Activities Relating to Material Constituting Child Pornography

Certain acts that adults can lawfully engage in are illegal when they involve minors. For example, multiple federal laws criminalize activities relating to material constituting child pornography. Possessing or distributing child pornography is one of the most shocking crimes a person can be charged with, and it is essential that anyone faced with such charges contact an attorney to evaluate their potential defenses. The diligent Tampa child pornography defense lawyers of Hanlon Law have what it takes to obtain a successful outcome in a child pornography case, and if we represent you, we will advocate aggressively on your behalf. We routinely represent people charged with federal child pornography offenses and other crimes in Tampa and cities throughout Florida.

18 U.S. C. 2252A is a broad statute that enumerates numerous unlawful activities relating to material constituting child pornography. Namely, section 2252A provides that it is unlawful to send, receive, or possess child pornography. As such, a person who knowingly distributes, mails, receives, or ships child pornography or any item that includes child pornography via interstate or foreign commerce may be charged with a federal offense. Section 2252A also dictates that it is unlawful to replicate child pornography with the intent to distribute it through international or interstate commerce or through the mail or to solicit, promote, advertise, or distribute material that shows or aims to convince someone that it shows a minor participating in sexually explicit activity.

Further, section 2252A sets forth that it is unlawful for a person to knowingly receive, possess with the intent to sell, or sell child pornography on United States land, or child pornography that was conveyed via the internet, mail, or other instruments of interstate commerce. It is important to note that not only is it illegal to accept child pornography under 2252A but also to deliberately access or possess any video, book, film, computer disk, magazine, or any other item that contains an image of child pornography on government property or in a United States territory. This includes materials sent from other countries or states that show child pornography. It is unlawful to knowingly produce child pornography for the purpose of distributing it via interstate commerce or the mail as well.

Finally, pursuant to section 2252A, it is illegal to knowingly offer, distribute, or send to a minor a visual representation of a minor participating in sexually explicit conduct or materials that were altered to appear to show a minor participating in such conduct, using interstate commerce or mail.

The exact defenses available to a criminal defendant will vary depending on their unique factual scenario, but some arise more commonly than others. For example, a person charged with possession of child pornography in violation of 2252A can offer the affirmative defense that they possessed less than three images of child pornography that they either reported to the authorities or immediately destroyed. Further, as many subjections of 2252A include an element of intent, a defendant may be able to argue that they held a reasonable belief that the allegedly unlawful materials showed adults. In some cases, a defendant may be able to defeat section 2252A by arguing entrapment, which essentially means that a federal law enforcement agent coerced them into committing the crime in question. Lastly, if the government’s case rests on items that were transmitted through the internet, the defendant may be able to assert that the evidence is unreliable, as other parties had access to the same IP address as the defendant.

The federal government uses immense resources to investigate crimes and prosecute sex crimes against children, but that does not mean that charges of activities relating to material constituting child pornography are indefensible. If you are charged with a federal child pornography crime, it is in your best interest to speak to an attorney as soon as possible. The trusted Tampa criminal defense attorneys of Hanlon Law can formulate an aggressive defense on your behalf to aid you in your pursuit of a good outcome. We have an office in Tampa, and we also have offices in Clearwater, St. Petersburg, Sarasota, and Bradenton, and we regularly defend people charged with sex crimes in cities throughout Florida. You can contact us by calling us at 813.228.7095 or by using our online form to set up a confidential and free consultation.