David Edelstein is an AV® Peer Review Rated criminal defense attorney
representing clients in state and federal criminal matters across the State of Florida.

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Possession and Distribution of Child Pornography - Child Porn

Possession and Distribution of Child Pornography - Child Porn

If you or a loved one has been approached by law enforcement investigating child pornography it is extremely important to exercise your right to have an attorney present BEFORE answering ANY questions. Most, but not all cases begin with an agent or detective contacting the defendant to conduct a voluntary interview, sometimes after a search warrant has been executed. Unfortunately, either through fear or ignorance, most people proceed to speak with the law enforcement officer or give consent to search without consulting with an attorney. This is almost always a mistake. If you or someone you love has been approached by law enforcement regarding a child pornography investigation, call Mr. Edelstein immediately for a CONFIDENTIAL CONSULTATION at (877) 321-4545* or simply take a moment to fill out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry.

To learn more about David Edelstein's experience and qualifications, click here. To see representative case results, go here.

*Due to the large number of people who contact Mr. Edelstein requesting his assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

ALWAYS INVESTIGATE A LAWYER'S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A LAWYER

FEDERAL LAWS RELATING TO CHILD PORNOGRAPHY

18 U.S.C. 1466A | OBSCENE VISUAL REPRESENTATIONS OF THE SEXUAL ABUSE OF CHILDREN

It is forbidden to knowingly produce, distribute, receive, or possess with the intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.

Attempts or conspiracies to knowingly produce, distribute, receive, or possess with the intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value, are also forbidden.

It is forbidden to knowingly possess a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value,

if one of the...circumstances [noted below] is present

  • any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense;
  • any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer;
  • any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense;
  • any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or
  • the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States.

An attempt to knowingly possess such a visual depiction is also forbidden under the same circumstances.  

18 U.S.C. 2251 | SEXUAL EXPLOITATION OF CHILDREN

It is forbidden for any person to employ, use, persuade, induce, entice, or coerce any minor to engage or assist any other person to engage in, or to transport any minor in interstate or foreign commerce with the intent that the minor engage in, any sexually explicit conduct if such person knows or has reason to know that such visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.

It is forbidden for any parent, legal guardian, or person having custody or control of a minor to knowingly permit such minor to engage or assist any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct if the parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.

It is forbidden for any person to knowingly make, print, or publish, or cause to be made, printed, or published, any notice or advertisement seeking or offering

  • to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct, or
  • to participate in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct,

if such person knows or has reason to know that such notice or advertisement is or will be transported in interstate or foreign commerce by any means including by computer or mail.

18 U.S.C. 2252 | MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS

It is forbidden for any person to knowingly transport or ship in interstate or foreign commerce by any means, including by computer or through the mail, any visual depiction, if

  • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and
  • such visual depiction is of such conduct.

It is forbidden for any person to knowingly

  • receive or distribute any visual depiction that has been mailed, shipped, or transported in interstate or foreign commerce, or which contains materials that have been so mailed, shipped, or transported, by any means, including by computer, or
  • reproduce any visual depiction for distribution in interstate or foreign commerce by any means, including by computer or through the mail,

if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct.

It is forbidden to knowingly sell or possess with the intent to sell any visual depiction that has been mailed, shipped, or transported in interstate or foreign commerce, or which was produced using materials that have been so mailed, shipped, or transported, by any means, including computer, if

  • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and
  • such visual depiction is of such conduct.

18 U.S.C. 2252A | MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY1

It is forbidden for any person to knowingly

  • mail, or transport or ship in interstate or foreign commerce by any means, including by computer, any child pornography;
  • receive or distribute any
    • child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer or
    • material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
  • advertise, promote, present, distribute, or solicit through the mail, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains
    • an obscene visual depiction of a minor engaging in sexually explicit conduct; or
    • a visual depiction of an actual minor engaging in sexually explicit conduct;
  • reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;
  • sell or possess with the intent to sell any child pornography;
  • possess any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
  • distribute, offer, send, or provide to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct
    • that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
    • that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
    • if such distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
    for the purpose of inducing or persuading a minor to participate in any activity that is illegal.

18 U.S.C. 2256 | CHILD PORNOGRAPHY DEFINED

Child pornography is defined as any visual depiction, including any photograph, film, video, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
  • such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

42 U.S.C. 13032 | REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS

Whoever, while providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of certain offenses involving child pornography is apparent, must report those facts or circumstances to the [CyberTipline] at the National Center for Missing [&] Exploited Children as soon as is reasonably possible.

FLORIDA LAWS RELATING TO CHILD PORNOGRAPHY

"Child pornography" means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

"Minor" means any person under the age of 18 years.
Florida Statute 847.001(8)

"Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."
Florida Statute 847.001 (16)

Possessing, distributing, transmitting and manfacturing child pornography are all illegal in the State of Florida and are third degree felonies covered under Florida Statutes 847.0135, 847.0138 and 827.071.

Many websites appear to contain child pornography, but in reality contain "Child Erotica" (i.e., children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct). Child erotica is not illegal.

BREAKING CHILD PORNOGRAPHY NEWS

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Dallas man gets 16-year sentence in child pornography case - Dallas Morning N...
Friday, November 21, 2014

Dallas man gets 16-year sentence in child pornography case Dallas Morning News (blog) A Dallas man was sentenced Thursday to 16 years in federal prison for transporting child pornography , U.S. Attorney Sarah Saldaña announced. Jeffrey Wyatt Savell II, 35, pleaded guilty in March to one count of ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Dallas man gets 16-year sentence in child pornography case - Dallas Morning N...
Friday, November 21, 2014

Dallas man gets 16-year sentence in child pornography case Dallas Morning News (blog) A Dallas man was sentenced Thursday to 16 years in federal prison for transporting child pornography , U.S. Attorney Sarah Saldaña announced. Jeffrey Wyatt Savell II, 35, pleaded guilty in March to one count of ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

Dallas man gets 16-year sentence in child pornography case - Dallas Morning N...
Friday, November 21, 2014

Dallas man gets 16-year sentence in child pornography case Dallas Morning News (blog) A Dallas man was sentenced Thursday to 16 years in federal prison for transporting child pornography , U.S. Attorney Sarah Saldaña announced. Jeffrey Wyatt Savell II, 35, pleaded guilty in March to one count of ... .. read more

Lancaster man gets 12-year term for child pornography - Dallas Morning News (...
Friday, November 21, 2014

Lancaster man gets 12-year term for child pornography Dallas Morning News (blog) A Lancaster man was sentenced to 12 years in federal prison Thursday for transporting and shipping child pornography , U.S. Attorney Sarah Saldaña announced. U.S. District Judge Barbara Lynn also ordered that Quincy ... .. read more

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David M. Edelstein, PA
Florida Attorney

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