Protection From False Allegations Of Child Sex Abuse

Child pornography and other computer crimes can be charged under Massachusetts law or federal law. Both systems impose harsh penalties for child pornography. In Massachusetts, a conviction can result in anywhere from two-and-a-half years to 20 years in prison, depending on the charge. Under federal laws, a conviction could result in up to 30 years in prison, with little to no opportunity for early release.

The state and federal systems differ in important ways. Your attorney needs to understand these differences and build your defense accordingly.

At Carney, Gaudet & Carney, located in Boston, we have decades of experience defending clients against computer-related offenses in both state and federal court. We are known for our innovative defense strategies and our ability to get results. We can help you.

Video Transcript

Our caseload in child pornography is about 10% of the cases we have. They are being prosecuted much more frequently than ever before. We know how to handle them well, whether in state or federal court. The result in these cases will have a significant effect on you, so you want a law firm that can do the best work for you. In fact, twice in the last five years, I’ve been asked to address a national conference of criminal defense lawyers on recent developments in handling child pornography cases.

Federal Child Pornography Crimes

The federal government prosecutes child pornography offenses under various statutes. The main federal charges include:

• Production (18 U.S.C. § 2251(a)): This involves creating, directing or producing visual depictions of minors engaged in sexually explicit conduct. The statute covers inducing or coercing minors to participate in such conduct. Production charges carry 15-30 years imprisonment and lifetime supervised release.
• Distribution (18 U.S.C. § 2252(a)(2)): This encompasses knowingly distributing or transferring materials across state lines, including uploading to sharing platforms. Penalties include five to 20 years imprisonment and a minimum of five years supervised release.
• Receipt (18 U.S.C. § 2252A(a)(2)): This involves knowingly receiving or attempting to receive materials. It is often charged alongside possession offenses and carries five to 20 years imprisonment and a minimum of five years supervised release.
• Possession (18 U.S.C. § 2252(a)(4)(B)): This relates to knowingly possessing or accessing materials, including digital files stored on devices or cloud storage. Penalties include up to 10 years imprisonment and supervised release.

Our deep understanding of these distinctions allows us to challenge the prosecution’s evidence effectively while identifying potential constitutional violations.

Federal Sentencing Guidelines

The federal sentencing guidelines significantly impact potential sentences through various enhancements. While judges have the discretion to deviate from these guidelines, most sentences fall within the recommended range. Common enhancements consider:

• Image content and nature
• Total number of images
• Use of computer or technology
• Age of victims
• Presence of violence
• Distribution methods

Our extensive experience with federal sentencing allows us to present compelling arguments for sentences below the guideline range when appropriate.

Protecting Your Fourth Amendment Rights

To charge you with child pornography, online solicitation of a minor and other computer crimes, prosecutors must have evidence. This requires digging into your personal computer files and monitoring your online behavior, which can often result in a violation of your Fourth Amendment rights.

When defending against a computer-related sex crime, we thoroughly examine the circumstances surrounding your arrest. If police lacked probable cause to search your home and your computer files, we will fight to have evidence withheld and charges dismissed.

We also make sure you are viewed as a person – not a case. When you come to our office, one of the first things we will ask of you is to write down your life story. Why? Because we want to know you on a personal level – and we want the prosecutor, judge and jury to know you as a person too.

Why Choose Us

Our firm stands apart through the leadership of J.W. Carney Jr., recognized as one of the most successful criminal defense attorneys in Massachusetts and across the nation. With over four decades of proven results, attorney Carney has built a reputation for innovative defense strategies in complex federal cases.

Our work in child pornography cases spans both state and federal courts, with favorable outcomes through strategic intervention, constitutional challenges and effective negotiations with prosecutors. Our approach combines aggressive defense with the discretion these sensitive cases demand.

When We Ask Questions, We Believe Your Answers

As your lawyers, it’s our job to believe you – and make others believe you too. We never doubt your innocence. Instead, we fight to protect your innocence and ensure your constitutional rights are protected.

Are You Being Investigated For A Computer Crime?

If you are under investigation for child pornography or another computer-related crime, you need legal help now. Do not wait until formal charges have been filed. There are steps we can take to mitigate the consequences and shield you from liability.

For more information about our services, call 617-812-8791 or contact us online.