Some federal judges have begun questioning what they consider to be increasingly harsh mandatory sentences for those who have been convicted of possessing or sharing child pornography. They point out that those convicted of possession of child pornography can sometimes receive sentences that exceed those received by criminals who had clear intent to assault a child.

The federal mandatory minimum sentence for possessing child pornography is five years without parole. The mandatory minimum increases if there are added penalties or “enhancements” due to other factors in the images (e.g., showing particularly young children or violent images, or if the images are part of a large collection). In contrast, the minimum sentence for a person who has traveled across state lines for sex with a minor whom they solicited on the internet is ten years.

After enhancements are applied, the prison sentence for receiving or sharing child pornography could be ten to twenty years. Some judges believe this punishment to be lopsided since the viewer of child pornography did not directly harm a child, nor did they necessarily intend to do so.

Serious Charges in New Jersey

In Gloucester County, a man recently pleaded guilty to a fourth-degree charge of endangering the welfare of a child for downloading and viewing child pornography on one occasion. He has maintained that he inadvertently came across the images while on a file-sharing site.

He was arrested along with over a dozen other men in Gloucester County in an effort by police enforcement to crack down on child pornography in late 2008. The man could face five years probation and would have to avoid social networking and file-sharing sites during that time. His attorney has called attention to the seriousness of even accidentally downloading child porn images and the importance of reporting the incident to law enforcement immediately.

If you have been accused of an internet sex crime or of downloading or distributing child pornography, a qualified criminal defense attorney can help you face these serious charges while defending your constitutional rights.