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Federal Child Pornography Lawyer

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Federal Child Pornography Lawyer

Federal & State Child Pornography Lawyer | Serving Michigan & Nationwide

If you are facing child pornography charges in Michigan or throughout the US, you are likely feeling overwhelmed and unsure about which steps to take next. Child pornography charges can lead to convictions that have serious associated consequences, such as long prison sentences and mandatory registration as a sex offender. Therefore, it is critical to work with a Michigan child pornography lawyer from SBBL Law who can help you fight back against your charges.

The dedicated criminal defense team at SBBL Law is devoted to defending clients in state courts throughout Michigan, in addition to federal courts nationwide. Our skilled and empathetic team is here to help you navigate the criminal defense process, communicating proactively with you and other stakeholders and advocating fiercely on your behalf. With combined decades of experience and an unusually high success rate, we can help you fight your charges.

Leading Child Pornography Defense Lawyers at SBBL Law

SBBL Law works on cases related to criminal defense in the state of Michigan and in federal courts. This means that our time and resources are dedicated to defending clients against charges they are facing and helping them stand up against the power of the government. Our dedicated and skilled team has combined decades of experience taking on sex offence cases, including working to successfully defend clients against child pornography charges.

Our team is led by former FBI Special Agents, federal prosecutors, and Army JAGs who are deeply aware of the intricate nature of the criminal justice system. We leverage tactical legal strategies to counter those of government prosecutors, working to customize optimal legal defenses. From challenging an illegal search and seizure to presenting key evidence on your behalf in trial, we can employ strong tactics to fight your child pornography charges.

What You Can Expect: State Child Pornography Charges

Individuals facing child pornography charges in the state can face serious negative consequences if they are ultimately convicted. Michigan child pornography charges usually involve the possession, distribution, or production of material that involves a sexually explicit depiction of minors. The criminal penalties for child pornography charges involve long prison sentences, large fines, and mandatory registration as a sex offender.

Michigan Child Pornography Definition

Michigan law defines child pornography under MCL 750.145c as any material that shows a minor who is involved in sexually explicit conduct or displaying the genital/anal area in a sexual manner. Child sexually abusive material, otherwise known as CSAM, involves any depiction, such as drawings, videos, photographs, or any other form of material that depicts a child involved in sexual behavior or includes the lewd exhibition of the genitals.

Sexual acts that are considered to be of pornographic nature under this statute include sexual intercourse, sadomasochistic abuse, masturbation, erotic nudity, and bestiality. For the purposes of the statute, a minor is an individual who is under the age of 18 years. Minors are considered unable to consent to creating pornography or engaging in sexual conduct with an adult in any way.

Potential Criminal Penalties for Child Pornography Charges

Individuals who are facing child pornography charges could potentially face severe sentencing. By working with a skilled criminal defense lawyer, they can understand what penalties their charges may equate to based on the details of their case. The penalties for child pornography crimes are detailed in MCL 750.145c.

Team Leader

Heath M. Lynch

Criminal Defense Attorney, Partner

616-458-5500

Team Leader

Michael R. Bartish

Criminal Defense Attorney, Partner

616-458-5500

Team Leader

Gary K. Springstead

Criminal Defense Attorney, Partner
231-924-8700

Possession of Child Sexually Abusive Material (CSAM)

Individuals who are found guilty of being in possession of CSAM can face time in prison for up to four years, with a maximum fine of $10,000. If the material involved in this crime is particularly offensive or involves large amounts of material, the maximum prison sentence is 10 years, with fines of up to $50,000.

Creation, Distribution, or Promotion of Child Pornography

Individuals who are charged with creating or being actively or passively involved in the production or reproduction of CSAM could face a maximum time in prison of 20 years and be fined up to $100,000. If the sexually abusive material involves factors that are particularly egregious or contains more than 100 images, defendants can face a maximum of 25 years in prison, with fines of up to $125,000.

Defendants who are charged with distributing, financing, promoting, or receiving sexually explicit content depicting minors for promotion or distribution can face up to seven years in prison, with a maximum fine of $50,000. Aggravated offenses or crimes involving bulk amounts of CSAM content can result in a maximum of 15 years in prison or a fine of up to $75,000.

