When Receiving Child Porn and Firearm Possession Overlap: Understanding the Consequences

Federal prosecutors take both the offense of receiving child sex abuse material (CSAM) and illegal firearm possession extremely seriously. The consequences can be devastating when these two crimes overlap in one investigation. If you are caught up in such a situation, you risk facing decades behind bars and mandatory sex offender registration. In this article, we discuss how federal law treats these cases.

How Does Federal Law Handle These Charges?

Under the federal level, the crime of receiving child sexual abuse material or CSAM is governed by Title 18, Section 2252A of the U.S. Code. Specifically, the law criminalizes several acts related to “visual depictions involving the sexual exploitation of a minor,” including;

• Knowingly transporting, mailing, or shipping any child pornography
• Knowingly receiving or distributing child pornography
• Knowingly producing child pornography
• Knowingly possessing or accessing child pornography

On the other hand, the offense of illegal firearm possession is governed by Title 18, Section 922 of the U.S. Code. According to the statute, it is unlawful for a person who has been convicted of a felony to transport or possess any firearm or ammunition.

The above crimes each carry significant penalties on their own. However, when charged together, the potential consequences can add up, leading to extremely long prison sentences. Often, federal prosecutors argue that possessing a firearm increases the risk of the underlying offense, thus warranting sentencing enhancements.

A Real Case Example

One recent case in Orlando shows just how serious these penalties can be. In November 2024, a U.S. District Judge sentenced a man, whom for purposes of this article we will refer to as R.B., from Lake Mary, to 19 years and 7 months in federal prison for receiving CSAM and possessing a firearm as a convicted felon.

The FBI traced an IP address sharing CSAM back to the defendant’s home. When they executed a search warrant, they discovered two loaded guns in his backpack, along with hundreds of illegal images and videos on his phone and SD cards.

R.B. confessed to owning the guns and acknowledged that he was not legally allowed to have them due to his previous felony convictions. Before this incident, the defendant had been convicted of at least two felonies. The court ordered him to forfeit his firearms, ammunition, and digital devices.

Why Are Illegal Firearm Possession and CSAM Charges So Dangerous?

Under the federal sentencing guidelines, when CSAM charges overlap with charges of illegal gun possession, it creates a challenging situation. An unlawful firearm possession charge on its own can lead to a prison sentence of up to ten years in federal prison for someone with a felony record. On the other hand, CSAM charges have a mandatory minimum sentence of five years and can lead to up to 20 years in prison. An overlap of the two charges can result in the judge imposing consecutive sentences, leading to lengthy prison sentences. Even if the weapons are not tied to the CSAM charge, their presence during the investigation can significantly expose the defendant to harsh consequences.

Contact Us for Legal Help

If you’re facing a CSAM charge with firearm possession as an aggravating factor, contact our skilled Orlando sex crime lawyer at Joshi Law Firm, P.A. today for legal help.

Source:

justice.gov/usao-mdfl/pr/convicted-felon-sentenced-more-19-years-possessing-firearm-and-receiving-child-sex