Child Pornography
Our firm has extensive experience representing clients facing child pornography and sexual exploitation charges in federal courts across Oklahoma, including the Western, Northern, and Eastern Districts of Oklahoma. Many clients reach out to us as soon as they are contacted by federal law enforcement agencies like the FBI, often following the execution of search warrants on their homes, businesses, or computers. Early intervention allows us to potentially influence the government’s decision, sometimes preventing charges or securing a Federal Information instead of an Indictment, which can aid in pretrial release while the case is pending.In defending federal child pornography cases, we scrutinize the legality of search warrants and the methods used to obtain and execute them. If we identify a constitutional rights violation, we file motions to suppress evidence obtained unlawfully, which can significantly weaken or even dismantle the prosecution’s case. Additionally, we examine the circumstances surrounding law enforcement interactions, interrogations, and confessions, challenging any evidence or statements obtained through violations of our clients’ rights. These strategies are pivotal in ensuring our clients receive a fair defense.Throughout every case, we strive to present the complete story by thoroughly investigating the evidence, understanding our client’s perspective, and identifying key defense strategies. Whether seeking dismissal, mitigation, or the best possible outcome, our commitment to our clients remains unwavering. While our firm handles federal cases across the Midwest, we are deeply rooted in Oklahoma and are proud to be Your Fierce Advocates® in the Western, Northern, and Eastern Districts of Oklahoma.What is Considered Child Pornography?
Federal law defines child pornography as any “visual depiction” of a minor under the age of 18 engaging in sexually explicit conduct, which includes activities such as intercourse, masturbation, and the lascivious exhibition of private areas. A visual depiction can refer to either pictures or videos. Importantly, nudity alone does not meet the standard for sexually explicit conduct unless it is sexual or sexually suggestive in nature. The context and nature of the images can play a critical role in how the material is classified, potentially offering a defense in a federal child pornography case.Under 18 U.S.C. §2252, it is illegal to produce, distribute, possess, or receive child pornography. Merely searching for or viewing such content, even without downloading or saving it, is a federal crime. Observing images or having them on an electronic device violates federal law regardless of intent to destroy or delete them. These images are considered illegal contraband, not protected under First Amendment rights. Federal jurisdiction often applies when the offense involves interstate or foreign commerce, including the use of the Internet or materials that have crossed state or international borders.Federal child pornography charges are among the most severely punished offenses under federal law. These cases often carry harsh penalties and require careful legal navigation. If you or a loved one are facing federal charges involving crimes against children in Oklahoma, it is essential to retain an experienced federal criminal defense attorney to protect your rights and provide a robust defense.Elements of the Crime
In order to be convicted of Child Pornography, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:1) There was communication;2) Threatening accusation of any crime or offense or any injury to the person or property or mother, father, husband, wife, or child of another,3) With intent to extort money or pecuniary advantage as to compel the person so threatened to do or refrain from doing an act against his/her will.Federal Child Pornography Punishment
The punishment range for federal child pornography convictions is substantial. Anyone convicted of knowingly possession child pornography can be sentenced up to 10 years in federal prison. Possession of child pornography depicting a minor under 12 years of age carries up to 20 years in federal prison. Distribution or receiving child pornography carries a harsher sentence than simple knowing possession of child pornography. The punishment range for receiving or distribution of child pornography is five years to 20 years in federal prison.The sentencing ranges indicated above do not take into consideration adjustments or criminal history categories, which may result in being subject to a higher advisory sentencing guideline range on child pornography charges. Additionally, you will be required to register as a sex offender, if you are convicted of any child pornography offense in federal court.We have covered distribution and possession of child pornography. But how is production of child pornography addressed under federal law?Sexual Exploitation of Children
The allegation of production of child pornography is covered by “sexual exploitation of children” as a separate federal crime. Sexual exploitation is defined at 18 U.S.C. §2251 and is defined as an attempt to induce, persuade, or entire a minor to engage in a sexual act for the purpose of creating a video, picture, or other image. As is the case with federal child pornography crimes, sexual exploitation of a minor means anyone under the age of 18 years of age.
It does not matter if the conduct occurred outside of the United States. In order to be prosecuted for sexual exploitation of a minor for conduct outside the country, he federal prosecutors must show that you intended to send or make the content available to persons within the United States.
