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The Issue with Unfair Guidelines for Federal Child Pornography Cases


Federal law defines child pornography as any image, photograph, video or other visual rendering of sexually explicit conduct involving a minor. These types of images do not need to be developed, printed or clearly visible to another individual. Simply having such an image stored in your possession where it can, at some point, be displayed as a visual image of child pornography is a violation of federal law and is subject to prosecution in federal court. Federal law also prohibits the production, distribution, sale, solicitation or receipt of such images either in person, through the mail or via the internet. If you are under federal investigation for child pornography, you need legal representation now. Obtaining legal counsel from an aggressive and highly-skilled criminal defense attorney at our will greatly improve your chances of being able to avoid arrest and ultimately avoid conviction.

The issue with these descriptions and guidelines is that nowhere in the legal definition of "sexually explicit conduct" does it state that the minor in the image must be actually engaged in a sexually activity or be the victim of a sex crime. If a picture of a naked child is deemed to have connotations of a sexual nature, where it actually does or not, the individual in possession of that picture could be arrested and charged with child pornography. Any individual who accidently clicks on a wrong link in his or her browser and thus brings up child pornography images, could have those images stored on the computer's hard drive even after they have been deleted.

A state's legal age of consent plays no role in federal child pornography cases. Being in possession of a sexually explicit image of a minor under the age of 18 is a federal crime, period. The unfair guidelines surrounding federal child pornography cases make it very easy for an unsuspecting individual to be arrested and charged with possession of child pornography. A first-time offender in a federal child pornography case will face fines, between 5-30 years in prison, and a mandatory lifetime registration as a sex offender. Even accusations that you are in possession of child pornography could be enough to destroy your family, ruin your career and forever tarnish your reputation.

At Buckmaster & Ellzey, we are dedicated to seeing that our clients' rights are vigorously defended. We understand all that you have at stake and we are committed to being the steadfast advocates you need to protect your interests. Our founding attorney is a former Assistant State Attorney who has an in-depth knowledge and comprehensive understand on how criminal cases are presented at both the state and federal level. If you need legal representation in a federal child photography case, you want a Daytona beach criminal defense attorney and firm that you can trust to have your back and to provide you with a strong defense strategy that will help you obtain the most positive outcome. Call us now so that we can review your case and begin building your defense.

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