This post analyzes the roles of the state and federal government in prosecuting possession of child porngraphy cases in the state of Texas.
The state system provides for more lenient sentences on child pornography cases when compared to the federal system. However, state prosecutors are removing this edge through the use of motions to stack sentences. This blog discusses the use of stacking motions in the state system for child pornography prosecutions.
The child pornography statute requires the government to prove the defendant was in knowing possession. This element is crucial in defending clients who accidentally download contraband through the use of unregulated peer to peer networks. This blog looks at the knowledge requirement, and the forensics needed to effectively negate the knowledge element.
The guideline range is the starting point for sentencing a criminal defendant. However, there are multiple avenues at a defense attorneys disposal to argue for a sentence below the recommended range. This article examines the commonly used tactics to get the least severe sentence for a federal client.
In 1987, the United States Congress passed the first sentencing guidelines to end the sentencing disparity seen throughout the federal system. These guidelines stripped the district court of most of their discretion in sentencing federal criminal defendants. This post looks at the 2016 Sentencing Guidelines with a focus on criminal tax and child pornography cases.
The following cases highlight the threshold the prosecution must meet to justify a conviction for distribution of child pornography in cases involving the defendant’s use of a peer to peer network. The ultimate question is at what point does a person move from possession of child pornography to distribution of child pornography when using a file sharing program? This blog post examines that fine line, and the consequences for crossing it.