Tallahassee Man Arrested for Production and Possession of Child Sex Abuse Material
The Department of Homeland Security and the Leon County Sheriff’s office are looking for potential victims found in child sex abuse material possessed by a Tallahassee man. The suspect has been charged with 10 counts of production and possession of child sex abuse material. The defendant, a 44-year-old man, was arrested on December 5th, 2023 as part of an ongoing criminal joint investigation conducted by HSI and Leon County Sheriff’s Office. The U.S. Marshals also assisted in the investigation.
Federal child pornography charges
Rules against the production and possession of child pornography can be found in 18 U.S.C. § 2252. Federal law makes it a criminal act to produce or possess child pornography in any form. The laws on the books are among the strictest and have some of the lengthiest sentences for non-murder cases.
In basic terms, child pornography is: any visual imagery that depicts children under 18 years of age in sexual situations for the purpose of sexual stimulation. This includes images of minors displayed in sexual situations or graphic nudity. It can include images, pictures, videos, print media, or digital media. It is only considered child pornography when the person depicted in the images is an actual child. This means that an ordinary individual who is viewing the images would identify the person in the pictures as a child (18 U.S.C. § 2256). The law excludes visual depictions that are drawings, cartoons, paintings, sculptures, or computer-generated images. Under 18 U.S.C. § 2252 there must be a living human victim. Virtual child pornography was held to be protected under the First Amendment in the case of Ashcroft v. The Free Speech Coalition. Today, all federal statutes include a provision that the images must depict an actual minor child.
Federal child pornography laws
Federal law criminalizes the willful possession, creation, distribution, or transportation of child pornography. This can include transferring images by computer using peer-to-peer networks which is among the most popular ways to disseminate child pornography at the present time. It can also include mailing or even possessing child pornography while traveling from one state to another. It is important to note that intrastate dissemination of child pornography may not trigger federal prohibitions and would thus be prosecuted by the state courts.
18 U.S.C. § 2252 also covers anyone who knowingly receives or distributes child pornography by any interstate method. Federal authorities often scour peer-to-peer groups online to find those distributing child pornography.
Penalties for federal child pornography laws
Anyone who violates federal child pornography laws can face a sentence between 5 and 20 years. In cases where the defendant has a previous conviction for child pornography, they can face a sentence of up to 40 years.
Talk to a Federal Child Pornography Lawyer Today
The Tallahassee criminal lawyers at Luke Newman, P.A. represent the interests of those charged under 18 U.S.C. § 2252. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
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