Understanding the Offense of Attempting To Produce CSAM
Producing child sexual abuse material (CSAM) is one of the most serious federal crimes linked to child exploitation. The offense of producing CSAM carries very harsh penalties. This is true even if no real minor was involved or if you just attempted to do it. Attempting to produce CSAM can result in lengthy prison sentences and other consequences. Understanding what the law considers an attempt to produce CSAM, the potential penalties associated with this crime and how law enforcement investigates these cases is vital. It can help you grasp the gravity of this crime and the importance of hiring a defense attorney when charged.
What Does “Attempted Production of CSAM” Mean?
18 U.S.C. § 2251 criminalizes using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit behavior for the purpose of creating any visual representation of such behavior. Even attempting or conspiring to do this is a crime. Attempting to produce CSAM means a person takes a significant step toward producing such material.
To be charged with attempting to produce CSAM, the prosecution does not need to show that any photos or videos were made or that a real minor was involved. What matters is that you intended to produce CSAM and took a significant step toward making it happen, such as requesting explicit photos or videos from someone believed to be a minor or arranging to meet them in person to record the conduct.
Penalties for Attempting To Produce CSAM
The penalties for attempting to produce child sexual abuse material are among the harshest in the federal criminal justice system. If convicted, you could face;
- A mandatory minimum sentence of 15 years in federal prison
- A maximum sentence of up to 30 years
- Supervised release
- Mandatory sex offender registration
However, if you have prior convictions for related sexual offenses, your sentence could increase drastically up to life imprisonment.
Real Case Example
A recent case from the Middle District of Florida shows how seriously federal prosecutors take the crime of attempting to produce CSAM. According to a press release from the U.S. Attorney’s Office, a 63-year-old man, whom, for purposes of this article, we will refer to as T.E., was sentenced to 15 years in federal prison for attempted production of CSAM. The convict will also serve 10 years of supervised release and register as a sex offender.
Between August and October 25, 2024, T.E. communicated online with an undercover detective who was pretending to be a 14-year-old girl. Over several weeks, he exchanged sexually explicit messages, requested explicit pictures and videos, and talked about traveling to meet the minor for sexual activity.
T.E. took concrete steps towards achieving his goal, such as biking over an hour from his home in Georgia to an Atlanta bus station, purchasing a ticket to Jacksonville, and heading there expecting to meet the girl. He was arrested after arriving in Jacksonville.
Defending Against Charges of Attempting To Produce CSAM
While being charged with attempting to produce CSAM is a serious thing, it does not necessarily mean you are guilty. There may be several ways to defend yourself, including arguing,
- Entrapment
- Lack of intent
- Insufficient evidence
- Unlawful search and seizure
Given the complexity and severity of these cases, anyone facing allegations should immediately contact an experienced criminal defense attorney.
Contact an Orlando Sex Crime Lawyer
If you’ve been charged with attempting to produce CSAM, contact our Orlando sex crime lawyer at Joshi Law Firm, P.A. for legal help.
Source:
justice.gov/usao-mdfl/pr/georgia-man-sentenced-15-years-federal-prison-attempted-production-child-sexual-abuse
