Military Child Pornography Defense Lawyers | UCMJ Defense - Court Martial

Call our Experienced Military Child Pornography Defense Lawyers if You are Accused of Child Pornography – Article 134 UCMJ

Child Pornography, To Catch a Predator, & Internet Sex Crimes

A child pornography charge carries significant jail time and sex offender registration. The general public has a knee-jerk emotional reaction when learning about a child pornography charge against a community member. The bottom line is defendants in internet crime cases are innocent until proven guilty. The public’s rush to judgment does not guarantee the defendant will be found guilty in a court of law. If adequately defended by a skilled court-martial defense attorney, some child pornography and internet sex crime case can be won.

The Stakes are High in Child Pornography Cases

If you are accused of a child pornography crime or a related internet crime, you should know the punishment for being found guilty is quite severe. A guilty verdict will change your life for the worse in the years and decades to come. Punishment for child pornography and internet sex crimes range from extensive confinement to a punitive military discharge, mandatory sex offender registry, preclusion from qualifying for specific jobs, and even preclusion from living in the vicinity of a school.

The context largely shapes the penalty for an individual found guilty of a child porn crime.

There are separate penalties for cases heard in federal court and state court. The Department of Justice usually pushes for multiple years in jail following a guilty verdict. Even simple possession of child porn can lead to a jail sentence of several years. An individual found guilty of distributing child porn or receiving child porn will face a minimum of a five-year sentence with the potential for it to extend up to 20 years.

However, if the defendant is not a first-time offender, the penalty is even harsher. Military defendants with a prior conviction might be sentenced to 40 years of jail time. Everyone accused of a child porn crime should be aware that such cases can start at the state level and move up to the federal level, making the penalty for a guilty verdict that much more severe. This is precisely why you need a proven child pornography criminal defense attorney in your corner.

The Subtleties of the Evidence Matter a Great Deal

The unique facts of your child pornography case are of the utmost importance. You need and deserve a fully customized legal defense strategy tailored to the specifics of your case. However, some internet crime attorneys are unwilling to invest the time, effort, and research necessary to custom tailor a legal defense to each client’s unique case. Meet with a child pornography defense lawyer who has a track record of success defending individuals against these serious charges, and you stand a decent chance of retaining your freedom with minimal or even no penalty.

Child Pornography Defense Strategies are Available

The subtleties of your child porn case ultimately dictate which legal strategy will prove optimal. An experienced internet crimes defense attorney will analyze your case’s details and determine the best legal defense strategy.

For example, someone might have planted child pornography on your phone, computer, or another device. Perhaps a vindictive ex-spouse or co-worker planted the illegal material on your computing device. It is also possible a roommate or another visitor used your web-connected computing device to download child porn or other illicit materials.

Perhaps you mistakenly left your wireless internet connection open for anyone in the area to use. Such an unsecured connection sets the stage for others to use your wireless internet to download child porn through your unique IP address. Though it rarely occurs, there is even the potential for police to put child porn on a computer or other computing device to frame the defendant.

Don’t assume you will automatically be found guilty simply because you have been charged with child pornography. An experienced attorney will analyze all the subtle details of your case to craft the optimal legal defense that ultimately helps you beat the charge and return your life to normal.

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The Quality of Your Court-Martial Attorney Often Impacts Your Outcome

If you are accused of a child pornography offense of any type, your life chances hang in the balance. This is precisely why you need an elite child pornography defense attorney who will fiercely advocate on your behalf to reduce the charges or have them eliminated. Rely on a savvy internet crimes defense lawyer, and there is a good chance you will retain your freedom through a dismissal of the charge or a withdrawal of the charge.

If the case goes to trial, your attorney will zealously advocate on your behalf to prove your innocence, obtain an acquittal, negotiate for a reduced charge or a decreased sentence.

Furthermore, if you are convicted of a military child pornography crime, your attorney might be able to get your conviction overturned through a legal appeal.