Federal Child Pornography Charges

In addition to state charges for child pornography, federal charges commonly apply to such crimes. Federal charges tend to be associated with more severe penalties than state charges. These charges apply to the possession, distribution, and production of content with minors involved in a sexually explicit manner. Federal child pornography crimes fall under statutes like 18 U.S.C. §§ 2251-2256, which define child pornography crimes and list associated criminal penalties.

Federal child pornography crimes are associated with strict criminal penalties. Individuals found guilty of receiving, distributing, sharing, or possessing pornography with an intent to sell can face sentencing periods of five to 20 years. If they have a prior conviction, they face 15 to 40 years in prison. Those found guilty of possessing child pornography can face up to 10 years in prison, with increased sentences if there was a prior conviction or prepubescent minor involved.

Federal child pornography production crimes come with a potential sentencing period of up to 15 years. The federal government invests heavily in the criminalization of child pornography, using large amounts of resources to investigate such crimes and identify and arrest perpetrators.

Federal Crimes Involving Child Exploitation

Those charged for crimes related to child pornography may also commonly receive child exploitation charges. Federal code 18 U.S. Code § 2251 defines the sexual exploitation of children as the sex trafficking of children, involvement of children in pornographic materials, and other types of sexual abuse of minors. Those found guilty of a child exploitation crime can face 15 to 30 years in prison, with aggravating factors increasing the sentencing.

Team Leader

Heath Lynch

Criminal Defense Attorney, Partner

616-458-5500

Team Leader

Michael Bartish

Criminal Defense Attorney, Partner

616-458-5500

How Can a Child Pornography Lawyer From SBBL Law Support My Case?

At SBBL Law, our dedicated and experienced lawyers employ a client-based approach in which we work one-on-one with you to understand and address your concerns and case goals. We can work hard to fight for optimal case outcomes, seeking acquittal and working to get your charges or sentencing minimized. We can help you navigate the highly complex criminal defense process in the state of Michigan by supporting you with the following:

  • Evaluating your case. An attorney from our team can work to thoroughly investigate the details of your case. We can strive to leave no detail untouched as we investigate all the aspects of the case and determine the quality of the prosecution’s evidence against you.
  • Informing you of your rights. If you are facing serious criminal charges, it is critical to be aware of your rights under the law. A dedicated lawyer from our firm can help ensure that your rights are protected before, during, and after the criminal investigation process. Furthermore, we can give you guidance to ensure that you do not unintentionally implicate yourself.
  • Helping you understand your charges. As child pornography charges in the state are complex, it can be difficult to understand the potential penalties you may be facing. A compassionate lawyer from our firm can analyze your charges and the subsequent criminal code, helping you understand the potential penalties that you could be facing.
  • Developing a strong legal defense. Based on your concerns and goals, as well as the minute details of your case, we can work together to create and implement an optimal criminal defense strategy to strive for positive outcomes.
  • Working to suppress evidence. If a lawyer from our firm uncovers that evidence against you was seized or obtained in an unlawful manner, we can file a motion to have that evidence suppressed. In some cases, after certain evidence is suppressed, charges can be completely dropped.
  • Negotiating a plea deal. In some cases, it may be ideal to negotiate with prosecutors to have your charges reduced or penalties minimized and move toward an optimal outcome. A criminal defense lawyer from SBBL Law can employ strategic negotiation tactics to advocate for a fair and just outcome on your behalf.
  • Representing you in court. If your case goes to trial, our fierce litigators are ready to champion your case, bring forward robust evidence and legal arguments, and work to challenge the prosecution’s case to yield positive case outcomes.

