In most situations, an alleged sex crime committed in the city of Lincoln will be prosecuted at the state level in a county or district court. However, if someone crosses state lines while committing an offense or their alleged offense meets certain criteria in severity and scope, they may be prosecuted under federal law instead.
If you are facing federal sex crimes charges, retaining a skilled defense attorney may be crucial to obtaining a favorable outcome in your case. An experienced Lincoln federal sex crimes lawyer can help you understand the implications of your charges and tailor a defense strategy to your unique circumstances.
Sex Offenses that Fall under Federal Jurisdiction
Someone accused of a sex crime in Lincoln may face federal charges under several circumstances. Either some aspect of the crime must have taken place across state lines, or the offense is so severe that it supersedes any state statutes which criminalize it. For example, if someone is accused of possessing or distributing child pornography in digital form, they will likely be prosecuted in federal court, as the material is produced in one state and electronically sent to another.
In the example listed above, the accused party may face federal prosecution under 18 United States Code §2252 and should seek counsel from a Lincoln attorney who has experience defending individuals facing federal sex crime charges. If convicted, federal law allows up to 20 years of imprisonment for a first conviction and up to 40 years for subsequent offenses.
Furthermore, sexual abuse of a child between the ages of 12 and 16 would be prosecuted at the state level as first-degree sexual assault – a class II felony under Nebraska Revised Statutes §28-319. However, if alleged sexual abuse involves the use or threat of force, illicit drugs, or results in a child’s death, it may be prosecuted as a federal offense even if the alleged offense occurred in Lincoln.
Federal Sex Offender Registration Requirements
In addition to serving prison time and paying fines, a person convicted of a federal sex crime must register with the National Sex Offender Registration and Notification System. Established in 2006 by the federal Sex Offender Registration and Notification Act (SONRA), this system connects all state-level sex offender registries and allows for the tracking of sex offenders throughout the entire country.
Those convicted of federal sex crimes must provide identifying personal information when registering for this system, including data about their employment, school, and residential status. Furthermore, depending on the severity of their offense, they may have to remain registered for 15 years, 25 years, or the rest of their life.
Speak with a Lincoln Federal Sex Crimes Attorney Today
Compared to state-level offenses, a conviction for a federal sex crime can have especially harsh consequences. If you fail to secure quality legal representation, you may end up facing years in federal prison, steep fines, and mandatory registration as a sex offender, which persists long after you serve your sentence.
Working with a Lincoln federal sex crimes lawyer is often the most effective way to pursue a positive outcome when facing these kinds of charges. To set up a confidential consultation and discuss your legal options, call Berry Law today.