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Allegations of possessing, distributing, or producing sexually explicit material involving minors is an extremely serious matter, as these offenses are punishable by lengthy prison sentences and can be very damaging to your reputation.
Under most circumstances, child pornography offenses are prosecuted at the federal level rather than the state level. As a result, you will likely need help from an experienced federal criminal defense attorney if you are charged with a crime relating to child pornography. Working with an experienced Omaha federal child pornography lawyer at Berry Law could be crucial to asserting your innocence and protecting your freedom.
When Does the Federal Government Have Jurisdiction?
Federal law supersedes state law when a crime takes place across state lines. In the context of child pornography, any material that is sent from one state to another via the mail or the Internet is under federal jurisdiction.
However, if you are accused of possessing child pornography solely within the state of Nebraska, you may be prosecuted at the state level under Nebraska Revised Statutes §28-813.01. This section of state law makes it a Class IIA felony for an adult to knowingly possess any visual media that depicts a child participating in or observing sexual conduct.
Depending on the circumstances, it may be possible for a defendant in Omaha to face both federal and state charges for an alleged child pornography crime. A skilled attorney at Berry Law can help you prepare a defense for either situation.
Federal Child Pornography Crimes and Consequences
Federal law does not require child pornography to involve sexual activity for it to be considered “sexually explicit.” Any photograph, video, digital images, or generated/modified imagery that depicts a person under 18 engaging in sexually suggestive and explicit behavior may be considered child pornography.
Under 18 United States Code §2252(a)(4), knowingly possessing any child pornography can result in 10 years of federal imprisonment for a first offense, or a maximum of 20 years for a conviction of this or a similar offense involving sexual abuse under state or federal law. A person cannot be prosecuted for possessing child pornography if they possess less than three copies of any visual depiction and immediately report the material to law enforcement in good faith.
This statute also imposes a minimum of 5 years in prison and a maximum of 20 years for a first-time conviction of transporting, selling, or possessing child pornography with the intent to distribute. Anyone with a prior record of sexual abuse and/or child pornography-related offenses may be imprisoned for no less than 15 years and no more than 40 years.
Finally, anyone convicted of producing or facilitating the production of child pornography under 18 U.S.C. §2251 may be imprisoned for 15 to 30 years. Subsequent offenses are punishable by a prison sentence of 25 to 50 years, and any such conduct that results in someone’s death may result in 35 years to life in prison or the death penalty. A knowledgeable Omaha attorney can help you plan a legal defense for federal child pornography charges.
Speak with an Omaha Federal Child Pornography Attorney Today
Even a first-time conviction for possessing sexually explicit material depicting a child under 18 can lead to a lengthy jail sentence if prosecuted at the federal level. If you want to preserve your freedom, you should act quickly to secure legal representation if you have been charged with any offense relating to child pornography.
A knowledgeable Omaha federal child pornography lawyer at Berry Law can explain your legal options and help you protect your rights. Call today to set up a confidential consultation.
