Common Ways Child Pornography is Charged
Child pornography is usually charged as either distribution of child pornography or possession of child pornography. Possession of child pornography is usually considered a little less serious than distribution of child pornography, because there is the distinction between a person who might just be downloading child pornography for their own gratification versus a person who might be exploiting children by distributing that pornography to other members of the community.
When it comes to electronic distribution, which is what we see most commonly these days, a person who is distributing child pornography might have the ability to get a particular image or a video to millions of people at the click of a button. This fact is certainly very concerning to law enforcement and to prosecutors. It has an impact on the community in a way that is far more explosive than one who is simply downloading a piece of child pornography and keeping it on their computer. Due to this fact, it is important that those accused of any type of child pornography charge consult with a Federal Maryland child pornography lawyer, as prosecutors and judges will take your case very seriously.
Attempt and Conspiracy to Distribute Child Pornography
Attempt or conspiracy to commit simply means that somebody took a substantial step towards committing an offense under the child pornography statutes. If somebody attempted to distribute that typically means that the individual was caught in a chat room where he was trying to solicit people to distribute their pornography too, or he was trying to get people to give him particular pieces of child pornography.
If somebody conspired that may mean that the individual acted with another person— potentially a distributor, or somebody who is actually creating the images—in order to assist them in distribution. So they might be involved in conspiracy, which is a little different than attempt because in an attempt somebody actually needs to take a substantial step towards committing the act.
In a conspiracy, somebody would just have to have a meeting of the minds with somebody else with an intention to commit the act under the statute.
A person who conspired with another individual might not actually ever have touched, seen, downloaded, or distributed a single image of child pornography. However, they could still be held as accountable as a person who actually committed the act under the statute, if they had some part in it or some meeting of the minds with another individual to perpetuate the criminal act.
Charges That Can Accompany Child Pornography Allegations
It depends on what the government believes you have done in any particular case. Child pornography can sometimes be linked to Human Trafficking statues. Child pornography can be linked to contributing to condition of minor statutes. Child pornography can be linked to any criminal case as long as the officer sees fit or the government sees fit to find probable cause to charge an individual with other violations.