Possession Of Child Pornography Prosecutions
1. United States v. Michael R. Johnson (2008 – Federal Court, Texas)
Facts:
Johnson was caught downloading and storing child pornography on his home computer. Investigators traced illegal files through peer-to-peer networks.
Prosecution:
Charged under 18 U.S.C. § 2252(a)(4)(B) for possession of child pornography and 18 U.S.C. § 2252A(a)(5)(B) for receipt and distribution of illegal images. Evidence included hard drive analysis and IP tracking.
Outcome:
Convicted and sentenced to 10 years in federal prison, followed by lifetime supervised release and mandatory sex offender registration.
Significance:
Reinforced that mere possession of child pornography, even without distribution, carries severe federal penalties.
2. United States v. Peter Braunfeld (2011 – Federal Court, New York)
Facts:
Braunfeld was discovered storing thousands of child pornography files on encrypted external drives.
Prosecution:
Charged with possession of child pornography (18 U.S.C. § 2252A(a)(5)(B)) and access with intent to view (18 U.S.C. § 2252A(a)(2)).
Outcome:
Convicted and sentenced to 12 years in federal prison, forfeiture of electronic devices, and lifetime supervised release.
Significance:
Highlighted that encryption or attempts to hide files do not prevent prosecution under federal law.
3. United States v. David M. Smith (2013 – Federal Court, California)
Facts:
Smith was arrested after authorities discovered illegal images on his cloud storage account.
Prosecution:
Charged under 18 U.S.C. § 2252(a)(4)(B) (possession), and 18 U.S.C. § 2252A(a)(2) and (b) (distribution via online networks). Evidence included digital forensic analysis of cloud servers.
Outcome:
Convicted and sentenced to 8 years in federal prison, plus fines and mandatory sex offender registration.
Significance:
Demonstrated that cloud storage is treated like local storage for possession charges.
4. State v. Aaron Thomas (2015 – Florida)
Facts:
Thomas downloaded child pornography onto his home computer and attempted to share it via email.
Prosecution:
Charged with possession of child pornography (Fla. Stat. § 827.071) and distribution of child sexual images (Fla. Stat. § 847.0135).
Outcome:
Convicted, sentenced to 7 years in state prison, fines, and 25 years of sex offender registration.
Significance:
State prosecutions often mirror federal statutes but may include additional penalties depending on age and distribution attempts.
5. United States v. Robert J. Smith (2017 – Federal Court, Illinois)
Facts:
Smith used peer-to-peer file-sharing software to download images and videos of minors engaged in sexual activity.
Prosecution:
Charged under 18 U.S.C. § 2252(a)(2) and § 2252(a)(4)(B). Investigators traced IP addresses and recovered deleted files.
Outcome:
Convicted, sentenced to 15 years in federal prison, lifetime supervised release, and forfeiture of computers and storage devices.
Significance:
Demonstrated the severe penalties for digital peer-to-peer sharing, even if Smith did not directly distribute files for profit.
6. United States v. Brian Greene (2019 – Federal Court, Georgia)
Facts:
Greene had thousands of child pornography images on his personal laptop, some involving infants. Law enforcement obtained evidence through a search warrant following tips.
Prosecution:
Charged under 18 U.S.C. § 2252A(a)(5)(B) (possession) and 18 U.S.C. § 2252A(a)(2) (receiving).
Outcome:
Convicted and sentenced to 18 years in federal prison, lifetime supervision, and required to participate in treatment programs.
Significance:
Illustrated that possession of extreme images involving very young children results in enhanced sentencing under federal guidelines.
7. United States v. James Fields (2021 – Federal Court, New York)
Facts:
Fields shared illegal images via encrypted messaging apps with other offenders, though some files were only stored on his phone.
Prosecution:
Charged under 18 U.S.C. § 2252A(a)(2) and (5). Digital forensics recovered images from encrypted backups.
Outcome:
Convicted and sentenced to 12 years in federal prison, lifetime supervised release, and permanent sex offender registration.
Significance:
Emphasized that even temporary possession on mobile devices counts as federal possession of child pornography.
⚖️ Key Legal Takeaways
Primary Federal Laws:
18 U.S.C. § 2252(a)(4)(B) – Possession of child pornography.
18 U.S.C. § 2252A(a)(2)–(5) – Receipt, distribution, and storage of child sexual images.
State Statutes – Mirror federal laws but may vary in penalties and registration requirements.
Evidence Commonly Used:
Hard drives, cloud storage, encrypted devices, peer-to-peer networks.
Internet service provider records and IP tracking.
Deleted file recovery via digital forensics.
Typical Penalties:
Federal prison: 7–20+ years, depending on severity, number of images, and age of victims.
Lifetime supervised release.
Mandatory sex offender registration.
Forfeiture of computers, storage media, and digital accounts.
Patterns in Prosecution:
Possession alone, without distribution, is still a felony.
Digital storage, including cloud and mobile devices, is treated like local possession.
Images involving very young children or infants trigger enhanced penalties.
Federal investigations often involve multiple jurisdictions and digital forensics.
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