Child Pornography

Preparing the Case

When preparing a case the attorneys at Reynolds Firm, LLC conduct our own independent investigation. Employing our own forensic analysis and independent investigators, we break down the case and highlight the government’s weaknesses.

Coley O. Reynolds has over 24 years experience litigating Child Pornography cases in both Federal and state courts, as both a prosecutor and defense lawyer. Few attorneys have this experience.

Defenses:

Unintentional/Accidental Possession Defense: The government must prove beyond a reasonable doubt knowing and willing possession or distribution of child pornography. If you unintentionally click the wrong link, download an email attachment with malware (a virus), accidentally accessed child pornography (by any number of various means) or if a “peer to peer” network uploaded child pornography to your computer, you might not even know you had the pictures on your computer.

A computer virus or “peer to peer” network can use your computer as a “hub” to upload and then distribute child pornography from your computer. All without you knowing. You may accidentally click on a picture only to realize after that it is child pornography. Maybe by quickly “deleting” the photos you thought you had rid yourself of the pictures, and criminal exposure, only to find out that the pictures are still retained on your hard drive.

In all these cases, you may not even know that child pornography is on your phone, computer or tablet. However, you could still be charged. Using our experts in computer forensics, we can find the exact manner and means by which the child pornography got on your computer, phone or tablet. Armed with this knowledge, we can argue to have the charges dismissed or fight to achieve a not guilty verdict at trial.

 

Unconstitutional/Illegal Conduct By Law Enforcement: In most cases, law enforcement can only seize evidence from you, your home, car, phone or computer if they have obtained a search warrant, your consent or in an emergency situation (which is very rare). If law enforcement didn’t have a warrant, the evidence may have been seized illegally and therefore, can’t be admitted at trial.

In every case we analyze the seizure of evidence with the intent of having the evidence suppressed at trial. Coley O. Reynolds is highly experienced in attacking the legality of the search and seizure of evidence. He will fight to suppress the evidence before trial.

Further, some of the investigative tools being used by law enforcement have raised serious privacy concerns in the Courts. Law enforcement has the tools to search your computer through the internet. While this is a growing area of the law, many times these searches are overly broad and the evidence can be suppressed. There are even cases where the law enforcement tool detected known child pornography on an IP address, only to have a subsequent forensic search of the computer find none. Yet, the government still made an arrest, arguing child pornography must have been deleted after the search. Such prosecutions are serious overreaches by law enforcement and needs to be defended against just as aggressively. In these cases, our forensic evaluations are essential to a successful defense.

 

Not Child Porn: The government is required to prove beyond a reasonable doubt that the visual depictions are actually (1) those of a minor (2) engaged in sexually explicit conduct. It is also a defense that the person was not a minor. The case law is vast and complicated when it comes to defining sexually explicit conduct as it is not a common definition. Rather, the law has carved out some very specific conduct that meets the legal definition. Coley O. Reynolds knows the law and will not let the government take advantage of you.

 

No Possession: If the evidence was found on a shared computer or shared network, the defense would simply be that the photos were not possessed. If the government search resulted in a false positive, or if they only found fragments, again, the defense would be a lack of the required element of possession.

 

Entrapment: Were you the victim of a overzealous law enforcement agent who entrapped you into accepting child pornography? Were you induced into committing a criminal act, such as receipt or possession of child pornography? The government has a history of coercing or inducing people into committing criminal acts through fraud, threats, overbearing harassment and flat out lies. If you were the victim of this outrageous government conduct, the law recognizes this as a defense. Coley O. Reynolds knows the law of entrapment and will fight to keep you from being convicted for a crime you would not have otherwise committed but for the government conduct.

 

Three Or Less Depictions: It is an absolute defense to the Federal charge of possession of child pornography that if a person possesses three or less visual depictions and that person promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any child pornography or copy thereof destroyed each depiction of child pornography or reported the matter to a law enforcement agency and afforded that agency access to the child pornography.

 

Federal Charges

18 U.S.C. § 2251 Sexual exploitation of children makes it illegal for anyone to employ, persuade, induce, entice or coerce any minor to engage in any sexually explicit conduct for the purposes of producing child pornography. Any visual depiction whether a picture, video, etc. of the minor can be considered sufficient. It also makes it illegal to transport a minor for such purposes (If there is an interstate commerce component). Further, any parent, legal guardian or person having custody of the minor, can also be charged if they permit the minor to engage in such conduct.

Under Federal law, the punishment for this offense is severe: 15 years mandatory minimum in prison for a first time offender. If the accused has a prior conviction under this statute or a prior conviction related to any sex offense involving a minor, the mandatory minimum is 25 years. The sentences only get tougher from there and continue to escalate if there are multiple prior qualifying offenses and depending upon whether the minor suffers any injuries.The statute even allows for the death penalty in certain circumstances.

 

18 U.S. Code § 2252 Sexual exploitation of minors and 18 U.S.C. § 2252A Child Pornography make it illegal for anyone to distribute or receive a visual depiction of a minor engaged in sexually explicit conduct (child pornography) whether by person, mail or computer, if interstate or foreign commerce is affected.

The punishment for these offenses starts with a minimum mandatory of five years. If there is a prior conviction for child pornography or any sex offense related to a minor, the mandatory minimum rises to fifteen years. There are many different mandatory minimums depending on the specific fact pattern of the case. You need an attorney experienced in Federal child pornography cases, such as Coley O. Reynolds, to fully explain the potential punishments and defenses.

 

Pennsylvania State Charges

18 Pa.C.S. § 6312 Sexual abuse of children makes it illegal for any person to knowingly photograph, videotape, depict on a computer or film a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act commits an offense, or to cause or knowingly permit a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act if the person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed. It is also illegal to knowingly distribute or possess for the purpose of distribution (whether for sale or not) child pornography. Finally, in Pennsylvania, it is even illegal to intentionally view child pornography.

Sentences for convictions for these offenses can vary, but can be up to twenty years per count charged. Further, sentences in production of child pornography cases may carry associated minimum mandatories depending upon any corresponding charges.

 

Sentencing/Plea Bargaining

Sometimes the evidence is too great to overcome. When this is the case, Reynolds Firm, LLC excels at presenting the government and the Court with mitigation evidence to support a sentence far below the sentencing guidelines. Reynolds Firm, LLC is highly regarded for its sentencing mitigation presentations. We are able to uncover, evaluate and develop mitigation evidence to present to the government and the Court which regularly results in the reduction of sentences. The attorneys at Reynolds Firm, LLC and Coley O. Reynolds have a proven and consistent track record of receiving sentences below the sentencing guidelines for their clients.

Have You Been Arrested?

If you have been arrested, do not wait. It is not in your interested to speak to the government. Hire an experienced, dedicated and aggressive defense lawyer to represent you. Coley O. Reynolds is such an attorney. With over 20 years of experience in Child Pornography cases in both Federal and state courts. Coley O. Reynolds he has the skill, knowledge and experience to successfully fight for you.

Are You the Target of a Child Pornography Investigation?

Child Pornography cases in both Federal and state courts can be complex and difficult to defend because of the technical evidence gathered by the government used to link the accused to the computer and the offending image. If law enforcement has served a search warrant on your computer, phone or tablet and seized those items or other digital storage device, you are probably suspected of a crime. Do not wait to hire an attorney.