Child pornography - making a federal crime out of it
Many people believe that charges of child exploitation and child pornography are only violations of Texas criminal law. But federal law can also be implicated.
April 11, 2014
The fact that it involved school teachers is probably what made the incidents more newsworthy.In Houston recently, a former teacher was sentenced in federal district court to 30 years in prison for producing child pornography and ordered to pay restitution to the victims. The investigation was initiated by the Texas Attorney General's Office based on a tip it received. After securing a search warrant, investigators seized a laptop and several external hard drives which contained images of children that appeared to have been taken in a classroom--the defendant's very own classroom as it turned out when he taught kindergarten in at a school in Curacao. Investigators were able to identify and interview the children involved.
Another headline in Houston recently--a 32-year-old elementary school music teacher was arrested and charged with two counts of producing child pornography, also in federal district court. Allegedly, the defendant used Facebook to solicit sexually explicit material from boys and, also allegedly, used the photos from one of the boys to blackmail him into supply additional images. On one hard drive seized by authorities executing a search warrant, over 150 images of different boys were discovered--boys ranging in age from 12 to 17.
The Department of Homeland Security was active in both investigations.
It should be noted that in both of these cases, the individuals were charged with a violation of federal law. Many people believe that charges of child exploitation and child pornography are only violations of Texas criminal law. But federal law can also be implicated.
The federal criminal code makes it a crime for anybody to knowingly mail, transport, or ship, in interstate or international commerce, including the use of a computer, any child pornography. It is also a federal criminal offense to knowingly receive or distribute any child pornography by mail or other means of interstate or international commerce, or to knowingly reproduce such pornography in the same manner, again including by means of a computer. Any violation of these laws carries serious consequences--fine, and imprisonment for not less than five years or more than 20 years. If a person convicted has prior convictions for certain sexually related offenses, the imprisonment increases to a minimum of 15 years to a maximum of 40 years. The penalties hold not only for the actual commission of the crime, but also for the attempt or any conspiracy.
Anyone charged with any crime involving the possession or distribution of child pornography, whether it be under the Texas criminal code or federal law, face serious consequences--consequences that may follow them for the rest of their lives. The immediate representation by an experienced Texas criminal is essential.
Article provided by Law Office of Derek W. Emmons, P.C.
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