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A person violates 18 U.S.C. § 2252A, the federal child pornography statute, by knowingly doing any of the following:


  • Mailing, transporting, shipping, or using the internet to send any child pornography in or affecting interstate or foreign commerce;


  • Receiving or distributing any child pornography or any material that contains child pornography that has been mailed, shipped, transported, downloaded or emailed in or affecting interstate or foreign commerce computer;


  • Reproducing by any means any child pornography for distribution through the mails or the internet in or affecting interstate or foreign commerce;

“A charge of child pornography is quite complex—I revel in complexity.”  Lisa Witt

  • Advertising, promoting, presenting, distributing, or soliciting any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is or contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct  by using the mails, the Internet, or any other means in or affecting interstate or foreign commerce;


  • Selling or possessing with the intent to sell any child pornography as described above through the mails, the internet or any other means in or affecting interstate or foreign commerce;


  • Possessing or accessing with intent to view any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography;


  • Distributing, offering, sending, or providing to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct in or affecting interstate or foreign commerce for the purpose of inducing or persuading a minor to participate in any activity that is illegal; or

“Just because it’s on your computer does not mean you’ve committed a crime.”  Lisa Witt

  • Producing or distributing with intent to distribute child pornography that is an adapted or modified depiction of an identifiable minor in or affecting interstate or foreign commerce.


18 U.S.C.A. § 2252A(b)(1) provides various punishments ranging from a fine and imprisonment for not less than 5 years to 40 years imprisonment if the person has a relevant prior conviction.  A person may also be sued civilly by anyone who is aggrieved by the person’s conduct.



As shown above, merely possessing or viewing child pornography is a serious federal crime.  Lisa is a detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Conduct described is not child pornography:  The conduct described in the indictment may not fit the statutory definition of child pornography.


  • No intent to commit child pornography:  The government may not be able to prove intent beyond a reasonable doubt to prove child pornography.


  • Entrapment:  The government may have entrapped you into conduct involving child pornography.


  • Government witnesses are not credible:  The government’s witnesses may be mistaken or lying about what happened.


  • Affirmative statutory defenses may apply:  Only adults were used to produce the pornography or you possessed less than three images of child pornography and promptly informed the police about it.


  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted. 


  • Implausibility of government’s concept:  The government’s concept of the scenario may be implausible based on the timeline or other evidence.


  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.


  • Suppression of government’s evidence:  The government may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.


  • Insufficiency of government’s evidence:  The government may have insufficient evidence to prove child pornography beyond a reasonable doubt.


  • Prosecutorial misconduct:  The prosecutor may have committed misconduct in disclosing the evidence, interviewing witnesses and victims, or in general with your case.


  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same child pornography charge.


  • Possible other defenses to child pornography:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa employs logical, bottom line analysis while thinking outside the box so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of child pornography, it’s very important to hire a thorough and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona child pornography defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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