There are a number of internet crimes that can be prosecuted at the federal level, including the sending or receiving of child pornography, reproducing child pornography videos for the purposes of distribution or advertising such materials. Sending materials that depict a minor or someone that appears to be a minor, engaging in sexually explicit conduct to another minor is also a federal crime.
The penalties associated with these crimes include being imprisoned for at least 5 years. In some cases, if it has been determined that a person has engaged in a child exploitation enterprise, they could face from 20 years to life in prison. Federal prosecutors will aggressively try to prove your guilt and maximize the penalties imposed. This is why you need a tough Los Angeles child pornography attorney working on your behalf.
State Vs. Federal Charges For Child Pornography
Depending upon the particular case, a defendant may face child pornography charges in either state or federal court. In California, child pornography is covered under the state’s obscenity laws. Distributing child pornography is a felony offense under state law, and it is also illegal to possess or produce any type of child pornography or depiction of a minor (a child under 18 years of age) in any sexual act.
U.S. federal laws prohibit the interstate distribution of child pornography as well as the distribution or possession of child pornography on federal property. Under federal law, child pornography is defined as “any visual depiction” of a minor engaging in “sexually explicit conduct”. This may include actual intercourse or any sexual activity, as well as exhibition of the minor’s genitalia. For more information, see 18 U.S.C. Chapter 10, “Sexual Exploitation and Other Abuse of Children”.