Thursday, December 16, 2010

Federal Child Pornography Statutes and Prosecutions

The elements of proof for most of the federal child pornography statutes are very similar, and with regards to the mens rea showing required regarding knowledge about whether what is being received, possessed or distributed is child pornography, the statutes are essentially identical.  For example to prove a violation of § 2252A(5)(B), the basic violation providing the lowest sentencing exposure for mere receipt or possession of child pornography,  the government must prove all of the following essential elements beyond a reasonable doubt:

First: That the Defendant knowingly received or possessed an item or items of child pornography, as charged;

Second: That such items of child pornography had been transported, shipped or mailed in interstate or foreign commerce, including by computer, as charged; and

Third: That at the time of such reception or possession the Defendant believed that such items constituted or contained child pornography . . .

For more information visit H. Manuel Hernandez, P.A.

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553   

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