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Federal & State Law
- Federal Penalties for Child Porn Use and/or Distribution

The three below sample cases provide information on federal penalties for possession and/or distribution of child pornography. This page is not a substitute for expert legal advice – but it’s based on federal law and federal sentencing guidelines.

Case A

Description of Case: The violator has no previous criminal convictions. He downloaded child porn images onto his computer, but did not upload child porn images or otherwise distribute child porn images to others. The images were only those of teens (children past puberty and under the age of 17) and totaled around 100 in number. There were no sadomasochistic images, and there was no evidence of actual sexual contact with minors. He accepts responsibility for his actions and demonstrates remorse for them.

Federal Sentencing Guidelines: level 16 = 21-27 months imprisonment

Case B

Description of Case: The violator has no previous criminal convictions. He downloaded child porn images onto his computer and also uploaded child porn images to others. The images were only those of teens (children past puberty) and totaled around 100 in number. There were no sadomasochistic images, and there is no evidence of actual sexual contact with minors. He accepts responsibility for his actions and demonstrates remorse for them.

Federal Sentencing Guidelines: level 21 = 37-46 months imprisonment

Case C

Description of Case: The violator has no previous criminal convictions. He downloaded child porn images onto his computer and also uploaded illegal child porn images to others. The images included prepubescent children and totaled around 100 in number. There were no sadomasochistic images, and there is no evidence of actual sexual contact with minors. He accepts responsibility for his actions and demonstrates remorse for them.

Federal Sentencing Guidelines: level 23 = 46-57 months imprisonment

If violators possess images depicting sadomasochistic acts, have a record of child abuse or previous convictions, or have sold or produced child porn, the penalties are even more severe.

In every scenario listed above, an actual prison sentence is required. There is no allowed “probation” in lieu of prison at these offense levels. Furthermore, the time actually served is close to that sentenced. Only 54 days per year is allowed off for “good time.”

Hopefully, you are impressed that penalties for child porn possession and distribution are severe. They are meant to be. If you are involved in child porn, STOP NOW. It’s not worth it. Besides, children, especially young children, are not meant to have sex. And adults were not meant to have sex with children or images of children. God has much better and healthier things in store for you – if you are open to receiving them. To get help, please click above on Getting Help or here.

 


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