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Production of Child Pornography for Import Into the United States
Sex-based offenses are some of the most serious criminal offenses that a person can face in today’s criminal justice system. Criminal offenses and the justice system’s focus on them will often ebb and flow with the times and with popular sentiment. 50 years ago, child pornography offenses were nearly non-existent because the internet did not exist in order to facilitate the mass transfer of child pornography materials. Today, possession of child pornography is one of the most serious sex-based offenses on the books. 50 years ago, sexual battery was not treated as seriously or as cautiously as today’s prosecutors handle it. Views on sex, on consent, and on evidence have changed significantly, and the seriousness of sex based offenses has risen along with that popular sentiment.
The rise of the prevalence of the internet has been one of the primary contributors to the spread of child pornography. There is no question that the internet has facilitated a huge amount of good. The entire encyclopedia of collected human knowledge is available at the tips of our fingers. We can communicate instantly with loved once on the other side of the world. And internet commerce has lifted many people out of poverty and into great wealth. But there are two sides to every story, and the internet certainly has a dark side. One aspect of that dark side is the spread of child pornography. If you or a loved one has been investigated for or charged with a child pornography offense, you should contact a dedicated Sarasota criminal lawyer right away.
Federal Production Of Child PornographyA unique and troubling aspect of child pornography offenses is the fact that charges can be brought by both Federal and State authorities. Differences exist in the procedures, the potential penalties, and the personalities involved. If federal charges are brought against you, you will be facing a significantly more competent prosecution, less access to discovery on your case, and stiffer penalties. Federal charges arise in situations where the facts of the crime cross state boundaries and the federal government asserts jurisdiction.
The Federal government also prohibits certain acts that are not cognizable under state law. For example, under United States Code chapter 18 section 2260, the production of child pornography for import into the United States is prohibited as a federal felony. Under the statute, any person from outside of the country who employs, persuades, or otherwise forces a minor to engage in the production of a visual depiction of sexually explicit conduct commits the offense of production of child pornography. If the government can prove that the producers intended to transmit the materials into the United States, the enhanced importation offense can be proven.
A person convicted of the offense of production of child pornography for import into the United States faces significant penalties. A conviction on a first offense carries a minimum mandatory sentence of 15 years of imprisonment and a maximum penalty of thirty years. If the defendant has any prior convictions for a sex offense or child pornography offense, then the minimum penalty is increased to 25 years and the maximum 50 years. With 2 or more convictions, the penalties again increase to 35 years to life. As one can see, the potential penalties are life altering. The seriousness of such charges demand that anyone charged should seek the counsel of a dedicated Sarasota criminal defense lawyer immediately.
Speak To Our Lawyers TodayThe attorneys at Hanlon Law have the best interests of their clients at heart. We will work tirelessly to obtain the most positive outcome possible for your charges. We treat every client with the care and compassion that they deserve. To learn more about how we might be able to help you or your loved one, call us today for a consultation at 941.462.1789.
