The Difference Between Sharing and Possessing Child Pornography in Federal Child Pornography Cases

Facing child pornography-related charges can be extremely scary, especially if you are charged on the federal level. Two common federal child pornography crimes are possessing and sharing (distributing) child sexual abuse material (CSAM). Many people find themselves confused about the difference between the two. While both are serious felony crimes under federal law, the differences between the two can make a significant difference in defense strategy and sentencing.

Federal Law on Child Pornography

18 U.S.C. sections 2252 and 2252A make it illegal to knowingly possess, receive, distribute, or produce visual depictions of minors engaging in sexually explicit conduct. These laws are enforced throughout the United States, and crimes that fall under these statutes are often investigated by federal agencies, such as Homeland Security Investigations (HSI).

Federal prosecutors aggressively pursue both cases of possession and distribution of CSAM, also known as child pornography. However, these two crimes are not viewed the same under the law. The law considers distributing CSAM to be much more serious than just having this material in your possession.

Possessing Child Pornography

Possession arises when you have child sexual abuse material saved on your computer, phone, or elsewhere. If you are accused of possessing CSAM, the prosecution must prove that you knew about the content of the files and had control over them. Even one image or file is enough to result in you facing serious criminal charges.

If convicted, you could be sent to federal prison for up to ten years if you are a first-time offender and twenty years if you are a repeat offender. You could also be fined up to $250,000. Other potential penalties include;

• Mandatory supervised release
• Mandatory sex offender registration

A recent case in Orlando, Florida, demonstrates how cases of possession of child pornography are treated on the federal level. In 2024, a man from Brevard County was sentenced to ten years in federal prison after he admitted to possessing images depicting the sexual abuse of children. Investigators discovered hundreds of files on his computer, including a video involving very young victims. He was also ordered to pay restitution and will be under lifetime supervision after his release.

Sharing Child Pornography

Sharing or distributing child pornography arises when a person sends or makes CSAM accessible to others. Under 18 U.S.C. section 2252A9(a)(2), the prosecution must prove that you knowingly shared or transmitted the content.

The federal penalties for the offense of distributing child pornography are harsher than those for possession. A first-time conviction carries a mandatory minimum sentence of five years, with a potential maximum sentence of up to 20 years in prison. The sentence can increase significantly if the defendant has previous convictions or there are aggravating circumstances.

In a recent federal case, a man from Hilliard was charged with distributing CSAM after allegedly sending several exploitative videos to an undercover officer who was posing as an adult with a minor child. This man had previously been convicted of possessing similar material and had already spent six years in state prison. The man was sentenced to 15 years in federal prison. He was also ordered to register as a sex offender and will serve a 10-year term of supervised release.

Contact an Orlando Sex Crime Lawyer

If you or someone you know is facing charges of distributing or possessing CSAM, contact our Orlando sex crime lawyer at Joshi Law Firm, P.A. for professional legal help.

Source:

justice.gov/usao-mdfl/pr/sex-offender-sentenced-10-years-possessing-child-sexual-abuse-material