United States of America v. Danny Lawrence Newton

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with attempted receipt of child pornography in violation of 18 USC 2252(a)(2) and 2252(b)(1)



18 U.S. Code § 2252, "Certain activities relating to material involving the sexual exploitation of minors," criminalizes the production, distribution, and possession of child pornography.



The law applies to crimes committed using interstate or foreign commerce, including the internet, and on federal property.



Prohibited conduct (18 U.S.C. § 2252(a))



The statute explicitly outlaws the following acts, provided they are committed knowingly and involve a visual depiction of a minor engaged in sexually explicit conduct:



Transporting or shipping: Moving child pornography across state or international borders.

Receiving or distributing: This includes downloading child pornography from a website or sharing files with others.

Reproducing for distribution: Creating copies of child pornography for the purpose of distribution.

Selling or possessing with intent to sell: This applies both in the special maritime and territorial jurisdiction of the U.S. and when the material has been transported in interstate or foreign commerce.

Simple possession: It is a federal crime simply to possess child pornography.



Penalties (18 U.S.C. § 2252(b))



The severity of the penalties under § 2252 depends on the offense and criminal history:



Distribution, production, or intent to sell: A first-time conviction can result in 5 to 20 years in prison. A repeat offense involving a prior conviction for a similar crime can increase the sentence to a minimum of 15 years and a maximum of 40 years.



Simple possession: This offense is punishable by a fine and up to 10 years in prison. If the offense involves a prepubescent minor or a minor under the age of 12, the maximum sentence can increase to 20 years. A subsequent conviction for simple possession carries a prison term of 10 to 20 years.



Affirmative defense for simple possession (18 U.S.C. § 2252(c))

The law provides a specific, narrow affirmative defense for those facing charges of simple possession under subsection (a)(4):



Conditions: The defense is available if the defendant possessed fewer than three visual depictions and either:

Promptly reported the material to law enforcement and provided access to it.



Took reasonable steps to destroy the material without sharing it with anyone else.



Important definitions



The statute, through its related sections, includes key definitions:



Visual depiction: The law applies to depictions of actual children. After a Supreme Court ruling, it does not cover computer-generated or virtual images that do not involve real children.



Sexually explicit conduct: The law references the definition of sexually explicit conduct found in another statute, 18 U.S.C. § 2256

The Defendant pled guilt and was sentenced to 96 months; S.R. 15 years; S.M.A. $100.