Child Pornography

We live in a digital world. The ever-increasing capabilities of technology—cell phones, computers, the internet, social media, text messaging, and apps, such as Snapchat—have led to an explosion of criminal cases involving the possession and distribution of child sexual abuse materials or CSAM (formerly referred to as child pornography). 

There are three common scenarios in which these cases arise: 

1. The first is the defendant who is being investigated for some other matter. Frequently, the other investigation is related to crimes against children, such as allegations of child abuse; but occasionally the other investigation is for crimes completely unrelated to children. During the course of the investigation, the police will almost invariably obtain a search warrant for the target’s home that includes a provision to seize and search any electronic devices contained therein—such as cellphones, computers, tablets, sim cards, etc.—and, upon examination, investigators find CSAM on the devices. These cases can be highly defensible if the target does not have exclusive use and access to the devices, as is very often the case.  

2. The second is the defendant who has been swept up in a “sting operation” conducted by the police on the internet. Typically, the Detective will enter a chat room and pose as a person interested in sharing images and videos of children engaged in sex acts. The Detective will contact other individuals and offer to send and receive these materials. When the person agrees and sends the materials, the police determine the location of the computer through the IP address and subsequently apply for warrants, ultimately leading to an arrest. The defenses available in these cases are usually similar to those available in the first scenario, along with possible entrapment defenses. 

3. The third, and perhaps the most common scenario, occurs when the police are notified of the illegal activity through a cyber tip. The National Center for Missing & Exploited Children (NCMEC) CyberTipline is a designated reporting mechanism for the public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. All U.S. based ESPs are legally required to report instances of CSAM to the CyberTipline when they become aware of them. Typically, these cyber tips are forwarded to a regional law enforcement task force, comprised of both local and federal law enforcement officers. Upon receipt of the cyber tip, the detectives work to identify the source of the illegal activity. Again, the defenses available in these cases are similar to those available in the first two scenarios and, critically, hinge on the government’s ability to identify the perpetrator responsible for the activity.   

Most of these cases result in criminal charges, at least initially, in State Court where there are no mandatory minimum sentences for these offenses. However, in many of these cases, the Assistant State’s Attorney will contact the U.S. Attorney’s Office and secure an agreement to federally indict the defendant if he does not agree to the plea offer in State Court. 

This can put the defendant in an extremely difficult situation, even in defensible cases, as the penalties for these charges in Federal Court can be extreme. For example, in Federal Court, simple receipt of child pornography carries a minimum mandatory 5 years in prison; for distribution the penalty is 10 years and for manufacturing it is 15 years. As in all Federal Sentences, these sentences must be served without the possibility of parole. 

In other situations, it is the Federal Prosecutors who express an interest in taking the case into Federal Court. Preventing this from happening is a big part of representing someone who is charged in this type of case and this is something Silverman Thompson has been particularly successful at. 

Needless to say, cases alleging CSAM offenses are extremely serious. It is imperative for an individual who is charged or even being investigated for crimes associated with CSAM to immediately retain aggressive and experienced criminal attorneys.  

At Silverman Thompson, our Criminal Team of former State and Federal Prosecutors—including Senior Partner Andrew C. White, the former Division Chief of the Sex Offense Unit in the United States’ Attorney’s Office—have the experience and knowledge of how the system operates, how to avoid prosecution in Federal Court and how to ultimately get the best possible result for the person charged. 

Please contact us toll-free at 800-385-2243 for a free consultation.