What Constitutes the Crime of Receiving, Distributing or Possessing Child Pornography?



The Federal child pornography laws are relatively new and very few criminal defense lawyers have any experience dealing with them. Federal child pornography investigations usually focus on individuals who are utilizing software that allows them to file-share. There are numerous child pornography websites out there, which unfortunately make money by depicting minors in the nude or engaged in sexual activity. Since these operations are usually based in unknown locations in foreign countries the perpetrators are not usually caught. This is why federal agents are focusing on those who possess child pornography.

Now, here is the catch. Most individuals don’t realize that by possessing child pornography they are also engaged in receiving and distributing it through these various file-sharing programs. The penalties for this can be much more severe. A fifteen (15) year minimum mandatory prison sentence applies for distribution of child pornography in Federal Court. Most individuals who are targeted in these investigations would never imagine that they are distributing child pornography because they are not making any money. If you become the target of an investigation or if your computer is seized it is important that you contact an experienced criminal defense attorney who specifically has experience in this area of defense before you speak to agents about any alleged criminal activity.

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Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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