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Child Pornography

Child Pornography

There are several federal statutes dealing with sex crimes against minors. Some of the statutes are outlined below.

Possession of Child Pornography

18 U.S.C. §2252(A)(a)(5)(B) makes it a crime to possess child pornography. Specifically, Section 2252(A)(a)(5)(B) states that “[a]ny person who…knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, video tape, computer disk, or any other material that contains an image of child pornography that has been…transported using any means or facility of interstate…commerce…[is guilty of violating said subsection.]” Section 2252(A)(b)(2) further states that whoever “violates, or attempts or conspires to violate, subsection (a)(5) shall be…imprisoned not more than ten years….”  Child pornography is a photograph depicting sexually explicit conduct. 18 U.S.C. §2256(8).

The term “sexually explicit conduct” is defined in 18 U.S.C.§ 2256(a) as actual or simulated (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or public area of any person.

Production of Child Pornography

18 U.S.C. §2251(a) makes it a crime to produce or attempt to produce child pornography.  Specifically, 18 U.S.C. § 2251(a) states that “[a]ny person who employs, uses, persuades, induces, entices, or coerces any minor to engage in…. any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e)….” Subsection (e) states that “[a]ny individual who violates, or attempts to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years….”

Sexual Exploitation of Children

Title 18, United States Code §2422(b) states that whoever knowingly persuades, induces, entices or coerces any individual who has not attained the age 18 years, to engage in…any sexual activity for which the person can be charged with a criminal offense, or attempts to do so, shall be…imprisoned not less than ten years or for life.”

The Federal Circuit Courts of Appeal

A defendant convicted in a federal district court for a sex crime against a minor must generally appeal the conviction or sentence to one of the eleven United States Circuit Courts of Appeal, depending on the state in which the district court is located.

Contact Federal Criminal Appeals Lawyer Bruce R. Bryan

As set forth in his attorney biography, federal criminal appeals lawyer Bruce R. Bryan has an extensive background and the commitment to excellence to make compelling arguments to a federal circuit court of appeal highlighting the strengths of your case and the weaknesses in the government’s position. With more than 20 years as a federal criminal appeals lawyer, Mr. Bryan has handled a many federal criminal appeals, including sex crimes against minors.

Bruce R. Bryan authored the Guide to Criminal Appeals, Review and Parole in New York, an insightful law book explaining the criminal appeals process in New York (click here for a Free Downloadable Copy). Mr. Bryan is also an Adjunct Professor of Appellate Advocacy at Cornell Law School, a distinguished national law school. He teaches other lawyers on criminal appeals to federal circuit courts of appeal. Mr. Bryan has also appeared before the Supreme Court of the United States.

To retain Mr. Bryan to handle your federal criminal appeal, including an appeal from a conviction for a sex crime against a minor, or on a case in one of his related areas of practice, please contact him at his office in Syracuse, New York by calling 315-280-8790 to request an appointment or consultation.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More