At SBBL Law, a diligent and compassionate child pornography criminal defense lawyer is ready to thoroughly investigate your case, understand the associated details, and work to design and implement an effective defense strategy that achieves the outcomes you need. We can leverage transparent communication throughout your case, tackling complex legal and bureaucratic details for you while keeping you informed and updated about your case and your rights

Defense Strategies Against Child Pornography Charges

If you are facing child pornography charges in Michigan or federal charges nationwide, it is critical to work with an experienced and fierce criminal defense lawyer who knows how to create a strategy tailored to the circumstances of your case. A compassionate and skilled lawyer from SBBL Law can help you by working to develop a strong defense strategy. There are many routes we may take, including:

  • Challenging the evidence. As many child pornography cases are based on digital evidence, our legal team commonly works with forensic experts to challenge the authenticity of the evidence being used against you.
  • Calling search and seizure procedures into question. Under the 4th Amendment of the US Constitution, individuals have certain rights during search, seizure, and handling processes. If your rights were violated, a lawyer from our firm can call into question the manner in which these procedures were conducted, showing breaches in protocol and working to suppress this evidence.
  • Demonstrating a lack of intent. A lawyer from our firm can work to prove that the content you were accused of possessing was downloaded or streamed by accident. We work with computer forensic experts to retrace your computer history, showing that your actions or search history leading up to the alleged criminal action do not align coherently.
  • Insisting on false allegations. Oftentimes, defendants are charged with child pornography crimes that are associated with a computer or digital device accessed by multiple individuals. In this case, we can work to show that there is no evidence beyond a reasonable doubt to prove you were the user who committed these crimes.
  • Negotiating or pursuing a plea deal. In cases where the prosecution’s evidence is overwhelmingly strong, it may be ideal to negotiate the initial charges down or work to achieve a plea bargain. In some instances, this may be the most effective strategy to reduce your charges or minimize your penalties.

Ultimately, a skilled and dedicated criminal defense lawyer from SBBL Law can litigate aggressively on your behalf in the courtroom. We can execute a robust defense strategy, work to prove that your case cannot be proven beyond a reasonable doubt, and strive to protect your rights and freedom throughout the criminal defense process.

Sex Offender Registration in Michigan

Individuals who are convicted of child porn offenses must register as sex offenders under the state sex offenders registration act, also known as SORA. Specifically, in Michigan, MCL 28.723 specifies that all individuals who are convicted of child pornography crimes will need to register as sex offenders. Federal child porn offenders must register under the Sex Offender Registration and Notification Act (SORNA). The registration process and details include:

  • Initial registration. Individuals who have been convicted or released from custody will need to register as soon as possible as a sex offender with the state, usually within three days. Individuals registering must do so at the local law enforcement agency where they are working, living, or studying.
  • Information provisions. Sex offenders will need to provide personal information during the registration process, including their full name, date of birth, social security number, an up-to-date photograph, their physical description, and home address. Furthermore, they will need to give their employment or education information, as well as vehicle information.
  • Regular updates. Depending on the tier classification of the sex offender, they will need to update their information once a year, twice a year, or four times a year. Any time a change is made to this personal information, they have three days to report it. To report this information, registered sex offenders must physically appear at the local law enforcement agency.
  • Penalties for noncompliance. Those who do not adequately comply with these registration laws can face further criminal charges, which can result in imprisonment and fines.

If you are facing difficulties understanding your legal requirement to register as a sex offender, need support throughout the registration process, or are dealing with subsequent criminal charges, a dedicated criminal defense lawyer from SBBL Law can provide you with the legal support you need.

Sex Offender Tier Classification

In Michigan, under MCL 28.722, sex offenders are categorized into three different tiers, which have varying requirements for registration, as well as registration lengths. Individuals who are convicted of child pornography charges are classified under Tier I, Tier II or Tier III sex offender status. By understanding which tier you fall under, you can determine for how long and how frequently you will need to update your personal information.

Tier I child pornography offenses involve the possession of sexually abusive material involving children, described under MCL 750.145c. Tier I offenders are required to be registered in the state for 15 years, with the mandate of annually updating their personal information. Information must be personally updated at a local law enforcement agency each year.

Sex offenses that are classified as Tier II are more severe than Tier I offenses and include certain forms of abuse or sexual exploitation. Those convicted of a Tier II sexual offense will need to be registered for 25 years in the state. Additionally, they will be expected to verify their information with their local law enforcement agency every six months.