Hard-hitting Sex Crime Attorneys

Our team of hard-hitting sex crime lawyers has the training and firepower to aggressively represent you and your rights against military prosecutors. They are some of the most experienced in the field of sexual crime defense. Our criminal defense lawyers have decades of sex crime defense experience. So if you or a loved one has been accused of a sex crime such as child pornography, then act now! Our seasoned criminal defense attorneys will have your back.

There are four types of Child Pornography offenses under Article 134, UCMJ:

Possessing, receiving or viewing child pornography
Possessing child pornography with intent to distribute
Distribution of child pornography
Production of child pornography

The Maximum Punishment for Possessing, receiving or viewing child pornography, Article 134, UCMJ is:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement for 10 years
Reduction to the grade of E-1
If convicted of possessing, receiving or viewing child pornography, the service member will also have to register as a sex offender.

The Maximum Punishment for possessing child pornography with intent to distribute, Article 134, UCMJ is:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement for 15 years
Reduction to the grade of E-1
If convicted of possessing child pornography with intent to distribute, the service member will also have to register as a sex offender.

The Maximum Punishment for distribution of child pornography, Article 134, UCMJ is:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement for 20 years
Reduction to the grade of E-1
If convicted of distribution of child pornography, the service member will also have to register as a sex offender.

The Maximum Punishment for production of child pornography, Article 134, UCMJ is:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement 30 years
Reduction to the grade of E-1
If convicted of production of child pornography, the service member will also have to register as a sex offender.

Sample specification for possessing, receiving or viewing child pornography:

In that SO1 Bill Waxahatchee, US Navy, did at or near Norfolk, VA, on or about February 2, 2020, knowingly and wrongfully possess child pornography, to wit: six thousand (6,000) photographs of minors engaging in sexually explicit conduct, such conduct being to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Sample specification for possessing child pornography with intent to distribute:

In that SO2 Parker Lewis, US Navy, did at or near Norfolk, VA, on or about June 7, 2021, knowingly and wrongfully possess with intent to distribute child pornography, to wit: thirty seven pictures (37) of what appears to be a minors engaging in sexually explicit conduct, such conduct being to the prejudice of good order and discipline in the armed forces.

Sample specification for distribution of child pornography:

In that SO3 Steve Austin, US Navy, did at or near Norfolk, VA, on or about May 1, 2022, knowingly and wrongfully distribute child pornography, to wit: fifty (50) digital images of what appears to be minors engaging in sexually explicit conduct, such conduct being to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Sample specification for production of child pornography:

In that SO1 Nelson Crulson, US Navy, did at or near Norfolk, VA, on or about August 22, 2023, knowingly and wrongfully produce child pornography, to wit: ten (10) videos of minors engaging in sexually explicit conduct, such conduct being of a nature to bring discredit upon the armed forces.

Our Hard-hitting Child Pornography Defense Lawyers:

Check out our military law case results to learn more.

The aggressive court martial attorneys at Gonzalez & Waddington have developed a reputation for defending service members at US military installations across the globe, such as Hawaii. If you are under investigation for a military offense, retaining the most experienced court-martial attorney can be the difference between getting convicted versus winning your case or redeeming your career. In addition, our military lawyers represent people in UCMJ and administrative matters, including representing Coasties accused of sexual assault, adultery, BAH fraud, and other crimes under the UCMJ.

Unlike most civilian military lawyers or your assigned attorney, pleading guilty is not something we commonly recommend. Instead, our firm makes the prosecution prove their case beyond a reasonable doubt. Then, we take almost every allegation to trial and fight the allegations in front of a military panel.

Our trial victories speak for themselves. The suspected service member and his or her desired outcome is our primary concern. Our defense attorneys maintain smaller caseloads than the typical free US Army military lawyer to concentrate on every client on an individual basis. Your trial will not be outsourced to a third party, and we will not coerce you into a guilty plea at the last minute. Our court-martial defense attorneys have successfully fought US Army court-martial and administrative separation cases in the United States and worldwide.

