Las Vegas Federal Child Pornography Defense Lawyer
Child pornography is one of the most aggressively prosecuted federal crimes in the United States, involving the possession, distribution, production, or transmission of sexually explicit material involving minors. Charged under 18 U.S.C. § 2252, child pornography offenses carry severe penalties, including lengthy prison sentences and mandatory minimums. Federal authorities, including the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS), dedicate substantial resources to investigating and prosecuting these cases, particularly given the societal harm associated with the exploitation of minors.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, is highly experienced in defending clients facing serious federal charges, including child pornography offenses. If you are under investigation or have been charged with possessing, distributing, or producing child pornography, you need an attorney with the knowledge and expertise to build a strong defense, protect your rights, and minimize the consequences of the charges.
What Is Child Pornography?
Child pornography, as defined under 18 U.S.C. § 2252, involves the possession, receipt, distribution, production, or transportation of any visual depiction of a minor engaged in sexually explicit conduct. These offenses can apply to various forms of media, including photographs, videos, and digital content shared online. The statute encompasses several key offenses:
Possession of Child Pornography: Having any visual depiction of sexually explicit conduct involving a minor is illegal under federal law. This includes images or videos saved on a computer, phone, or other digital devices.
Distribution of Child Pornography: Sharing or transmitting child pornography, whether by email, file-sharing networks, or other digital means, is prohibited under 18 U.S.C. § 2252. Distribution offenses often carry harsher penalties than possession.
Production of Child Pornography: Creating or assisting in the creation of child pornography is one of the most serious offenses under this statute. This can include taking explicit photographs or videos of minors or encouraging them to engage in sexually explicit conduct.
Receipt and Transportation: Downloading or receiving child pornography, either through mail or electronic means, also constitutes a violation of 18 U.S.C. § 2252. These charges often arise in connection with internet-based investigations.
Child pornography offenses are subject to mandatory minimum sentences, and defendants convicted of these crimes often face long-term consequences, including sex offender registration and lifetime supervision.
Case Law and Legal Precedents for Child Pornography
Several significant court cases have shaped the way child pornography is prosecuted under federal law. In United States v. Williams, 553 U.S. 285 (2008), the Supreme Court upheld the PROTECT Act, which criminalizes the distribution of child pornography and includes provisions for enhanced penalties. This ruling reinforced the government's authority to prosecute individuals for promoting or sharing material that is considered child pornography, even if the material was not directly produced by the defendant.
In Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Supreme Court ruled that virtual child pornography, which does not involve real minors, is protected under the First Amendment. However, this case also emphasized that any depiction of actual minors engaged in sexually explicit conduct remains strictly illegal and prosecutable under federal law.
Another important case is United States v. Dost, 636 F. Supp. 828 (S.D. Cal. 1986), where the court developed the "Dost factors," a set of criteria used to determine whether a visual depiction of a minor qualifies as sexually explicit content. These factors include the focus on the child's genitalia, the pose of the minor, and whether the depiction is intended to elicit a sexual response in the viewer.
Penalties for Child Pornography
Child pornography offenses are among the most harshly penalized federal crimes, with mandatory minimum sentences in many cases. The penalties for child pornography under 18 U.S.C. § 2252 include:
Fines: Individuals convicted of child pornography offenses may be required to pay substantial fines, often reaching up to $250,000 or more, depending on the number of images or videos involved and other aggravating factors.
Imprisonment: The statutory penalties for child pornography vary based on the specific offense. Possession of child pornography generally carries a mandatory minimum sentence of five years in federal prison, with longer sentences imposed for distribution, receipt, or production offenses. Production of child pornography can result in a sentence of 15 to 30 years in prison, depending on the severity of the case.
Mandatory Minimum Sentences: Many child pornography offenses carry mandatory minimum sentences, meaning that the judge must impose a certain minimum prison term regardless of the circumstances of the case. This can lead to long prison terms even for first-time offenders.
Sex Offender Registration: In addition to imprisonment and fines, individuals convicted of child pornography are required to register as sex offenders under the Sex Offender Registration and Notification Act (SORNA). This registration can have long-term consequences, including restrictions on where the individual can live, work, or travel.
Supervised Release: Following a prison sentence, defendants convicted of child pornography offenses are typically subject to supervised release for a period of time, which can range from five years to life. Supervised release often includes strict conditions, such as restrictions on internet access and contact with minors.
The U.S. Sentencing Guidelines provide an advisory sentencing range for child pornography offenses, taking into account factors such as the number of images, the involvement of actual minors, the age of the minors, and the defendant's role in producing or distributing the material.
Federal Investigations and Child Pornography Charges
Child pornography cases are primarily investigated by federal agencies such as the FBI, Homeland Security Investigations (HSI), and the U.S. Postal Inspection Service. These investigations often involve the use of advanced technology, including forensic analysis of computers, cell phones, and other digital devices. Investigations may also include undercover operations in which law enforcement officers pose as individuals seeking or offering child pornography in online forums or peer-to-peer networks.
Federal agencies may use search warrants to seize computers, hard drives, and other electronic devices suspected of containing child pornography. If you are under investigation for child pornography or your home or devices have been searched by federal agents, it is crucial to seek legal representation immediately to ensure that your rights are protected during the investigation process.
Defenses Against Child Pornography Charges
At Hofland & Tomsheck, we understand the serious nature of child pornography charges and the potential consequences of a conviction. We take a comprehensive approach to defending clients against these charges, carefully analyzing the facts of the case and challenging the government's evidence. Common defenses against child pornography charges include:
Lack of Knowledge: In some cases, individuals may not be aware that child pornography was downloaded or stored on their devices. This defense may apply if the material was downloaded unknowingly or by someone else who had access to the device.
Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement officers obtained evidence without a valid search warrant or exceeded the scope of the warrant, we can file a motion to suppress the evidence, potentially leading to the dismissal of the charges.
Possession vs. Access: Simply accessing a website or viewing an image does not necessarily constitute possession of child pornography. We can argue that the defendant did not have control over the material and was not in possession of the illegal content.
Entrapment: In some cases, individuals may be coerced or manipulated by undercover agents into committing a crime they would not have otherwise committed. If we can demonstrate that the defendant was entrapped by law enforcement, this can serve as a defense.
Sentencing Guidelines for Child Pornography
Federal sentencing for child pornography is determined by the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Number of Images: Larger collections of images or videos generally result in harsher penalties.
Age of the Victims: Cases involving images or videos of younger children, particularly those under the age of 12, may lead to enhanced penalties.
Involvement of Production: Producing or assisting in the production of child pornography carries the most severe penalties, including mandatory minimum sentences of 15 to 30 years in federal prison.
Use of Computers or Internet: The use of computers or the internet to facilitate child pornography offenses can result in sentence enhancements under the guidelines.
Judges consider the guidelines when determining sentences but also have discretion to impose sentences based on the specific facts of the case. In child pornography cases, judges often impose significant prison terms due to the serious nature of the offense and the impact on victims.
Why Choose Josh Tomsheck for Your Child Pornography Defense
Facing child pornography charges is an overwhelming and life-altering experience. You need an experienced defense attorney who understands the complexities of these cases and can provide you with a strong defense. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of defending clients against federal child pornography charges.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit key witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing serious federal charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal child pornography charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal child pornography charges.
