Are Federal Charges Possible for Child Pornography Offenses in Addition to State Charges?

Many people are interested in child pornography. These images show minors in nude or sexually explicit positions. While pornography featuring adults (those over the age of 18) is legal, child porn is not.

If a person is caught viewing, producing, or distributing child porn images, they can face child porn charges. Many of these charges are at the state level. The penalties at the state level are harsh enough. There are also a lot of charges at the federal level.

When do federal charges apply for child porn crimes? Federal jurisdiction may apply to a child pornography case when the alleged offense involves interstate or international commerce. For example, transporting illegal material across state or national borders using the mail system or commercial carriers can bring the case under federal law.

Federal authorities may also have jurisdiction when the internet is used to create, distribute, receive, or access child pornography, since online communications typically travel through interstate networks. Even if the image itself did not physically cross state or international borders, federal law can still apply if the equipment involved, such as the computer used to download the file or the storage device used to save it, was manufactured outside the state or previously moved through interstate or foreign commerce.

As you can see, it does not take much for a child porn offense to be charged as a state and federal offense.

State vs. Federal Child Porn Offenses

State law applies when the crime is confined within state borders. For example, if you print child porn images off the internet and give them to your friends who live near you, you would likely not face federal charges.

Common federal offenses include possession, receipt, distribution, and production of illegal images that cross state lines. While both systems impose serious consequences, federal charges typically carry much harsher penalties and mandatory minimum sentences.

Typical federal penalties include:

• Possession: Up to 10 years in federal prison for a first offense.
• Receipt or distribution: 5 to 20 years in prison
• Production: 15 to 30 years in prison

Those convicted of federal child pornography offenses may also face:

• Hefty fines.
• Long periods of supervised release after prison.
• Mandatory registration as a sex offender.
• Restrictions on internet use and contact with minors.

Most states criminalize similar conduct involving the possession, distribution, or production of child pornography. State penalties may include:

• Prison sentences or jail time.
• Fines and court costs.
• Probation or parole.
• Mandatory counseling or treatment programs.
• Sex offender registration.

Contact Us Today

Child pornography crimes are taken seriously. A person can face state as well as federal charges depending on the circumstances.

Child porn charges can lead to decades in prison, fines, and other penalties. Protect yourself with help from a South Jersey child pornography lawyer from The Law Offices of Christopher St. John. We handle these sensitive matters with professionalism. Schedule a consultation today. Contact us via (856) 716-5427 or online here.