• martindale
  • avvo
  • lawyers
  • martindale

Allegations that involve manufacturing child pornography can quickly turn a person’s world upside down. Even if you are eventually found innocent, the fact that you were under investigation for such a serious crime may continue to fuel rumors among colleagues at work and in your social circle. A federal defense attorney who specializes in child pornography cases can help you protect your reputation. The defense lawyers at Ohle & Ohle, P.A. can represent you whether you are under investigation for federal child pornography in Fort Pierce, or if you have been formally charged.

Child pornography crimes under federal law

Like many other offenses, child pornography offenses are prosecutable by both the state and federal government. Title 18 of the United State Code defines child pornography as any visual depiction of sexually explicit conduct that involves a minor. Examples of depictions include:

  • photos
  • videos
  • undeveloped film or videotape
  • computer-generated materials
  • pictures

Federal law prohibits the manufacturing, possession and distribution of child pornography among other related crimes that result in the sexual exploitation of children. Each type of child pornography offense carries mandatory minimum sentencing when the offense falls within a federal court’s jurisdiction.

What constitutes manufacturing of child pornography?

Also referred to as the production of child pornography, manufacturing is defined in Section 2251 of Title 18 as employing or using children in the production of sexually explicit materials. To obtain a conviction, a federal prosecutor must the following elements prove beyond a reasonable doubt:

  • The defendant employed, used, persuaded, induced, enticed, or coerced a minor to engage in or assist another to engage in sexually explicit conduct.
  • The defendant engaged in the behavior for the purpose of producing a visual depiction of sexually explicit conduct.
  • The visual depiction was produced, transmitted, or transported by any means that affected interstate or foreign commerce or the defendant knew or had reason to know the activity would affect interstate or foreign commerce.

The term “producing” may refer to the making, creating, manufacturing, issuing, publishing, directing or advertising of sexually explicit material. There is often overlap between producing and distributing child pornography. Depending on the facts of a case, an individual may be charged and convicted of both crimes.

CONTACT US TODAY FOR A FREE CONSULTATION

Federal charges related to manufacturing child pornography

The process of producing child pornography often involves multiple moving parts. Federal law identifies related charges for which people who play other roles in the production of child pornography may be charged. In some cases, one person may be charged with manufacturing child pornography along with being charged for related offenses, like possession or distribution of child pornography. In other cases, multiple people are charged for playing different roles in the illegal process.

Transporting a minor with the intent to manufacture child pornography

Section 2251 also prohibits the transportation of a minor with the intent that the minor will engage in the production of child pornography. If the federal government struggles to convict a defendant for producing child pornography, the individual may still be sentenced to federal prison if the prosecutor is able to prove:

  • the defendant transported a minor within or in a manner that affected interstate or foreign commerce
  • the defendant acted with the intent that the minor would engage in sexually explicit conduct for the purpose of producing a visual depiction of the sexually explicit conduct
  • the visual depiction was produced, transmitted, or transported by using any means that affected interstate or foreign commerce or if the defendant knew or had reason to know the activity would affect interstate or foreign commerce.

Charges against parents and guardians

In addition to people who produce child pornography, parents and guardians may also face federal charges if they allow children in their care to be sexually exploited. Subsection 2251(b) prohibits parents and guardians from giving permission for a child to engage in sexually explicit conduct for the purpose of manufacturing child pornography. In federal cases, the prosecution must prove:

    • the defendant was the parent, legal guardian, or otherwise a person who had custody or control of a minor who was sexually exploited
    • the defendant granted permission for the minor to engage in sexually explicit conduct for the purpose of visually depicting the conduct
    • the defendant knowingly allowed the minor to participate in the sexually explicit conduct
    • the visual depiction was transmitted, transported, or produced in a manner that affected interstate or foreign commerce or the defendant had reason to know the activity would affect interstate or foreign commerce

The term “custody or control” refers to having temporary supervision over a minor or responsibility for the minor whether obtained legally or illegally. Therefore, even short-term guardians like relatives and babysitters may be charged for allowing a minor to participate in the production of pornography.

When to call a federal child pornography defense lawyer

You don’t have to wait until you’ve been charged to retain your own legal counsel. If you believe you may be under investigation for a child pornography-related offense, seek counsel right away. Your federal child pornography defense attorney in Fort Pierce will advise you and help you avoid answering law enforcement’s questions in a manner that may unnecessarily lead to more questions and additional scrutiny. Having an attorney present during police interviews can also help you avoid being treated as if you are guilty of a crime in which you had no involvement.

Contact Ohle & Ohle, P.A. to receive a case evaluation. Our team will carefully review the facts of your case. We will identify the best potential legal strategies for your case. You can count on us to protect your rights during the investigative stage and throughout the trial process. If you have been convicted, inquire about your options with the post-conviction relief process.

Sentencing for federal child pornography convictions

Sentencing for federal child pornography charges includes a mandatory minimum prison sentence that varies depending on the offense. The court may also order the individual to pay one or more hefty fines. Registration as a sex offender is also generally required.

Reach us now to learn more about your legal options. We will handle your case with professionalism and compassion.


Why Choose Ohle & Ohle?
“We were in a bar in Port St Lucie minding our own business when this guy started hitting on my girlfriend. The argument escalated into a fight and suddenly the police were there and I got arrested and they charged me with assault. I found criminal attorney Mike Ohle on the internet, called him and set up a consultation that same day. As I described the events of my situation, Mike shared his experience as an assault and battery lawyer defending people wrongly accused of a crime. I’d highly recommend him to anyone who has been arrested anywhere in the Treasure coast.”
~ Max Bannister, Google Reviewer
Unlike many large, high-volume firms, we’ll treat you like an individual, and with compassion and understanding. Whether you’re facing criminal charges, going through a divorce or injured in an accident, what you need most right now is someone who will listen and provide you with the best possible representation throughout your unique case.
Several law firms from West Palm Beach claim to specialize in Treasure Coast cases, when in fact they don’t even have an office here. Leanne and Michael Ohle were born and raised in the Treasure Coast, and know the ins and outs of its legal system. We have offices in Fort Pierce and Stuart, and can come to you, depending on the situation.
The attorneys at Ohle & Ohle have proudly served Fort Pierce, Stuart, Port St. Lucie and the rest of the Treasure Coast for the past 48 years. We pride ourselves on our deep-rooted, strong ties to the community, which we believe gives us a clear advantage over our non-local competitors.
CONTACT US TODAY FOR A FREE CONSULTATION
(772) 460-9801