Child Pornography Offenses in Lexington, SC
Laws on Possession, Distribution & Production of Child Pornography
Under federal laws, it is a crime to produce, distribute or possess child
pornography in the United States. 18 U.S.C. § 2256 defines child
pornography as any "visual depiction of sexually explicit conduct
involving a minor"—meaning anyone under the age of 18. This
area of the law is not exactly black and white, however, as the First
Amendment of the United States Constitution has placed certain protections
over materials that have been deemed valuable for scientific, artistic,
literary or political purposes. For this reason, it has been hard for
lawmakers to develop a concrete, and all-encompassing, definition of what
actually constitutes child pornography. Instead, the courts have been
left with the responsibility of making this distinction, as it has been
decided that "you'll know it when you see it."
18 U.S.C. § 2251 – Production of Child Pornography / Sexual
Exploitation of Children
- Under federal law, it is illegal to coerce, persuade or entice a minor
to participate in the production of child pornography. The subsequent
materials do not necessarily have to show a minor engaging in sexual acts
in order for it to be considered "legally obscene," however,
as simply depicting a naked child in a suggestive manner would be enough.
Additionally, conspiring or attempting to produce child pornography is
also a crime.
18 U.S.C. § 2252 – Possession, Distribution and Receipt of Child
- Under federal law, it is illegal to possess any materials that depict a
minor under sexual suggestive circumstances—including, but not limited
to, photographs, videos, computer generated images and electronically
stored data that can be converted into illicit images of child pornography.
This means that it is also a federal crime to knowingly distribute, receive
or attempt to receive any such materials in the United States.
Examining the Penalties for Crimes Related to Child Pornography
If you were to be convicted of possessing, distributing, transporting and/or
producing child pornography in the United States, you could face serious
legal consequences. For a first-time offense of producing child pornography,
the offender could be sentenced to prison for 15-30 years. For a first-time
offense of transporting child pornography, the offender could be sentenced
to 5-20 years in prison. For a first-time offense of possessing child
pornography, the offender could be sentenced to 10 years in prison.
If the individual has prior convictions and/or the offense was committed
under aggravated circumstances—which could mean that the material
was violent or sadistic in nature—they could be facing life in prison.
For this reason, it is recommended that you call a Lexington
criminal lawyer if you have been charged with a crime related to child pornography
in South Carolina. You could be prosecuted under both state and federal
law, so you will need the help of an attorney who can successfully defend
sex crime case.
Charged with a sex crime? Let our Lexington criminal attorney help!
Have you been accused of committing a crime related to the illicit possession,
manufacture, transport or distribution of child pornography? If so, it
is important that you act quickly to protect yourself against a conviction.
Not only could you be facing decades behind bars, but you may even be
forced to register as a sex offender for the rest of your life. For this
Law Office of James R. Snell, Jr., LLC encourages you to take action now by enlisting the help of a Lexington
criminal attorney from our firm.
Your initial consultation is free when you call our office at (888) 301-6004, so you should not hesitate
to get started today.