C. § 2251: This statute makes it illegal to produce or attempt to produce child pornography. This includes inducing or persuading a minor to engage in sexually explicit conduct for the purpose of creating visual depictions. The penalties for producing child pornography are severe, often resulting in a minimum mandatory sentence of 15 years in federal prison.
2. 18 U.S.C. § 2252 and 18 U.S.C. § 2252A: These statutes address the possession, receipt, and distribution of child pornography. They prohibit individuals from knowingly receiving, distributing, or possessing sexually explicit material involving minors. The penalties for these crimes can include mandatory minimum sentences of five years for receipt or distribution and up to 20 years for more serious offenses.

Additionally, 18 U.S.C. § 2422(b) criminalizes the act of using the internet or other means to entice a minor to engage in sexual activity. Even attempting to commit this crime can lead to substantial penalties.

Types of Federal Child Pornography Charges

Federal child pornography cases can involve a variety of criminal charges, each with its own set of penalties. Some of the most common charges include:

• Possession of Child Pornography: Possessing images or videos of minors engaged in sexually explicit conduct is a federal crime. The penalties for possession vary, but they can result in up to 10 years in prison, fines, and lifetime registration as a sex offender.
• Receipt of Child Pornography: Receiving child pornography—whether by downloading it from the internet, obtaining it through email, or acquiring it by other means—carries a mandatory minimum sentence of five years in federal prison, with a maximum of 20 years.
• Distribution of Child Pornography: Distributing child pornography can involve sending it via the internet, sharing it with others, or uploading it to online platforms. The penalties for distribution are harsh, often including lengthy prison sentences of 15 years or more.
• Production of Child Pornography: Producing child pornography, which includes taking photographs, videos, or any visual representations of minors engaged in sexual activity, is one of the most serious federal offenses. This crime typically results in mandatory minimum sentences of 15 years, and it can lead to life imprisonment depending on the circumstances.
• Solicitation or Enticement of a Minor: Using the internet or other means to communicate with minors for the purpose of engaging in sexual activity, even if no physical contact occurs, can lead to federal charges. These cases often involve sting operations where law enforcement poses as minors in online chatrooms or forums.

Penalties for Federal Child Pornography Convictions

The penalties for federal child pornography charges are severe, and they often include:

• Lengthy Prison Sentences: For offenses such as production or distribution, the federal government imposes mandatory minimum prison sentences that can range from 5 years to life. Even possession of child pornography can result in a sentence of up to 10 years in prison.
• Fines: In addition to prison sentences, defendants convicted of child pornography charges may face significant fines, sometimes reaching hundreds of thousands of dollars.
• Mandatory Registration as a Sex Offender: A conviction for any federal child pornography offense will almost certainly result in mandatory sex offender registration. This can have life-altering consequences, including restrictions on where you can live, work, and travel.
• Supervised Release: After completing a prison sentence, defendants are often placed on supervised release for years, during which they must comply with strict conditions, such as restrictions on internet access, regular check-ins with probation officers, and mandatory counseling.

Defenses Against Federal Child Pornography Charges

Given the severity of the penalties, defending against federal child pornography charges requires a highly skilled attorney who can analyze every aspect of the case and challenge the evidence and procedures used by law enforcement. Josh Tomsheck is experienced in building robust defenses for his clients, and some of the potential defenses he may raise include:

1. Lack of Knowledge: One of the key elements the prosecution must prove is that the defendant knowingly possessed, received, or distributed child pornography. In some cases, the defendant may not have been aware that the illegal material was on their computer or device. For example, the material could have been downloaded inadvertently, or the device may have been hacked or accessed by another individual.
2. Illegal Search and Seizure: The Fourth Amendment protects individuals from unlawful searches and seizures by law enforcement. If investigators obtained evidence through an illegal search—such as conducting a search without a proper warrant or exceeding the scope of a warrant—Tomsheck can file a motion to suppress the evidence. Without this evidence, the prosecution’s case may be significantly weakened.
3. Entrapment: In some cases, law enforcement may conduct undercover operations to catch individuals soliciting or sharing child pornography online. If an officer or agent induces a defendant to commit a crime they otherwise would not have committed, the entrapment defense may be used to challenge the charges.
4. Computer Forensics Errors: Federal child pornography cases often rely heavily on digital evidence, including files found on computers, smartphones, or cloud storage. Josh Tomsheck works with expert computer forensic analysts to review the prosecution’s evidence and identify potential issues, such as improper handling of the data, malware infections, or unauthorized access by third parties.
5. Insufficient Evidence: In many child pornography cases, the prosecution must prove that the defendant knowingly possessed or received illegal content. If the evidence is circumstantial or if there is a reasonable doubt about the defendant’s involvement, Tomsheck can argue that the prosecution has failed to meet its burden of proof.

How Josh Tomsheck Can Help You in Federal Child Pornography Cases

Defending against federal child pornography charges requires a comprehensive understanding of both the legal system and the technical aspects of digital evidence. Josh Tomsheck is a seasoned criminal defense attorney who has successfully represented clients in federal court, including those facing serious internet-based crimes.

Here’s how Josh Tomsheck can help you in your case:

• Thorough Investigation and Preparation: Tomsheck meticulously investigates the facts of each case, identifying weaknesses in the prosecution’s evidence and exploring all possible defenses. He works with expert witnesses, including forensic analysts and investigators, to challenge the government’s case.
• Aggressive Pre-Trial Motions: Before your case goes to trial, Tomsheck will file pre-trial motions to suppress unlawfully obtained evidence, challenge the admissibility of digital evidence, and seek to have the charges reduced or dismissed altogether.
• Negotiating for Reduced Charges: In some cases, it may be possible to negotiate with federal prosecutors to reduce the charges or secure a plea deal that minimizes the penalties. Tomsheck is skilled at negotiating with prosecutors to achieve the best possible outcome for his clients.
• Trial Representation: If your case goes to trial, Tomsheck will mount a strong defense, challenging the prosecution’s evidence and presenting compelling arguments to the jury. His experience in federal court and his knowledge of internet crime law give him a strategic advantage when defending clients against child pornography charges.

Why Choose Josh Tomsheck for Your Federal Child Pornography Defense?

Facing federal child pornography charges can be overwhelming, but having the right attorney by your side can make all the difference. Josh Tomsheck is a nationally Board-Certified criminal defense lawyer who has successfully defended clients against serious federal charges, including internet crimes and child pornography offenses.

With his extensive experience in federal court, Josh Tomsheck understands the complexities of these cases and knows how to build a strong defense that protects his clients’ rights. If you are facing federal child pornography charges, contact Josh Tomsheck at Hofland & Tomsheck today. You need a dedicated advocate who will fight tirelessly for the best possible outcome in your case.