DC Child Pornography Cases
DC child pornography cases involve complex federal and district laws that make navigating them difficult. Therefore, it is important to work with a skilled attorney if you are facing these charges.
A dedicated child pornography attorney can work to build a strong defense for your case. Throughout the legal process, a lawyer can advocate on your behalf to give you the best chance of a positive outcome.
Agencies Involved in Child Pornography Cases
The main investigating agency in child pornography investigations in Washington DC is usually the Federal Bureau of Investigation (FBI) because many child pornography investigations are federal investigations. This is because many child pornography investigations involve allegations or the suspicion of people downloading child pornography from the Internet and Internet crimes are usually federal crimes.
The Metropolitan Police Department (MPD), which is the main Washington DC police agency may also be involved in child pornography investigations. It is also common to have the US Attorney’s Office working in conjunction with law enforcement agencies such as the FBI or the MPD because they are the prosecuting agencies that most commonly bring charges in child pornography cases.
Where are DC Cases Heard?
Both federal laws and DC laws criminalize child pornography. Therefore, a child pornography charge could be brought in federal court or DC court. Federal child pornography charges criminalize possessing, receiving, distributing, copying, or advertising images containing sexual profiles of minors less than 18 years of age. When child pornography charges involve the downloading of images or movies on the Internet, these types of allegations are most commonly investigated by federal law enforcement agencies and prosecuted in federal court. The federal penalties may be different from the DC penalties even for conduct that almost identical.
Under DC law, it is similarly illegal to produce, distribute, receive, or possess an image of child pornography involving a minor less than 18 years of age. Additionally, it is illegal to persuade, entice, or coerce a minor to engage in sexually explicit conduct with the intent of producing visual depictions of that conduct. A person can only be charged in DC court on child pornography charges if the offense took place in the District of Columbia. That means a person in possession of child pornography in the District of Columbia or who produced child pornography in the District of Columbia may be charged in the District. When none of the actions took place in DC, the DC courts do not have jurisdiction to preside over those offenses.
It is also important to note that, under DC law, someone cannot be prosecuted for possessing a depiction of a sexual performance of a minor when:
- They are a minor
- They are an adult not less than four years older than the minor
- The minor portrayed in the depiction consented to the picture being taken
An attorney can further explain where a DC child pornography case may be tried.
Learn More About DC Child Pornography Cases from an Attorney
Due to the nature of the offense, it can either be charged in federal or DC court. DC child pornography cases are complex and can result in serious penalties. Therefore, it is critical anyone facing these allegations reaches out to an experienced attorney. Call today for a free consultation to get started on your case.