An aggravating factor is something present during a criminal offense that makes it more severe than usual. Child pornography is already seen as one of the most serious crimes, so what factors could cause the defendant to face aggravated charges and enhanced penalties? Let’s discuss.
1. The Nature of the Explicit Content
Photos or videos that depict children in especially provocative ways can lead to enhanced penalties. Additionally, the age of the child or children in the content is a factor. While child pornography charges are applicable to anyone under 18 years of age, penalties may increase if the content shows a minor aged 12 or younger.
Additionally, if the content shows any violence toward the minor, this is an aggravating factor.
The amount of child pornography in the defendant’s possession can elevate the charges. For example, five photos is much less severe than hundreds of downloaded videos.
Still, any amount of child pornography found in one’s possession can result in felony or federal charges.
3. Distribution of Content
If the defendant not only possessed child pornography but also distributed it to others, it can lead to enhanced penalties.
This may be:
- Showing someone else the content
- Sending it to other users online
- Uploading the content to forums or websites
- Charging money in exchange for the content
4. Previous Charges
If the defendant has a prior record of inappropriate conduct involving minors, this will be factored into charges and sentencing for their most recent child pornography case.
Federal Child Pornography Defense
If you have recently been accused of possessing, distributing, or producing child pornography, it is in your best interest to contact our team at The Law Offices of Howard J. Weintraub, P.C. today. It is extremely difficult to fight these serious accusations, but our experienced defense attorneys know what it takes to obtain the best possible outcome. Call us at (404) 907-1536 to share more about your situation so we can get started on crafting the strongest possible defense.