Federal Receipt of Child Pornography Defense Lawyer
Serving Baltimore, Annapolis, Belair & Throughout Maryland
If you have any reason to believe that you are under investigation regarding child pornography receipt, distribution, manufacturing including possession, or if you have been charged, don’t hesitate to contact my office as quickly as possible. Call (443) 709-9999. Often hours or days count!
At the Law Offices of James E. Crawford, Jr. & Associates, we are extremely experienced in handling federal and state child pornography crimes including receipt, possession, distribution, and manufacturing issues. The steps you take immediately and throughout any potential prosecution will have a major consequential impact on the rest of your life as well as significant others in your life. A child pornography conviction on a federal level is a devastating event. The consequences include potential jail time, lifetime probation and sex registration. This conviction could undoubtedly cause you to lose your job, distance family members, prohibit you from working in the future, prohibit you from obtaining certain housing and cause lifelong disillusionment and embarrassment to yourself everyone around you.
- 18 U.S.C. Sec. 2252– Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution, and receipt of child pornography)
- Mandatory 15 years in federal prison
Receipt & Possession of Federal Child Pornography
Upon first glance an inspection you may ask what is the difference between receipt and simple possession. After all, can you receive something and now possess it at the same time?
Possession is something that the government can prove you had control and dominion over either temporarily or permanently. Control is defined in many different aspects but is truly looked upon the same as dominion over any other physical object. Constructive possession is deemed actual possession in most circumstances.
18 U.S.C. section 2252 and section 2256, prohibit any visual depiction, including any photograph, film, video, picture or computer or computer-generated image of anyone under 18 years of age engaged in sexually explicit conduct. The image could be an actual photograph of a person under 18, a digital or computer-generated image that is somewhat indistinguishable from an actual minor, or some sort of visual depiction that has been modified and is recognizable by faced or distinguishing features indicating that they were a minor at the time it was modified. Sexually explicit conduct is a parachute covering a variety of simulated or actual sex acts, including sexual intercourse, sadistic or masochistic abuse, an exhibition of the genitals or pubic areas, bestiality.
One of the most common issues raised in the defense of federal child pornography receipt is whether or not the government has charged the individual with simple possession as well. The federal courts have well determined that a conviction of federal receipt and federal possession of child pornography most likely will constitute double jeopardy under the Blockburger test determining double jeopardy standards. After all, can an individual possess child pornography without receiving it? The Supreme Court said no and has determined that a conviction of both is in fact double jeopardy.
If you are charged with child pornography possession, distribution, manufacturing or receipt call my office immediately at (443) 709-9999. It is imperative that we take certain steps to protect your future and your freedom as soon as possible.