18 U.S.C. 2252A – Activities Related to Child Pornography

There are numerous federal laws that aim to protect children from sex crimes, including a law that criminalizes many actions related to the exchange or possession of child pornography. The possession of child pornography is a serious crime, and it is crucial for anyone accused of a crime that involves pornographic materials depicting children to consult an attorney to discuss the defenses that may be available. The Charlotte and Concord federal child pornography lawyers at the Olsinski Law Firm are well-versed in what it takes to obtain a successful result in a federal sex crime case, and we will tirelessly advocate in your favor.

Federal statute 18 U.S. Code section 2252A is very similar to another federal statute, 18 U.S. Code section 2252, which criminalizes specific activities related to materials involving the sexual exploitation of minors, but section 2252A arguably applies to a broader range of activities.

Essentially, section 2252A criminalizes sending, receiving, or possessing child pornography. Thus, anyone who knowingly mails, ships, distributes, or receives child pornography or any material that contains child pornography by using a computer or another facility of interstate or foreign commerce may be convicted of a crime. Similarly, it is illegal for anyone to reproduce child pornography for the purpose of distributing the pornography through the mail or by using interstate or foreign commerce, or to advertise, promote, distribute, or solicit any material that either depicts or is intended to induce someone to believe that it depicts a visual depiction of a minor engaging in sexually explicit activity. A federal child pornography attorney in Charlotte or Concord can further explain what this complicated statute covers.

It is also unlawful under section 2252A for anyone to knowingly sell, possess with the intent to sell, or receive child pornography in property owned by the U.S. government or a U.S. territory, or child pornography that was sent by using the mail, internet, or other vehicles of interstate commerce. Notably, it is not only illegal to receive child pornography under 2252A, but also to knowingly possess or access any book, video, film, computer disk, magazine, or any other material that contains an image of child pornography on government property or in a U.S. territory, or materials containing an image of child pornography that were sent from another country or state.

Under section 2252A, it is also unlawful to knowingly distribute, offer, or send to a minor any visual depiction of a minor engaging in sexually explicit conduct, or to send a minor visual materials that appear to be a minor engaging in sexually explicit conduct, using mail or interstate commerce. Finally, it is unlawful for a person to knowingly produce child pornography with the intent to distribute it or to distribute child pornography via a means of interstate commerce.

A defendant and a Charlotte or Concord federal child pornography attorney can defend against charges of possession of child pornography in violation of 2252A by demonstrating that the defendant possessed fewer than three images of child pornography, which were either immediately destroyed or reported to the authorities. Since many provisions of section 2252A require the prosecution to demonstrate intent, a defendant can try to demonstrate that he or she reasonably believed that the materials in question depicted adults. Depending on the facts of the case, a defendant may be able to defend against charges under 2252A by arguing entrapment, which means that he or she was induced into committing a crime by a law enforcement agent. Finally, in cases in which the prosecution’s case relies on materials that were sent or received over the internet, a defendant may be able to call into question the reliability of the prosecution’s evidence, since IP addresses can be accessed by other parties.

The federal government expends vast resources to investigate activities related to the disbursement of child pornography, but that does not mean that charges of certain activities relating to material constituting or containing child pornography are indefensible. The sex crime attorneys at the Olsinski Law Firm can assist you in mounting an aggressive defense to help you pursue a favorable result. We represent people charged with federal sex crimes in Mecklenburg and Cabarrus Counties, including in Charlotte, Concord, Huntersville, Mint Hill, Matthews, Cornelius, Davidson, Pineville, Harrisburg, Kannapolis, Midland, and Mount Pleasant. We can be contacted through our online form or at 704-405-2580 or at 704-918-4747 to set up a meeting regarding your charges with a federal child pornography lawyer in Charlotte or Concord.