The Law offices of Arnold & Smith - John Price Carr House
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Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

Federal Pornography Charges Lawyers

A North Carolina man recently faced charges from federal law enforcement officials for making pornography and sex trafficking. Federal prosecutors also recently revealed that they will bring charges against another man who is an IT director for an architecture company in Charlotte. The defendants allegedly created a child pornography video of a young victim. The defendant has also been charged with producing and receiving child pornography in North Carolina and Minnesota.

Our Child Pornography Defense Lawyers can Fight for You

As is evidenced by this case, when federal prosecutors have a lead into alleged pornography charges, they throw significant time and resources into the prosecution of those charges. If you are facing federal pornography charges, you could be facing serious long-term consequences.

The lawyers at Arnold & Smith, PLLC can help you fight aggressively against child pornography charges. We understand how challenging it is to even be accused of child pornography and fight for your interests throughout the process. Contact our criminal defense law firm today to schedule your initial consultation.

Facing Federal Child Pornography Charges

The federal statute 18 U.S.C. § 2252 governs federal criminal charges. Federal child pornography charges are extremely serious and come with harsh legal punishments for those who are convicted. The following actions are illegal when related to child pornography:

  • Willful possession of pornography
  • Creation of pornography
  • Distribution of pornography
  • Transportation of pornography

This law also sets forth the severe penalties that come with the conviction of these crimes.

The Defendant Knowingly Transports, Receives, or Distributes Child Pornography

Knowingly transporting pornography happens when the defendant ships child pornography via interstate commerce. Knowingly transporting child pornography can also include transporting pornography via a computer on the internet or making a pornographic image across state lines. This crime also includes physically transporting child pornography from one state to another.

When a person transports, distributes or receives child pornography within the state of North Carolina, they will likely face state charges under North Carolina laws. However, when the action involving child pornography crosses state lines, federal prosecutors will step in and bring steeper federal charges.

Sale of Child Pornography

The federal child pornography law also criminalizes the possession of child pornography. When the defendant engages in the criminal act on federal property, or in another way that allows federal jurisdiction, federal prosecutors will become involved. Federal jurisdiction includes U.S. Government buildings, national parks, federally owned land, and U.S. military bases both in the U.S. and outside of the U.S. Keep in mind that transporting visual images of minors as pornography constitutes interstate commerce and triggers federal jurisdiction.

Legal Penalties for Child Pornography Charges

When it comes to federal child pornography charges, the defendant will face penalties between 5 and 20 years in federal prison. Should the defendant have subsequent convictions, the penalties will increase. When the child involved is under the age of 12 years old, the defendant could receive a prison sentence of up to 20 years for the first offense.

Additional Federal Child Pornography Charges
  • 18 U.S.C. § 1460 - Possession with intent to sell obscene matter on Federal property
  • 18 U.S.C. § 1461 - Mailing obscene or crime inciting matter
  • 18 U.S.C. § 1462 - Importation or transportation of obscene matters
  • 18 U.S.C. § 1463 - Mailing indecent matter on wrappers or envelopes
  • 18 U.S.C. § 1464 - Broadcasting obscene language
  • 18 U.S.C. § 1465 - Transportation of obscene matters for sale or distribution
  • 18 U.S.C. § 1466 - Engaging in the business of selling or transferring obscene matter
  • 18 U.S.C. § 1466A - Obscene visual representations of the sexual abuse of children
  • 18 U.S.C. § 1467- Criminal forfeiture
  • 18 U.S.C. § 1468 - Distributing obscene material by cable or subscription television
  • 18 U.S.C. § 1470 - Transfer of obscene material to minors
  • 18 U.S.C. § 2241 - Aggravated sexual abuse
  • 18 U.S.C. § 2242 - Sexual abuse
  • 18 U.S.C. § 2243 - Sexual abuse of a minor or ward
  • 18 U.S.C. § 2244 - Abusive sexual contact
  • 18 U.S.C. § 2251 - Sexual exploitation of children
  • 18 U.S.C. § 2251A - Selling and buying of children
  • 18 U.S.C. § 2252 - Certain activities involving sexual exploitation of minors
  • 18 U.S.C. § 2252A - Certain activities relating to material containing child pornography
  • 18 U.S.C. § 2252C - Misleading words or digital images on the Internet
  • 18 U.S.C. § 2260 - Production of sexually explicit depictions of a minor to Import into United States
  • 18 U.S.C. § 2260A - Penalties for registered sex offenders
Our Criminal Defense Lawyers can Help

As you can see, child pornography charges are extremely serious. It is important to mount a successful defense when you are fighting a North Carolina criminal charge. After investigating the facts of your case, the lawyers at Arnold & Smith, PLLC can help you develop a strategy. Call our lawyers at Arnold & Smith, PLLC, at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.