Financial Consequences to Federal Child Pornography Convictions
Overview of Financial Penalties for Federal Child Pornography Convictions
Financial Consequences to Federal Child Pornography Convictions As if time in prison and the requirement to register as a sex offender were not enough punishment, federal law also imposes stiff financial penalties on defendants who are convicted of federal child pornography offenses. These financial penalties apply to convictions for possessing child pornography, receiving, or distributing child pornography, and production or creation of child pornography.
Special Assessments and Acts Imposing Financial Penalties
Financial consequences to federal child pornography convictions come in various forms. One form is known as a special assessment. There are two types of special assessments imposed upon child pornographers. Convicted offenders are subject to a $5000 special assessment, per count of conviction, in accordance with the Victims of Trafficking Act of 2015, set forth in 18 U.S.C. § 3013. The only way to avoid paying this harsh assessment is to establish indigency, or financial inability to pay.
A second special assessment may be imposed in accordance with the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. This act authorizes, in addition to any other fine, restitution, or special assessment that is imposed, up to $17,000 for an offender convicted of possessing or receiving child pornography, up to $35,000 for an offender convicted of trafficking in child pornography, and up to $50,000 for an offender convicted of producing or creating child pornography.
Fines and Restitution as Forms of Financial Consequences
Another financial consequence to a federal child pornography conviction is the potential requirement to pay a fine. Fines imposed as a form of criminal punishment range based on the nature and severity of the convicted offense. Federal child pornographers may be ordered to pay a fine of up to $250,000.00. Courts that seek to impose a fine against these defendants must consider the recommended fine range advised by the United States Sentencing Guidelines.
The final form of financial penalty imposed upon those convicted of federal child pornography offenses is restitution. Under the Mandatory Victim Restitution Act of 1996 and the aforementioned Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, the law entitles victims of child pornography to receive the payment of restitution for losses they sustained from being victimized.
Victims are only entitled to an amount of restitution, to be determined by the Court, that reflects a defendant’s role in the causal process that underlies their particular losses. The amount restitution shall not be any less than $3,000 per victim, in accordance with 18 U.S.C. § 2259 (b)(2). Victims may claim a certain amount of restitution, which the Court may order to be paid. Alternatively, the parties may reach an agreement on the amount of restitution to be paid, or the Court conduct a hearing to determine how much restitution is appropriate.
The Stigma and Additional Punishments Beyond Financial Penalties
Child pornography convictions are among the worse. Convicted offenders are most always jailed, required to comply with sex offender registration and counseling requirements, and forever stigmatized in society. Aside from this combination of almost unavoidable punishments, federal law also requires that sentencing Courts impose some form of financial penalty as part of federal sentences for child pornography offenders.
Seeking Legal Assistance
If you have been accused of a federal child pornography offense, contact Federal Child Pornography Defense Lawyer, John L. Calcagni III, for a free consultation at 401-351-5100.