United States of America v. Jonathan Tylor Herra

Anchorage, Alaska, criminal defense lawyer represented the Defendant charged with sexual exploitation of a child and possession and access with intent to view child pornography.



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Federal laws on child exploitation, primarily outlined in Chapter 110 of Title 18 of the U.S. Code, define and impose severe penalties for crimes such as producing and distributing child pornography, child sex trafficking, and online enticement



. Federal jurisdiction is established when the crimes involve interstate or international commerce, including the use of the internet.



Key federal statutes include:



18 U.S.C. § 2251 (Sexual Exploitation of Children): This statute makes it illegal to employ, induce, entice, or coerce a minor to engage in sexually explicit conduct for the purpose of creating a visual depiction. This includes parents or guardians who permit such acts and extends to conduct occurring outside the U.S. if the intent is to distribute the material within the country.



18 U.S.C. § 2251A (Selling or Buying of Children): This law prohibits the sale or purchase of children for the purpose of producing child pornography.



18 U.S.C. § 2252 and § 2252A (Child Pornography): These statutes address the illegal possession, distribution, and receipt of child pornography, including computer-generated images.



18 U.S.C. § 1591 (Sex Trafficking of Children): This law specifically prohibits recruiting, enticing, or transporting a minor to engage in a commercial sex act. The Trafficking Victims Protection Act of 2000 defines sex trafficking involving a minor as a "severe form of human trafficking," regardless of whether force, fraud, or coercion is used.



18 U.S.C. § 2422 (Sexual Enticement of Children): This statute criminalizes coercing, enticing, or soliciting a minor to engage in illegal sexual activity using the mail, internet, or any facility of interstate commerce.



Penalties for federal child exploitation crimes



Convictions for federal child exploitation offenses result in severe penalties, with the potential for life imprisonment in some cases. The sentencing guidelines are influenced by factors such as the age of the minor, prior convictions, and the nature of the sexual conduct depicted.



Common penalties include:



Production of child pornography: Mandatory minimum sentence of 15 years, with a maximum of 30 years.

Distribution of child pornography: 5 to 20 years in prison.

Possession of child pornography: Up to 10 years in prison for a first offense.

Offenses involving minors under 12 or repeat offenders: May face enhanced penalties, including sentences of 25 to 50 years or up to life imprisonment.

Child sex trafficking: Can result in life sentences, especially when aggravating factors are involved.



Civil remedies and victim support

Federal law also provides several mechanisms to support victims of child exploitation:



Civil lawsuits: Victims can file civil lawsuits against perpetrators to recover damages.



Defined Monetary Assistance Victims Reserve (DMAVR): Established by the Amy, Vicky, and Andy Child Pornography Assistance Act of 2018, this program provides a one-time payment of $35,000 to eligible victims of federal child pornography crimes. The funds are drawn from assessments and penalties levied on convicted offenders.



Victim assistance programs: Federal agencies, including the Department of Justice and the FBI, offer victim specialists and assistance programs to support survivors of federal crimes.



National Human Trafficking Hotline: The hotline and related campaigns by the Department of Homeland Security's Blue Campaign provide resources for reporting suspected human trafficking and connecting victims with support.



Related legislation



Numerous federal laws and programs have been created to strengthen protections for children:



PROTECT Act of 2003: The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act strengthened child pornography laws and increased penalties for child sexual exploitation.



Adam Walsh Child Protection and Safety Act of 2006: This law established a national database for sex offender registries and implemented stricter requirements for offender registration.

The Defendant was found guilty and was sentenced to 36 months imprisonment; 15 years supervised release; $100 special assessment. Defendant to forfeit interest in the property to the United States as directed.