February 09, 2011 (Press-News.org) A person identifying himself as a police officer is at your door. He has just told you that he has evidence that a computer in your home contains child pornography. He asks for permission to enter and examine your computers. They've taken your computers. Should you be worried? YES.
This officer is an agent of the Internet Crimes Against Children (ICAC) task force. He is already aware of some of your computers content either through undercover Internet chat or observing Internet traffic involving your computer with services such as Limewire or Gigatribe.
The most important initial concern is whether or not this officer is a State (Attorney General) investigator or a federal (FBI) agent.
You can be prosecuted in either State or Federal Court for possessing child pornography and while a single image is enough to file a criminal charge several considerations will make this situation more or less serious.
In Utah a state prosecution for child pornography is a second degree felony, punishable by a term of imprisonment of 1-15 years in prison for each count. However, those found guilty in State Court (for first offenses) rarely serve prison time. There is usually a component of jail, sex offender treatment, and sexual offender registry.
Federal prosecutions are always more serious. Federal prosecutions are usually initiated by the FBI. A federal charge is made more serious by the number of images (more than 600) images of prepubescent children, the use of a computer, the existence of and nature of videos, and several other factors. Penalties for federal prosecutions are largely influenced by the Federal Sentencing Guidelines. The Guidelines call for imprisonment for even a first time offender.
With the stakes this high the help of an experienced attorney is critical. Call us immediately, day or night, the consult is free and the advice invaluable. (801)363-8500. Rasmussen & Miner Attorneys at Law.
Website: http://www.rasmussenandminer.com
Federal vs State Child Pornography Charges - Rasmussen & Miner Attorneys at Law, Salt Lake City, Utah
A look at the differences between State and Federal child pornography charges and what you should do if you are facing child pornography charges.
2011-02-09
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[Press-News.org] Federal vs State Child Pornography Charges - Rasmussen & Miner Attorneys at Law, Salt Lake City, UtahA look at the differences between State and Federal child pornography charges and what you should do if you are facing child pornography charges.