Federal Production & Manufacturing of Child Pornography
Serving Baltimore, Annapolis, Belair & Throughout Maryland
If you suspect that you are under investigation regarding child pornography distribution, manufacturing including possession, or if you have been charged, it is imperative that you contact my office as quickly as possible. Call (443) 709-9999.
- 18 U.S.C. Sec. 2260– Production of sexually explicit depictions of a minor for importation into the United States
Manufacturing & Distribution carries with it MANDATORY federal jail sentences from 5 years to 15 years for a FIRST OFFENSE. The federal sentencing guidelines for possession are strict but do not carry with it mandatory jail time.
The manufacturing and production of child pornography are very serious crimes. The steps an individual takes after charges have been made against them are crucial. At the Law Offices of James E. Crawford, Jr. & Associates, our skilled Baltimore sex crimes attorney have the knowledge and experience to make sure their client’s voices are heard. Child pornography is considered a federal offense, with severe consequences that include time in jail, sex registration, and lifetime probation. Additionally, it can affect other aspects of a person’s life including employment prospects, relationships, and more.
It Only Takes One Image
It is important to note that in the federal system even one image could land you in serious trouble and put you in a situation where you could go to jail. The Federal sentencing guidelines increase exponentially regarding the number of images and/or video. In fact, video count as multiple images in the totality of the possessory count.
Technically, any image of a child under 18 years of age depicting nakedness and a propensity for sexual acts in the depiction itself, is illegal. The images themselves did not necessarily need to depict a child engaging in any sexual activity, be completely new in order to qualify as child pornography. Reflecting the federal criminal statute it is illegal in the United States to produce, buy, or distribute child pornography.
The child exploitation and obscenity section ( CEO) in the Department of Justice is a unit that is completely dedicated to eradicating Child sexual images from the Internet in the United States. The Highly Technology Investigative Unit (HTIU), is a unit within the Department of Justice that assists that department in prosecuting individuals under suspicion of possessing, manufacturing, distributing or receiving child pornography. These units also worked with various state entities to help prosecute state crimes in some situations. In many situations, the state’s attorneys will refer the state case to the Department of Justice for federal prosecution. Over the last decade, the technical guidelines as far as why cases are sent to the feds for prosecution have eroded. As with many crimes, the reasoning has shifted and changed and there is really no specific list or guidelines that cause the federal government to prosecute in a case that was originally on the state level, except that the department Justice may believe it is a worthwhile endeavor. In the past, it was clear that many child porn cases would not be sent to the feds because they did not include any type of federal issues. Now, many state prosecutors use the Department of Justice as a tool to obtain a specific sentence they wish to see occur in state court by threatening to send it to the federal level if the defendant does not accept a guilty plea. Unfortunately, many US Attorney’s assist the state prosecutors in this endeavor. My office has found ways to fight and navigate those situations but clearly, there is a strong push in the State of Maryland and across the country to aggressively attack and prosecute all matters regarding child pornography.
Defendants found guilty on the federal level of producing or manufacturing images or video of Child sexual pornography are subject to severe statutory penalties. Under 18 U.S.C. section 2251, individuals convicted of producing or manufacturing Child sexual pornography face tremendous fines and a minimum of 15 years in federal prison for the first time offense. The One a first-time offender in a situation is 30 years in federal prison. Individuals who may be convicted of transporting pornographic images involving a minor can possibly serve between 5 and 20 years in prison. Obviously, any aggravating circumstances can elevate and add additional penalties are jail time to the senses. Any defendant who was previously charged and convicted of child pornography on a state or federal level will be subjected to enhanced penalties and additional potential jail time. If the United States Government or the court believes that the images involved any type of violent, sadistic, or masochistic images than there is no doubt that the Department of Justice will be asking the court for additional penalties.
Call us at (443) 709-9999 to discuss your case!