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Komie and Associates

Illinois Federal Child Pornography Lawyers

Chicago, IL federal child pornography charges defense lawyer

Knowledgeable Federal Child Pornography Attorney Representing Clients in Illinois and Throughout the U.S.

Every state in the country has harsh laws against child pornography, but when these materials are distributed across state lines (including through the Internet, mail, or physical transport), the prosecution of the crime falls under the jurisdiction of the federal government. Child pornography is a sex crime defined as "any visual depiction of sexually explicit conduct involving a minor." Child pornography can be in the form of photographs, videos, digital images, undeveloped film, or computer-generated images that are not distinguishable from an actual minor. Child pornography charges can result from possession, distribution, or sharing of images or videos. Materials classified as child pornography are never protected under First Amendment rights.

If you are being investigated or have already been charged with federal child pornography offenses, contact Komie and Associates immediately. The high rate of conviction in these cases, lengthy prison sentences, sex offender registry requirements, and other detrimental impacts that these charges can have on your life require the advocacy of an experienced Chicago federal child pornography charges lawyer.

What Are the Penalties for a Federal Child Pornography Conviction?

The penalties for a federal charge related to child pornography are severe, and even a first offense will likely result in prison time. Common child pornography charges and their associated penalties include:

  • First offense possession of child pornography – No mandatory minimum, up to a maximum of 10 years in prison.
  • Second or subsequent possession of child pornography – Mandatory minimum of 10 years in prison, up to a maximum of 20 years.
  • First offense of mailing, receiving, transporting, or possession with intent to sell – Mandatory minimum of five years, up to a maximum of 20 years.
  • Second or subsequent offense of mailing, receiving, transporting, or possession with intent to sell – Mandatory minimum of 15 years, up to a maximum of 40 years.

According to federal crime statistics from the United States Sentencing Commission, 99.1 percent of people convicted on federal child pornography charges are sentenced to prison. Their average prison sentence is 105 months (8.5 years).

Almost 15 percent of people convicted of federal child pornography charges have prior child pornography or sexual abuse convictions, and they will face mandatory 15-year minimum sentences if convicted. The average sentence these offenders receive is 269 months (22.5 years). If you are being charged with federal child pornography crimes, many years of your future could be at stake.

Defenses Against Federal Child Pornography Charges

If you have been arrested on federal child pornography charges, you are likely feeling overwhelmed and defeated, and you may think that there is no way to beat these charges when you are up against the federal government. Fortunately, Komie and Associates has the experience, knowledge, and proficiency to defend clients facing federal crimes. We know that there are a number of potential defenses that can result in a dismissal of charges, reduction of charges, or a not guilty verdict. These defenses include:

  • Police Illegally Obtained Evidence Against You: Law enforcement officials need a warrant to search and seize your property. There are specific requirements police must meet to secure a warrant. If law enforcement gave false information or lied to get a warrant, any evidence obtained cannot be used against you. Warrants also have specific parameters, and if police search beyond those parameters, the evidence they obtain should be thrown out by the court.
  • The Charges Were a Result of Entrapment: Your attorney may be able to use the defense of entrapment to get the charges against you dismissed if there is evidence that law enforcement enticed you to commit a crime that you otherwise would not have committed.
  • The Material Does Not Belong to You: If other people had access to your computer, there may be evidence to show that child pornography was downloaded to the device by someone else and that you had no knowledge of it.

Contact Our Illinois Federal Child Pornography Attorneys for Legal Assistance

Komie and Associates has built a solid track record of success in both federal and state sex crime cases. We will thoroughly investigate the government's case against you, looking for any gaps in the evidence or potential avenues for defense. Do not risk your liberty, reputation, and future. Contact us at 312-263-2800 to schedule a confidential consultation with one of our federal child pornography lawyers and learn how we can help you protect your rights. We provide representation for clients in Chicago and throughout all of Illinois, and we can also assist with federal crimes in other parts of the U.S.

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