Internet Crimes Involving Child Exploitation Are Serious Offenses

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.

State Charges – A Second Degree Felony

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.

The Serious Nature of Facing Federal Charges

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.

Experienced Sex Crimes Defense Lawyers, Salt Lake City, UT

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, or use our online contact form to tell us about your case.

When you’re heading to court, you want a lawyer on your side who has trial experience. Even if your case never actually goes to trial, the preparation required to prove a case to a jury is the same preparation that leads to effective negotiation of plea bargains.

We are trial attorneys. We have years of experience to our credit and we’re ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or complete our simple online form to tell us about your case.

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