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Distribution of Child Porn

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In Albuquerque, New Mexico, like the rest of the United States, the government does not look lightly upon child pornography. Law enforcement agencies consider it a priority and are cracking down by levying hefty punishments for offenders. In fact, the length of federal sentencing for child pornography cases has increased by 500 percent over the past 15 years. One of the more serious offenses related to child pornography is distribution. If you have been accused of distribution of child porn, or expect you may be in the future, contact a defense attorney today.

What is Child Pornography?

Child pornography is deemed to be any visual depiction involving a minor engaging in sexually explicit conduct. Visual depictions include digital pictures, computer-generated images, video, film, photographs, and more. Under the code of the law, a minor is anyone younger than 18 years of age. Sexually explicit conduct refers to actual or simulated sexual intercourse involving anal, oral, masturbation, or sadistic abuse.

Prohibited Acts Related to Child Pornography

The production of child pornography has the harshest penalties, but it is also illegal to knowingly view, distribute, transport, or possess. Each of these violations carries different criminal penalties.

Distribution of Child Pornography

The law relating to distribution of child pornography is explicitly outlined in 18 U.S.C. 2252. If convicted, the minimum prison sentence is 5 years and child pornographers are required to register as sex offenders.

Source of the Law

It is both a federal and state crime to knowingly distribute child pornography in Albuquerque, New Mexico. The federal law prohibiting it is 18 U.S.C. Chapter 110, Sexual Exploitation and Other Abuse of Children. The Child Online Protection Act and Children’s Internet Protection Act also prohibit the distribution of child pornography. If found engaging in the distribution of child pornography, a number of agencies can prosecute, including the Department of Justice, FBI, U.S. Attorney General, U.S. Customs, U.S. Postal Inspection Service, and state and local law enforcement.

Exceptions to Distribution of Child Pornography Charges

If it can be proven that the visual depictions actually have serious artistic, scientific, political, or literary value, it may be exempted from child pornography laws. In order to exempt, the court will refer to the Dost Test from the case of U.S. v. Dost. This test has six criteria, all of which are not required to be present in order to pass. Those criteria are:

  1. Whether the focal point of the visual depiction is on the child’s genitalia or pubic area.
  2. Whether the setting of the visual depiction is sexually suggestive (i.e., in a place or pose generally associated with sexual activity).
  3. Whether the child is depicted in an unnatural pose or inappropriate attire given the age of the child.
  4. Whether the child is fully or partially clothed/nude.
  5. Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.
  6. Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.

Contact Us

If you have been accused of distributing child pornography, please contact us today. At the New Mexico Criminal Law Offices, we have more than 15 years of experience defending people from all walks of life. Whether you are wrongly charged or duly accused, we can help you fight the legal system to make sure you receive the best decision possible. Everyone makes mistakes, and we want to help you work through them to get on with your life. Our firm consists of two lawyers with one goal: clearing your name.

Each case is unique and important to our team, and we promise to work hard on your behalf. For a free initial consultation, call our offices at 505-200-2982.