Tier III sex offenses are classified as the most severe and can include aggravated sexual abuse and rape. Tier III sex offenders must be registered for the rest of their lives. They will also need to report every three months to their local law enforcement agency to verify their personal information.

Being classified as a sex offender can put serious restrictions on the type of work you can be involved in, where you can live, and even where you are allowed to go. Further, sex offender registration can have serious social consequences, as information is publicly accessible. Therefore, if you are facing child pornography charges, it is important to work with skilled and experienced legal representation as soon as possible to help minimize the penalties.

What Should I Do if I Am Charged with Child Pornography Charges?

If you are facing child pornography charges in Michigan, it is of utmost importance to obtain empathetic and experienced legal representation as soon as possible. They can help you understand the implications of your case and charges, work to protect your rights, and fight back with a comprehensive legal strategy. It’s important to note that the earlier you get a criminal defense lawyer involved in your case, the better chances you have at a favorable outcome.

As soon as you suspect that you are under investigation for child pornography or if you’ve been arrested, it is important not to speak with law enforcement officials or other investigators without having a criminal defense lawyer present. As any statements you make can and may be used against you in court, it is crucial to politely decline to answer any questions until you have legal representation present.

Take note of any crucial evidence you may have that could support your defense and work to save or preserve it. For example, if you have any available documents, emails, or communications that could prove your innocence, such as by showing your lack of intent or knowledge, it is critical to keep and store this evidence in a safe place. Be sure to present it to your criminal defense lawyer as soon as you are in contact with them.

It’s important to note that if you alter, delete, or destroy any evidence that could potentially be used against you, this could lead to further legal charges. Work closely with your criminal defense lawyer to understand their advice, as following their counsel accordingly is recommended.

For instance, the instructions they give you regarding document submissions, court appearances, or strategies during legal proceedings are incredibly valuable. By diligently following their guidelines, you can optimize your case outcomes.

Secure Strong Defense Against Your Child Pornography Charges

Because the stakes are so high for those facing child pornography charges, our dedicated legal team is ready to put all our resources behind your defense to help you fight back. Together, we can analyze the details of your case, consider your concerns and goals, and help you implement an optimal criminal defense strategy going forward. Contact a child pornography lawyer from our team today to begin launching your defense.

Where We Practice

Our criminal lawyers represent clients in nationwide federal criminal cases and Title IX investigations, and we regularly appear in courts throughout Michigan:

  • U.S. District Court for the Western District of Michigan (federal court in Grand Rapids, Kalamazoo, Lansing, Marquette)
  • U.S. District Court for the Eastern District of Michigan (federal court in Detroit, Ann Arbor, Bay City, Flint, Port Huron)
  • Kent County (Greater Grand Rapids, Walker, Wyoming, Kentwood, Grandville)
  • Newaygo County (White Cloud)
  • Ottawa County (Hudsonville, Holland, Grand Haven)
  • Allegan County
  • Barry County (Hastings)
  • Muskegon County
  • Oceana County (Hart)
  • Mecosta County (Big Rapids)
  • Ionia County
  • Montcalm County (Stanton)
  • Clinton County (St. Johns)
  • Gratiot County (Ithaca)
  • Eaton County (Charlotte)
  • Ingham County (Lansing, East Lansing, Mason)
  • Jackson County
  • Calhoun County (Battle Creek)
  • Kalamazoo County
  • Van Buren County (Paw Paw, South Haven)
  • Mason County (Ludington)
  • Lake County (Baldwin)
  • Osceola County
  • Berrien County (St. Joseph)
  • Washtenaw County (Ypsilanti, Ann Arbor)
  • and elsewhere throughout Michigan.

If you or someone you know is looking for a criminal defense attorney, call now for a free consultation (616) 458-5500 or (231) 924-8700 or connect with us online.

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Our Locations

616-458-5500
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60 MONROE CENTER ST NW #500
GRAND RAPIDS, MI 49503

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28 W. MAIN STREET
FREMONT, MI 49412