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  1. #1
    Join Date
    Jun 2016
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    2

    Default Child Pornography Sentencing

    My question involves criminal law for the state of: U.S. Federal Law

    Hypothetically if I were to download a single nude image of a lady who is 17 years and 11 months old and then immediately deleted it, what sentence would I be likely to receive if I was prosecuted for "receipt of child pornography?" Would it have to be the federal mandatory minimum sentence of 5 years in prison for receipt of child pornography as listed here:

    https://www.justice.gov/criminal-ceo...ld-pornography

    Or, would the fact that I downloaded only a single image and the girl was above the age of consent in my state and it didn't look like "child porn" because she was almost 18 and the fact that I deleted it immediately after receipt factor into reducing the sentence? Would I be likely to get jail time? Thanks for your feedback.

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Child Pornography Sentencing

    If you were convicted of violating the federal child porn statute, the court must impose no less than the minimum sentence of 5 years in federal prison and may impose up to 20 years in prison. The DOJ would not generally go after downloading a single image accidentally if the image is promptly deleted; the image you describe likely not draw the interest of federal prosecutors. However, there is always the risk of a prosecutor deciding to go for prosecution even with a single image; the details of the image and how you got possession of it would matter. If you do get prosecuted then you face an extremely serious charge and should definitely consult a good criminal defense lawyer.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Child Pornography Sentencing

    If you are convicted of a crime that carries a five year mandatory minimum sentence, you can expect to receive a five year mandatory minimum sentence.

    It is very obviously unlikely that you would be prosecuted under the fact scenario you have provided.

  4. #4
    Join Date
    Jun 2016
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    2

    Default Re: Child Pornography Sentencing

    So if someone sent me a picture like this, I could be prosecuted and sent to jail for five years just for being sent the picture even if I delete it immediately?

  5. #5
    Join Date
    Sep 2013
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    312

    Default Re: Child Pornography Sentencing

    Quote Quoting shd54
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    So if someone sent me a picture like this, I could be prosecuted and sent to jail for five years just for being sent the picture even if I delete it immediately?
    Hypothetically, sure.

    Hypothetically.

    If this were an actual scenario, with actual details, this might change.

  6. #6
    Join Date
    Oct 2014
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    8,238

    Default Re: Child Pornography Sentencing

    Quote Quoting shd54
    View Post
    So if someone sent me a picture like this, I could be prosecuted and sent to jail for five years just for being sent the picture even if I delete it immediately?
    Possibly, yes. As I indicated earlier, as you described it is very unlikely that a federal prosecutor would pursue it. But all the details involved matter in how the prosecutor will act.

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