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The term child pornography references any type of media that depicts a person under the age of 18 engaging in sexual acts. Digital images and photographs are two of the most common types of media seized in child pornography cases, but individuals can also face charges if they are in possession of videos, drawings, or sculptures depicting these images.

The federal government takes child pornography charges very seriously and anyone facing these allegations faces decades behind bars. For this reason, if you are currently being investigated for or were charged with possession of child pornography, you should speak with a Birmingham child pornography lawyer at once. Call an experienced sex crimes attorney to get started on your defense.

Unintentionally Possessing Child Pornography

As mentioned above, child pornography charges are extremely serious. However, everyone in possession of child pornography may not have meant to possess these images. Often this happens since the internet allows individuals to trade files using various mediums and programs and it is not always possible to know what is stored in these files.

It is also not illegal to possess pornography that depicts willing adults engaged in sex acts. There are times when accused individuals were told the actors in the films or photographs were of legal age when they were not.

Finally, it is also possible for people to plant illegal files on the computer or smartphone of someone else in hopes of getting them in trouble with the law. Due to the nature of modern technology, anyone facing these allegations should consult a Birmingham child pornography lawyer once they find out they are under investigation.

Categories of Charges in Birmingham

The federal government typically places child pornography charges into one of three distinct categories: possession, distribution, and receipt. Distribution is usually considered to be the most severe type of charge with the most stringent penalties but any of the previously mentioned charges can result in years in prison.

State vs. Federal Child Pornography Charges and Sentences

States are generally responsible for handling child pornography cases, but if they believe the person distributed, sold, produced, or viewed illegal pornography in multiple states, the federal government may handle the case. The federal government often sentences individuals using the following sentencing guidelines:

  • First-time offenders facing charges of transporting or possessing child pornography may face five to 20 years in prison
  • Producing child pornography may carry a minimum of 15 to 30 years in prison
  • Life sentences may be given to individuals with prior offenses

The sentences listed above are detailed in Section 2252 of the United States Code.

Discussing a Case with a Birmingham Child Pornography Attorney

It is possible to get your life back on track after being accused of a child pornography crime. However, you may need the help of a seasoned attorney with an established record of winning child pornography cases.

Child pornography is a one of the most aggressively prosecuted federal offenses, and you will need someone on your side who understands these specific laws. Discuss your case with a Birmingham child pornography lawyer if you are ready to take action. You also will learn about the Registry for Violations of Alabama Sex Laws.

Birmingham Sex Crimes Lawyer