One of the greatest technological advances of the last quarter of the twentieth century was the personal computer (PC). Most individuals use a PC to connect to the internet. For many Americans, the internet is an everyday source of news and entertainment. Unfortunately, the internet has become the primary medium for the distribution of pornography, including child pornography.
Federal law prohibits the possession, manufacture or distribution of child pornography. The primary criminal statute in this area is 18 U.S.C. § 2252A, which requires a mandatory minimum sentence of 5 years and authorizes a maximum sentence of 20 years. In fact, if a defendant has a prior sex offense conviction (state, federal or tribal), the mandatory minimum sentence is 15 years and the maximum is 40 years.
Things for a Federal Criminal Defense Attorney to consider in this area are:
• Obscenity and the 1st Amendment of “Freedom of Speech”
• The nexus to interstate commerce
• The legal definition of child pornography
• Search and seizure and other technical issues
• Discovery provided by the U.S. Government
• Sentencing laws and guidelines
To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.
