Federal Sex Crimes

If you or someone you love is under investigation for, or has been charged with, a federal sex crime, here is what you need to know first. Most federal sex crime cases involve child pornography: making it, sending or receiving it, or having it. Several of these charges carry mandatory minimum prison terms, meaning sentences the judge cannot go below. A conviction also brings years of supervision after prison and, for most people, sex offender registration.

Any child pornography charge is serious, but the stakes for your freedom and your future are even higher when the case is federal. The possible penalties are severe, and a conviction can affect your job and personal life for years. Knowing the basic federal laws and the possible penalties gives you a starting point for thinking about your defense.

Talk to a lawyer as early as you can, so you do not give up rights by mistake or hurt your ability to build a defense. Criminal Center represents people accused of federal child pornography crimes, and attorney Brandon Sample understands how hard this time is for clients and their families.

When is a sex crime charged in federal court?

Federal child pornography laws cover having (possession), getting (receipt), and sending or sharing (distribution) illegal images, and they carry serious penalties. States also have their own sex crime laws. Federal law applies when the material moves in or affects interstate or foreign commerce (trade or travel between states or with other countries).

Material sent, stored, or viewed over the internet, or on a phone or computer made in another state or country, usually meets that test. That is why federal child pornography laws reach so much conduct. The same conduct can also be charged under state law, so a person can face charges in both systems. This is one more reason to get a lawyer early.

What counts as child pornography?

Under 18 U.S.C. § 2256, child pornography is a visual image of a minor engaged in “sexually explicit conduct.” A “minor” is anyone under 18. That is true even in states where the age of consent is lower than 18. It is still a federal crime to make, have, send, or receive this kind of image of anyone under 18.

"Sexually explicit conduct" covers sex acts and also the "lascivious exhibition" of the genitals, pubic area, or anus. So an image can qualify even if the child is not shown doing a sex act. But a photo of a nude child is not automatically child pornography, and whether an image crosses the line is often a key question in a case. A lawyer can review the evidence with you to see whether the material meets the federal definition.

The law also covers computer-made images that are virtually indistinguishable from a real minor, and images altered to make an identifiable real child appear to be in sexual conduct.

Trying to commit these crimes (an attempt), or agreeing with others to commit them (a conspiracy), is also a federal crime. It is punished the same way as the completed crime.

What are the main federal child pornography charges?

• Production, 18 U.S.C. § 2251: using or enticing a minor to engage in sexually explicit conduct to make images or a live video. This is the law against sexual exploitation of children.
• Distribution, receipt, transport, and possession, 18 U.S.C. §§ 2252 and 2252A: sending, getting, sharing, or having child pornography.
• Production or distribution abroad meant for the U.S., 18 U.S.C. § 2260: making or handling the material outside the U.S. with intent to bring it into the country.

So the conduct does not have to start inside the U.S. to be a federal crime. Some travelers passing through the U.S., including on a layover, have been charged with federal child pornography crimes based on material on their devices.

Whatever law is charged, federal prosecutors treat these cases very seriously, and a conviction can mean a long prison term. If you are charged or under investigation, a lawyer can test the government’s evidence and build a detailed defense plan.

How much prison time do these charges carry?

The penalties for federal child pornography crimes are harsh. Fines can be added to any of the prison terms below.

Production, 18 U.S.C. § 2251(e):

• First offense: at least 15 years and up to 30 years.
• One prior qualifying conviction: at least 25 years and up to 50 years.
• Two or more prior qualifying convictions: at least 35 years and up to life.

Distribution, receipt, or transport, 18 U.S.C. §§ 2252(b)(1) and 2252A(b)(1):

• No prior qualifying conviction: at least 5 years and up to 20 years.
• With a prior qualifying conviction: at least 15 years and up to 40 years.

Possession, 18 U.S.C. §§ 2252(b)(2) and 2252A(b)(2):

• No prior qualifying conviction: up to 10 years, with no mandatory minimum.
• Any image of a prepubescent minor or a child under 12: up to 20 years.
• With a prior qualifying conviction: at least 10 years and up to 20 years.

A “prior qualifying conviction” includes many earlier federal, state, or military sex offenses. Repeat offenders face much harsher penalties, up to life in prison for production. Images showing violence or the sexual abuse of a child can also raise the sentence under the federal sentencing guidelines.

What happens after prison?

Under 18 U.S.C. § 3583(k), the judge must order at least 5 years of supervised release, and it can be for life. Supervised release is a period of supervision by a probation officer after prison, with rules you must follow.

Most people convicted of these crimes must also register as sex offenders under the Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. § 20901 and following sections. Under 34 U.S.C. § 20915, registration lasts 15 years, 25 years, or life, depending on the offense tier. Knowingly failing to register is a separate federal crime under 18 U.S.C. § 2250, with up to 10 years in prison.

Can sex offender registries be challenged in court?

What should you do if agents search your home?

Many of these cases start with a search warrant at your home. Do not talk to agents about the case or try to delete files or get rid of devices. Deleting files can lead to more charges. Talk to a lawyer first.

Attorney Brandon Sample is a criminal justice reform advocate who represents people accused of federal crimes, including sex offenses. The sooner you start preparing a defense, the more options you may have.

What should you do next?

Book a consultation to talk it through with Brandon Sample.

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