Tennessee Criminal Lawyer Blog

Whether sent by mail or by computer, distribution of child pornography is a federal crime and a sex crime in Tennessee.

Under 18 USCS § 2252A, it is unlawful for any person to knowingly mail, ship or distribute child pornography using any means including a computer. It is also a crime to knowingly reproduce or copy child pornography for distribution through the mail or by computer.

A person accused of distributing child pornography has available to him certain affirmative defenses. Basically, an affirmative defense is when you admit the material allegations of the prosecution’s complaint but provide additional facts establishing some legal justification or excuse for engaging in the otherwise unlawful act. For charges of distribution of child pornography, it is an affirmative defense that all persons used during the production of the alleged child pornographic material were 18 years of age or older.

The consequences for child pornography are quite severe. For the first offense, the minimum sentence is five years in prison, and the maximum sentence is 20 years. However, if the defendant had been convicted of a sexual offense prior to the current charges, then the minimum sentence is increased to 15 years with a maximum of 40 years. Fines, probation and supervised release may also be involved.

Simply being charged with a sex crime can have a devastating impact on your career and reputation. As with any sex crime offense in Tennessee, it is important that you act fast and hire an experienced attorney who can mount a strong defense. At Baker Associates, our skilled Knoxville criminal defense attorneys have that experience and can assist you in reaching the best possible solution to the charges levied against you. If charged with a sex crime in Tennessee, please give us a call.