Defending The Child Pornography Case

Defending The Child Pornography Case

Law Publications and Articles by New York Lawyers

By Anthony J. Colleluori
Law Offices of Anthony J. Colleluori & Associates PLLC
Melville NY 11747

Child Pornography is defined by 18 USC 2256 as "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—

• (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
• (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
• (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct."

The Internet has moved the child pornography business into homes and offices throughout the nation. Prosecutions are up in this area and the US Justice Department, with the support and urging of a number of otherwise disparate political groups, is spearheading this effort. Hence the Federal Prosecution of Child Pornography is a new cottage industry in criminal law.

The Federal Sentencing Guidelines in most cases can cause the possessor of such material to actually serve more time in prison than the person who actually commits acts of violent against, or has sex with children. Sentences of 20 years or more are regularly administered throughout the nation and a five year sentence is the mandatory minimum in Federal Court. Further, certain opportunities to reduce prison terms are unavailable to the "Child Porn" possessing defendant due to the very nature of both the crime and the Internet. Unlike most crimes, here the possessor never meets, nor can he actually identify his potential co-defendants. Recently a local prosecutor wrote to the court that with the exception of one case in seven years of leading Child Porn prosecutions in his district, he had never seen a defendant in one of these cases actually provide a lead that led to the prosecution of another individual. In other words a 5k.1 letter (a letter from a prosecutor advising the court of substantial cooperation of the defendant warranting a reduction of sentence below guideline and even mandatory minimum sentences) is usually not seen in these cases.

Finally the crime is sure to land the defendant on the "Sex Registry" listing which could, under certain circumstances, serve to cause the defendant to be placed into a locked down sex offender therapy unit after his sentence is completed. There is no required release from such a unit. ....

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Defending The Child Pornography Case