Penalties for Having Child Pornography

Do not underestimate the seriousness of child pornography charges. Some crimes are a violation of state law and some are a violation of federal law. Possession of child pornography is a violation of state and federal laws, meaning that you can be tried and convicted of the same crime twice. Even worse, judges in both jurisdictions are reputed for issuing harsh punishments for those convicted of this crime.

Federal Penalties

If you are convicted in federal court of possession of child pornography you could face a sentence ranging from 5 to 15 years. This crime is subject to the United States Sentencing Guidelines, which is a system that attributes points to the number of images or items you allegedly possessed, enhancements that were made to them, and whether or not they were distributed. The more points that you have, the harsher your sentence can be.

If you have previous child pornography charges or charges related to the sexual abuse of a minor, the minimum sentence is 10 years and the maximum sentence increases to 20 years. Be aware that that convictions from state court are applicable.

Furthermore, civil charges may be brought against you by individuals who feel that they were harmed by your actions. This could result in you paying compensatory damages, punitive damages, and the costs of the lawsuit, such as court fees, attorney fees, and charges for expert witness testimony.

State Penalties 

The penalties for possession of child pornography in state court will depend upon the state that you are in and any aggravating factors that may apply that are outlined by the law there. Although in some places this crime is judged more harshly than others, it is a felony everywhere. In many states, this crime is subject to mandatory sentencing. This means that if you are convicted of child pornography anywhere in United States the chances are high that you will go to prison.

Remember that state charges can be filed against you instead of federal charges or in addition to them. If you are convicted in both jurisdictions, you should not expect the harsh sentencing in one to result in leniency in the the other.

Get Legal Representation

If charges were brought against you for possession of child pornography, your first action should have been to retain an experienced defense lawyer. If you have not done so, you need to act immediately. A successful outcome is very unlikely without a skill professional by your side.