In the United States, child pornography is visually depicting a minor who is under the age of 18 engaging in sexual activity. This is not just videotaping, this law includes photographs or any depiction of a child's genitalia. Under 18 U.S.C. Chapter 110 child pornography is prohibited and this crime holds harsh penalties in Tennessee. Many different agencies can prosecute child pornography including:
- Federal Bureau of Investigation (FBI)
- Department of Justice
- U.S. Postal Inspection Service
- U.S. Customs
- U.S. Attorney General
- State Attorney General
- State and Local Law Enforcement
- Local Prosecutors
If you have been arrested for a child pornography crime contact a Memphis criminal attorney as soon as possible. There is a different penalty for consuming child pornography than there is for distributing child pornography. Consumption of child pornography was punishable by a maximum prison sentence of five years. Distribution of the pornography, on the other hand, was punishable by a maximum prison sentence of 35 years. In recent years; however, the penalties have increased in severity. The change is showed in the mean prison sentence of offenders. For example, in 1997 child pornographers had a mean prison sentence of 20.59 months and in 2010 the mean was 118 months. This substantial change represents Congress' increased statutory penalties for this crime.
Possessing, distributing, transporting or receiving child pornography can now be largely fined and punished by up to 35 years in federal prison. If the defendant has a previous felony conviction for any sex offense the penalties can increase substantially. There is a minimum sentence of 15 years and maximum of 40 years for a child pornography offense in situations like this.
Do you need a lawyer for your criminal case in Memphis, TN? There is a lot at stake when facing child pornography charges in Tennessee which is why it is imperative to have knowledgeable representation on your side. Contact The Claiborne Ferguson Law Firm, P.A. to team up with a Memphis criminal defense attorney today!