Why are there so many child pornography arrests?
Not a day goes by that someone is not arrested for either possession of child pornography or transmission of child pornography images. This is a phenomena and direct product of the computer age. If you go back twenty years, most of the arrests for child pornography were by Federal Authorities and dealt with child pornography in the form of movies, photographs, magazines that were imported and sold for a price. The United States Customs department and the FBI worked most of the cases. With the advent of the computer age, child pornography from around the world is available with simply the click of a mouse. The smuggling aspect of it as well as the economic motive no longer is the prime driving force. Most child pornography is free and exchanged by millions of people around the world.
Child pornography can take a number of different forms. It can be something as simple as nude pictures of teenage girls in compromising poses to real hardcore sexual abuse of infants and prepubescent children. The desire to look at child pornography can and often does date back to something that happened in childhood. As a Florida sex crime lawyer, it has been my observation that many times it goes back to something that happened to that person as a child. They may well have been sexually molested themselves. It may well be a psychological product of sexual trauma inflicted on them by a parent, relative or friend of the family.;
It is in many cases a treatable illness. The problem is that the Federal Authorities feel that the only way to deal with this illness is to lock people away in Federal prison for decades. The penalties if you get arrested by the FBI are horrible. I have defended educated people like doctors and lawyers who found themselves the victim of Federal prosecution for what was basically a weakness created by something in their own childhood. Incarceration is not the answer. Treatment is a far better and more cost efficient alternative. In defending child pornography cases I try and address the cause of a person’s problem and not necessarily the symptom, like possession of the kiddie porn.
The Federal Sentencing Guidelines and the Federal Laws provide for mandatory minimum sentences, long prison terms and lifetime registration as a sex offender. As an experienced Florida child pornography lawyer I have a twofold approach to defending these cases. Do not assume that it is hopeless. There are technical defenses to these types of cases. They can be won. In cases where the evidence is hopeless (which I never assume) you may be able to convince the Court that a downward departure from the guidelines is appropriate and treatment is a better alternative. In the blogs to follow I will try and explain how the prosecutions come about, how they are defended and ways to lessen the impact of being charged in either the Federal or State Courts.
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