Tallahassee Man Sentenced to 20 Years in Prison for Producing, Possessing Child Sex Abuse Materials
A 45-year-old Tallahassee man is facing 20 years in federal prison after he pleaded guilty to possessing and producing child sex abuse materials. The Tallahassee native was sentenced to 240 months behind bars after he pleaded guilty to six counts of “production of child pornography” and one count of “possession of child pornography” according to a press release from the Northern District of Florida branch of the U.S. Department of Justice.
After serving his 20-year sentence, the defendant will be required to register as a sex offender and live under supervised release for the rest of his life. He will also be required to make restitution to his victims. The court ordered the forfeiture of his electronic devices used in the commission of these crimes. He was ordered to pay a minimum of $15,000 in restitution to the identified victims of child sex abuse materials in his possession, according to the press release.
The defendant’s sentencing came after investigators uncovered that the defendant had obtained child sex abuse materials online. A press release by the DOJ also said that the defendant produced sexually explicit videos of children.
The case was prosecuted by federal authorities. The Leon County Sheriff’s Office, Homeland Security Investigations, and the Florida Department of Law Enforcement worked together on the investigation, according to the Department of Justice’s statement.
Federal child pornography laws
Both states and the federal government have rules restricting access to child sex abuse materials. Child pornography crimes are considered some of the most serious on the books and will likely result in harsh legal punishments if convicted.
The laws against child pornography can be found under 18 U.S.C. § 2252. The law defines child pornography as any visual imagery that depicts children under 18 years old in sexual situations for the purpose of sexual stimulation. This can include actual pictures of minors engaging in sexual activity or even nudity.
Under the law, it’s only considered child pornography if the person depicted in the images is indistinguishable from an actual child. In other words, if an ordinary person who is viewing the depiction would rationally conclude the depiction is of an actual minor, then it constitutes child pornography. The depiction must be an actual child. The statute does not include visual depictions that are drawings, cartoons, paintings, sculptures, or computer-generated images.
Virtual child pornography was held protected by the First Amendment in Ashcroft v. Free Speech Coalition. All federal statutes now include a provision that specifies an actual depiction of a real minor. If the person was a minor when the images were created, then that constitutes child pornography. It constitutes child pornography even if a minor’s image was used to create or modify the images.
Talk to a Tallahassee Federal Criminal Defense Lawyer Today
Luke Newman, P.A. represents the interests of those facing federal charges in Tallahassee, FL. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
wctv.tv/2024/11/06/tallahassee-man-sentenced-20-years-prison-producing-owning-child-sexual-abuse-materials/
