If you have been charged with the possession, receipt, transportation or production of child pornography, contact Attorney Gabriel L. Grasso. With nearly 30 years of experience, he is one of the top criminal defense attorneys in Las Vegas and has successfully represented a multitude of individuals facing federal prosecution.
What is Child Pornography
According to federal law, child pornography refers to any kind of visual depiction that displays sexually explicit conduct involving individuals who are under the age of 18.
The Law in Reference to Child Pornography
Federal law forbids the production, importation, distribution, possession or receipt of any images representing child pornography. Violating child pornography laws is serious and convicted offenders face large fines as well as severe statutory penalties.
Penalties for Child Pornography Offenses
Mandatory Minimums and Statutory Maximums
Possession: First-Time Offender
No Minimum/10-Year Maximum if the victim was at least 12 years of age. If the victim was younger than 12 years of age, the maximum sentence is increased to 20 years.
Receipt, Distribution and/or Transportation of Child Pornography
A 5-Year Minimum/20-Year Maximum
Recidivist (repeat offender)
A 15-Year Minimum/40-Year Maximum
Production of Child Pornography
A 15-Year Minimum/30-Year Maximum
A 25-Year Minimum/50-Year Maximum
Offense Levels for Trafficking, Receipt and Possession
The base offense level is determined by the offense of conviction:
Level 18 for offenses related to possession and 22 for offenses involving the receipt or trafficking of child pornography.
Level variations according to the specific details of the crime:
- If the defendant received child porn, but can prove that he or she had no intention of distributing or trafficking the material, the offense may be decreased by 2 levels.
- If the defendant traded images, his or her offense increases by 5 levels.
- File sharing through apps like FrostWire or social networks like LimeWire can increase the defendant’s offense by up to 5 levels.
- If the offense involved sadistic, violent specific offense characteristics (SOC) and/or masochistic conduct, the defendant’s offense level increases by 4 levels. When an image portrays something being inserted into the child, SOC applies.
- If infants and/or toddlers are portrayed in the pictures, the level increases by 4.
- If the defendant demonstrated a pattern of activity that involved sexually abusing or exploiting a minor, his or her level increases by 5. Two or more instances of the defendant sexually exploiting or sexually abusing a minor is considered a pattern, even when the exploitation or abuse never actually occurred.
Another factor that determines the level of an offense is the number of pronographic images the defendant has:
- 10 to 149 – 2-level increase
- 150 to 299 – 3-level increase
- 300 to 599 – 4-level increase
- 600 images or more – 5-level increase
- Videos and video clips are equal to 75 images
Grouping Counts Related to Possession, Receipt and/or Transportation of Child Pornography
If there are multiple counts of conviction in a single case, the court has to determine a single offense level that represents all the counts of conviction. This process is referred to as ‘grouping.’ Groups of counts that are closely related may be combined to create a single group. However, whereas child pornography counts relating to possession, receipt and transportation may be eligible for grouping, production of child pornography may not.
Following the Grouping of Offenses, a Combined Offense Level Must be Determined
To determine the combined offense level, the level that is applicable to the count or count group with the highest level is used to increase the level of the offense using the table available in the United States Sentencing Commission’s Guidelines Manual, section §3D1.4.
If you have been arrested and charged with possessing, receiving, transporting or producing child pornography, you need an experienced criminal defense attorney by your side. Gabriel L. Grasso is an attorney in Las Vegas who has nearly three decades of experience defending individuals charged with various crimes, including those related to child pornography. To receive a criminal defense lawyer free consultation, contact Attorney Grasso’s office today.
Attorney Grasso has defended celebrities, politicians and many other high-profile defendants, including O.J. Simpson. In 2007, Attorney Grasso became O.J. Simpson’s legal counsel in Las Vegas. He also served as a lawyer on Mr. Simpson’s defense team in the renowned Palace Station Casino case.
To schedule your free initial consultation with Attorney Gabriel L. Grasso, contact the office today at 1-855-LAWYRUP or 702-868-8866: Attorney Grasso’s office is located at 9525 Hillwood Drive, Suite 190 in Las Vegas, Nevada. If you prefer, you can complete our online contact form to receive a free case review.