United States of America v. Randolph Bullock

Syracuse, New York criminal defense lawyer represented the Defendant charged with possession of child pornography.



Laws prohibiting the possession of child pornography are among the strictest in the United States and are prosecuted at both the federal and state levels



A conviction almost always results in a felony charge with severe penalties, including lengthy prison sentences, high fines, and mandatory registration as a sex offender.



Legal definition of child pornography



Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor, which is a person under 18 years of age.



Key aspects of this definition include:



Visual depictions: The law applies to a wide variety of materials, including photographs, videos, and digital files. Computer-generated images or drawings that appear to depict a real minor can also be illegal.

Sexual conduct: This can include actual or simulated sexual acts, masturbation, and "lascivious exhibition" of genitals or pubic areas. The image doesn't necessarily need to show explicit sexual activity to be considered child pornography.

"Actual" minors: Federal law, based on the Supreme Court's ruling in Ashcroft v. Free Speech Coalition, generally requires the depiction of an actual minor. However, laws criminalizing obscene depictions that appear to be of minors do exist.



Federal law (18 U.S. Code § 2252A)



Federal law prohibits the knowing possession or access with the intent to view child pornography, particularly when using interstate or foreign commerce (such as the internet).

Federal penalties for a first-time offense include:



Up to 10 years in prison for simple possession.

Up to 20 years in prison if the material depicts a minor under the age of 12.

Mandatory supervised release for at least five years.

Mandatory sex offender registration.

Fines of up to $250,000.



State law



Every state has its own laws criminalizing child pornography, which often overlap with federal statutes. States may prosecute cases if the crime occurred entirely within the state's borders, while federal authorities handle cases involving interstate or international transport (such as over the internet). For example:



Texas: Possessing or promoting child pornography is a third-degree felony, punishable by two to 10 years in prison and/or a $10,000 fine.

Oklahoma: A conviction for possessing child pornography is a felony and can lead to up to 20 years in prison and a fine of up to $25,000.



Common defenses

An attorney may raise certain defenses depending on the specifics of the case. These could include:



Mistake of fact: An argument that the accused was reasonably unaware the person in the depiction was a minor.

Lack of intent: Contending that the accused did not knowingly or intentionally possess the material. This is particularly relevant if the material was temporarily stored in internet cache files without the user's knowledge.

Affirmative defense: Under federal law, a person who possesses fewer than three child pornography images may have a defense if they promptly took steps to destroy the material or reported it to law enforcement.



Disclaimer: This is for informational purposes only and does not constitute legal advice. Anyone facing child pornography charges should consult with an experienced criminal defense attorney immediately.

The Defendant is sentenced on Counts 1, 2, and 3 of the Indictment to a term of imprisonment of 97 months on each count, to run concurrently, and a term of supervised release of 20 years on each count, to run concurrently, with standard and special conditions of supervision imposed. The Court recommends that the Defendant participate in sex offender treatment with the BOP. Restitution is ordered in the amount of $3,000 to each of the two victims in this case for a total amount of $6,000, which shall be paid as outlined by the Court. The defendant does not have the ability to pay a fine, the interest requirement on restitution, or the additional special assessments, therefore, all are waived. A special assessment of $300 is imposed and due immediately. The Defendant shall forfeit the property outlined in the Preliminary Order of Forfeiture. The Defendant is remanded to the custody of the USMS.