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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Federal Child Pornography Sentencing Guidelines

If you are charged and convicted of a federal crime involving federal child pornography, the sentence is likely to be quite severe. Most convictions will carry a mandatory minimum sentence, meaning that you are looking at certain jail time. There will be conditions imposed upon your release as well. In short, a conviction of this crime will truly stick with you for a lifetime. It is first important to understand the exact nature of child pornography before moving into the federal sentencing guidelines that are in place for such convictions.

What Constitutes Child Pornography?

It is important to know that any image considered to be child pornography is not protected under the provisions of the First Amendment of the Constitution. In fact, such images are considered to be illegal contraband by way of federal law. The specific statute that deals with just how to define child pornography is Section 2256 of Title 18. It stipulates that such images will visually depict some type of sexual contact that involves a minor. Remember that minors are classified as being under 18 years of age. Sentencing guidelines will take into account the age of the victim.

Remember that child pornography is defined as a visual depiction. These can include any of the following: photographs, computer generated or digital images, videos, and any other type of image in which an identifiable minor can be seen. Even film or video that has not been developed can constitute child pornography.

Legal Definition and How it Relates to Sentencing

The legal definition of child pornography does not necessitate that the child is actively engaged in a sexual act. A child who has his or her clothes off can be construed as being pornographic in nature if it can be demonstrated that the minor is posing in a way that sexually provocative. It is also important to remember that the age of sexual consent is not relevant in cases of child pornography. We are talking about images here, and any of those depicting sexual activity with an individual younger than 18 is considered to be illegal.

federal statutes have made it illegal to produce, distribute, receive, or be in a possession of an image that is considered to be child pornography. federal guidelines come into play when the images cross state borders. Section 2251 of U.S. Criminal code makes it clear that persuading a child or coercing them to participate in any type of explicit behavior that will be filmed or photographed is strictly illegal.

federal Involvement

The federal government becomes involved in a case of child pornography when the crime is believed to have taken place across state borders, or when interstate or foreign commerce is involved. Sending child pornography across state borders or to another country via the mail or electronic means will bring about federal involvement. The federal government will almost always get involved whenever child pornography is believed to have been executed over the Internet. Even if the images did not actually travel across state borders or from a foreign country, federal statutes may still be applied if the material was downloaded from a computer or device that was originally located in another jurisdiction.

federal law also makes it illegal for any parent or legal guardian to possess any images of a child under the age of 18 that they intend to sell for the purposes of producing some type of child pornography. This is prohibited under Section 2251 of Title 18. In addition, no individual out of the United States can knowingly send child pornography to the United States via any means. In this case, the federal government will go after the foreign national involved and work with that nation to bring charges.

How This Knowledge Impacts Sentencing

As you can imagine, a conviction of any federal charge related to child pornography will carry serious consequences. There are statutes in place that dictate the sentences that will be handed down. To begin, a first time offender who is convicted of producing any type of child pornography will face a minimum of 15 years in prison and could receive up to 30 years. There is also the likely imposition of a financial penalty upon the offender as well. These guidelines are found in section 2251 of Section 18. If a person is convicted of transporting images depicting child pornography across state borders or internationally, the minimum sentence is 5 years in prison, with a maximum of 20 years being possible. This is the provision found in section 2251 of Title 18. Penalties can be increased if the child is under the age of 12, or the images are considered to be particularly heinous in nature.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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