United States of America v. Brandon Inada

Honolulu, Hawaii, criminal defense lawyer represented the Defendant charged with possession of materials containing child porno.



18 U.S.C. 2252 provides in part:



(a) Any person who—

(1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—

(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and

(B) such visual depiction is of such conduct;



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AI Overview

Certain activities related to child sexual abuse material (CSAM) are criminalized under both federal and state laws in the United States

. These severe laws cover the production, distribution, and possession of CSAM, regardless of whether it involves real children or computer-generated imagery.

Federal laws on CSAM

The core federal laws criminalizing CSAM are found in Title 18 of the U.S. Code, primarily Chapters 71 and 110. Key offenses include:



Production: 18 U.S.C. § 2251 makes it a crime to employ, persuade, or coerce a minor into sexually explicit conduct for the purpose of creating visual depictions. Penalties can range from 15 to 30 years in prison for a first offense.

Distribution, receipt, and transportation: Under 18 U.S.C. §§ 2252 and 2252A, it is illegal to knowingly distribute, receive, or transport CSAM using interstate or foreign commerce (including online). A first offense carries a penalty of 5 to 20 years in prison.

Possession: Under 18 U.S.C. § 2252A, knowingly possessing CSAM is a federal crime. Simple possession can result in a prison sentence of up to 10 years.

Advertising: It is a crime to advertise child pornography or solicit children for its production.

Jurisdiction: Federal law can apply to crimes committed outside the U.S. if the material is distributed within the country. Federal jurisdiction also applies if the internet, U.S. mail, or other facilities of interstate commerce are used.



Aggravating factors and enhanced penalties

Penalties can be significantly increased based on various factors, including:



Prior convictions: Repeat offenders face much harsher sentences.

Age of the victim: Offenses involving prepubescent minors or minors under 12 years of age result in enhanced penalties.

Nature of the material: Sentences may be more severe if the images or videos are sadistic, violent, or masochistic.

Abuse of position of trust: Being the parent, guardian, or in a position of trust of an exploited child is considered an aggravating factor.



Legal definition of CSAM

The legal definition of CSAM (often referred to as child pornography in federal statutes) is broad and includes:



Visual depictions: Any photograph, film, video, or computer image showing a minor engaging in sexually explicit conduct.

Simulated and AI-generated material: Under federal law, this includes computer-generated or digitally altered images that appear to depict a minor engaged in sexually explicit conduct and are indistinguishable from a real child.

"Sexually suggestive" images: Pictures of a naked child may constitute illegal CSAM if they are found to be sexually suggestive, regardless of whether a sexual act is explicitly depicted.



Affirmative defenses

Some federal statutes provide limited affirmative defenses, such as:



Prompt reporting: An affirmative defense exists for possessing a small number of images if the person promptly reports the material to law enforcement and takes steps to destroy it without sharing it with others.



Consequences of a conviction

In addition to fines and lengthy prison sentences, federal convictions for CSAM offenses can also result in:



Criminal forfeiture: Offenders must forfeit any property used in the commission of the crime, such as computers or cameras.

Mandatory restitution: Convicted offenders are required to provide financial restitution to victims.

Sex offender registration: Convicted individuals must register as sex offenders.



Disclaimer: This is a summary of federal laws concerning CSAM. State laws also apply and can have their own definitions, penalties, and enforcement mechanisms. This information is for informational purposes only and does not constitute legal advice.

SENTENCING DATE: 10/24/2025; IMPRISONMENT: SEVENTY (70) MONTHS; SUPERVISED RELEASE: TEN (10) YEARS; FINE: $25,000.00; RESTITUTION: $14,000.00; SPECIAL ASSESSMENT: $100.00; AVAA ASSESSMENT: $17,000.00