Elements of possessing, receiving or viewing child pornography:

Each element must be proven beyond a reasonable doubt by the prosecution.

(1) That (state the time and place alleged), the accused knowingly and wrongfully (possessed) (received) (viewed) child pornography, to wit: __________; and
(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).

Elements of possessing child pornography with intent to distribute:

Each element must be proven beyond a reasonable doubt by the prosecution.

(1) That (state the time and place alleged) the accused knowingly and wrongfully
possessed child pornography, to wit: __________;
(2) That the possession was with the intent to distribute; and
(3) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).

Elements of distribution of child pornography:

Each element must be proven beyond a reasonable doubt by the prosecution.

(1) That (state the time and place alleged) the accused knowingly and wrongfully distributed child pornography, to wit: __________, to (state the name of the person to whom distributed); and
(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).

Elements of production of child pornography:

Each element must be proven beyond a reasonable doubt by the prosecution.

(1) That (state the time and place alleged) the accused knowingly and wrongfully
produced child pornography, to wit: __________; and
(2) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).

Military Sex Crimes, Penalties, & Legal Defenses

Our hard-hitting military attorneys and their victories speak for themselves from less aggressive attorneys.

If you or a loved one are suspected of a military sex crime or if you are facing an administrative discharge, non-judicial punishment, show cause board, letter of reprimand, then reach out to our military criminal defense attorneys now.

Child Pornography Offenses in the Military

Military laws include numerous sexual offenses. Military laws try to capture every possible human activity related to sexual misconduct and deviance. However, military sex crimes can be broken down into rape, sexual assault, abusive sexual contact, child sex crimes, indecent exposure, and child pornography offenses.

Our hard-hitting criminal defense attorneys and their victories speak for themselves from less seasoned lawyers.

If you or a loved one are charged with a military sexual offense or if you are facing an administrative separation, NJP, show cause board, letter of reprimand, then reach out to our military criminal defense attorneys right away.

The accused service member and his or her desired outcome is our main concern. Our criminal defense attorneys keep smaller caseloads than the average appointed military defense attorney so that we can concentrate on each case on an individual basis. Your case will not be outsourced to a random attorney, and we will not intimidate you into taking a dive at the eleventh hour. Our military lawyers have fought Army court-martial and administrative separation cases in the United States and worldwide.

Child Pornography Offenses court martial defense attorneys

Definitions and Other Instructions for Child Pornography Offenses:

“Conduct prejudicial to good order and discipline” is conduct that causes a reasonably direct and obvious injury to good order and discipline.

“Service discrediting conduct” is conduct that tends to harm the reputation of the service or lower it in public esteem.

NOTE 2:
Defining “child pornography.” The definition of “child pornography” used below will depend upon the evidence presented. The first definition below should be given where actual minors are in issue. The second definition below should be given where the depictions do not involve the use of actual minors, or there is some question as to whether actual minors were used in the depictions. If appropriate, give both definitions.

“Child pornography” means material that contains a visual depiction of an actual minor engaging in sexually explicit conduct.

“Child pornography” (also) means material that contains an obscene visual depiction of a minor engaging in sexually explicit conduct. Such a depiction need not involve an actual minor, but instead only what appears to be a minor. “Obscene” means that the average person applying contemporary community standards would find that the visual images depicting minors engaging in sexually explicit conduct, when taken as a whole, appeal to the prurient interest in sex and portray sexual conduct in a patently offensive way; and that a reasonable person would not find serious literary, artistic, political, or scientific value in the visual images depicting minors engaging in sexually explicit conduct.

“Minor” and “child” mean any person under the age of 18 years. “Sexually explicit conduct” means actual or simulated:
(a) sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(b) bestiality;

(c) masturbation;

(d) sadistic or masochistic abuse; or

(e) lascivious exhibition of the genitals or pubic area of any person.

