A search of a New Jersey home last year by federal agents discovered pornographic images of two children believed to be less than one year of age. Determined by forensic review to have been taken in 2015, the images revealed a naked man engaged in physical contact with the two child victims.
Last month this man was charged with two counts of child sexual exploitation for the pornographic material thought to have been self-produced.
In addition to these charges, the man was indicted along with seven other men on child pornography accusations, leaving open an investigation into whether there was any trafficking involved with these and any other pornographic materials.
According to the Citizen’s Guide to U.S. Federal Law on Child Pornography, any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties.
For this reason, if you become a suspect in a child pornography offense, any knowledgeable federal criminal defense attorney would advise you not to speak to or cooperate with law enforcement until you have legal representation present.
The young age of the victims in this case raises an important question: are federal laws regarding child pornography tougher when they involve the exploitation of children under five, especially when they are infants?
We’re going to explore how child pornography offenses are charged and prosecuted below.
Texas Is Tougher
At the federal level, there is no specific legal distinction in child pornography cases based on the age of the victim.
This issue, however, is not so straightforward in Texas. While the state does not have specific, enhanced penalties when babies are involved, the Texas Penal Code does differentiate between those victims younger than 14 years of age from those over the age of fourteen.
In Texas, each pornographic offense involving a victim younger than 14 years of age at the time the offense is committed carries a penalty that is harsher than one involving a victim over age 14.
Penalties for child pornography are essentially elevated by one degree – a second-degree offense is bumped to a first-degree, third to second, and so on– dependent upon that factors.
The Power Judges and Jurors Can Exert
Instead, discretion as to the degree of the offense and the penalty for it lies with the prosecutors at the outset and with the jury in the event of trial or the judge following a guilty plea, and as we’ve said before, there are no cases that vex judges more than those involving child sexual exploitation.
When a judge is imposing a sentence for a child pornography conviction, they are inclined to impose the maximum or close to it depending on their experiences dealing with the age of victims in these cases. The obvious helplessness of child victims, like disabled victims, arouse raw passions, especially in juries determining the sentence or a judge passing the sentence.
Certain Scenarios Equal Harsher Penalties
While age has no bearing on federal law, it does differentiate between first-time and repeat offenders, or whether the pornographic material was trafficked, or involved aggravated factors.
For instance, convicted offenders may face harsher penalties if any of the following aggravated factors were present:
- the images are violent, sadistic, or masochistic in nature,
- the minor was sexually abused, or
- the offender has prior convictions for child sexual exploitation.
In these circumstances, a convicted offender may face up to life imprisonment.
Remember, anything you say or do prior to an actual arrest can be used against you in a court of law. Federal investigators are highly trained in their ability to secure incriminating evidence, even compel a confession from suspects.
In cases of child pornography, it is standard practice for them to locate suspects, surprise them with a visit, and request an on-the-spot interview. Politely refuse to discuss until counsel is present. Your very life may be at stake.