NOTE 3. Lascivious Exhibition.
The following instruction on “lascivious exhibition” should be given when there is an issue as to whether an exhibition of the genitals or pubic area of any person was lascivious. Note that an exhibition of the genitals or pubic area may be lascivious even if those areas are clothed. Note also that nudity and sexually provocative depictions of minors that do not involve the exhibition of the genitals or pubic area of any person, or other sexually explicit conduct, are not child pornography.

“Lascivious” means exciting sexual desires or marked by lust. Not every exposure of the genitals or pubic area constitutes a lascivious exhibition. Consideration of the overall content of the visual depiction should be made to determine if it constitutes a lascivious exhibition. In making this determination, you should consider such factors as whether the focal point of the depiction is on the genitals or pubic area, whether the setting is sexually suggestive, whether the child is depicted in an unnatural pose or in inappropriate attire considering the child’s age, whether the child is partially clothed or nude, whether the depiction suggests sexual coyness or willingness to engage in sexual activity, and whether the depiction is intended or designed to elicit a sexual response in the viewer, as well as any other factors that may be equally if not more important in determining whether a visual depiction contains a lascivious exhibition. A visual depiction, however, need not involve all these factors to be a lascivious exhibition.

“Visual depiction” includes any developed or undeveloped photograph, picture, film or video; any digital or computer image, picture, film or video made by any means, including those transmitted by any means including streaming media, even if not stored in a permanent format; or any digital or electronic data capable of conversion into a visual image.

“Distributing” means delivering to the actual or constructive possession of another.)

“Possessing” means exercising control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to possess an item simultaneously, as when several people share control over an item.

“Producing” means creating or manufacturing. As used in this paragraph, it refers to making child pornography that did not previously exist. It does not include reproducing or copying.

“Wrongful” means without any legal justification or excuse. Any facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, but not limited to, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement.

An accused may not be convicted of (possessing) (receiving) (viewing) (distributing) (producing) child pornography if he/she did not know that the images were of minors, or what appeared to be minors, engaged in sexually explicit conduct. An act is done “knowingly” if done voluntarily and intentionally. An act done because of mistake or accident or other innocent reasons is not done “knowingly.” Knowledge may be inferred from circumstantial evidence, such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed.

However, the drawing of this inference is not required. Thus, in order to convict the accused you must be convinced beyond a reasonable doubt that the accused knew that he/she (possessed) (received) (viewed) (distributed) (produced) the child pornography. However, it is not required that the accused knew the actual ages of the persons in the child pornography, but he/she must have known or believed the persons to be minors.

NOTE 4.
Redacted Exhibits. On motion of the government, in any prosecution under this paragraph, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence. Below is a suggested instruction:

Certain information in Prosecution Exhibit(s) ______ has been redacted as not relevant to these proceedings. You are not to speculate as to what has been redacted nor are you to draw any adverse inference to either side from that redaction.

NOTE 5:
Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), Instruction 7-3, Circumstantial Evidence (Intent) (when the offense is possession with the intent to distribute), and Instructions 5-11-1 or 5-11-2, Mistake of Fact, may be applicable.

References for Child Pornography Offenses:

(1) Definition of “lascivious exhibition”. See US v. Roderick, 62 MJ 425, 429-430 (CAAF 2006), citing US v. Dost, 636 F.Supp 828 (S.D.Cal., 1986).

(2) “Lascivious exhibition of the genitals or pubic area of any person” does not require nudity; the minor or other person in the depiction with the minor may be clothed, provided the genitals or pubic area is a focus of the depiction. See US v. Knox, 32 F.3d 733 (3d Cir. 1994), cert. denied, 513 US 1109 (1995), cited by US v. Anderson, 2010 WL3938363 (ACCA 2010), review denied, 69 MJ 451 (CAAF 2010).

Military sex crimes include:

Call our child pornography court-martial defense attorneys today.