Distribution

Distribution Attorney Defense for Clients Across Ohio, North Carolina & Florida

Under state and federal laws, distributing sexually explicit images or videos of minors is generally illegal. Distribution charges are considered one of the most serious offenses and are typically accompanied by possession or receipt charges. These charges are serious, and the potential consequences generally depend on factors such as the number of files involved and the specific allegations. Because every case is different, it generally helps to speak with an attorney early.

At the time of this writing, distribution and promotion of child sexual abuse material (CSAM), formerly called child pornography, are generally addressed in Florida under Section 827.071, Florida Statutes, with related transmission rules in Section 847.0137 (transmission of child sexual abuse material by electronic device or equipment prohibited). Sharing, including through file-sharing apps, can bring serious felony charges. Laws change, so check current law or call us about your situation. In the federal system, CSAM distribution cases, including peer-to-peer file sharing, are typically charged under 18 U.S.C. § 2252 and 18 U.S.C. § 2252A. Because these laws are subject to change and revision, contact Attorney Ron Frey to talk through your case and the current law.

Charges associated with the distribution of child porn can include sending images/videos through:

• Emails
• Instant message
• Text messages
• File-sharing networks and programs

Even if you somehow accidentally download child pornography through peer-to-peer file sharing networks, you can still be charged with distribution. Because of the risks associated with peer-to-peer networks, and because users often cannot know the true nature of the files they may be downloading, Attorney Ron Frey generally advises users to be extremely cautious and to take steps to limit the risk of accidentally downloading something they should not. These networks generally initiate file sharing automatically when you are logged on, which means you are considered a perpetrator under the law.

Whether you are being investigated for the distribution of child pornography or your teenage son or daughter is being charged with sending sexually explicit photos to a boyfriend or girlfriend, consult with an internet sex crime lawyer as soon as possible. We can come to you anywhere in the U.S. If this is the first time you or a family member has been charged, see our guide for first-time internet crime defendants.

What Distribution, Sharing, and Advertising Generally Mean

Distribution charges generally involve allegedly sending, sharing, trading, or making illegal images or videos available to others. That can include sharing through peer-to-peer programs, messaging apps, group chats, cloud links, or email. Related charges can involve allegedly transporting, offering, or advertising that material. Distribution is generally treated more seriously than possession alone, and some cases also involve allegations of production. Numerous federal and state statutes may be implicated, and the consequences are often extremely serious. Depending on the charge, they can include mandatory minimum prison sentences, sex offender registration, and other lasting penalties. As always, laws are subject to change, and every case depends on its own facts.

How Distribution Investigations Generally Start

Many distribution cases reportedly begin when investigators use special software to monitor peer-to-peer networks and download files from a user’s shared folder. Others start when a messaging app or online platform sends a report to the CyberTipline, or when officers join or monitor online groups and chats where files are allegedly traded. Some cases grow out of a related investigation of another person. Many people first learn of a case when agents arrive with a search warrant or a target letter arrives. Attorney Ron Frey reviews how every stop, search, seizure, inquiry, investigation, arrest, or target letter came about, including how the government identified the person it believes was sharing.

Undercover Downloads and What They Allegedly Show

In many peer-to-peer cases, the government’s evidence includes a log from an undercover download. The log may list an IP address, file names, a date and time, and file identifiers. It may also show that only part of a file was received. Those records can look precise, but they don’t always show who was using the device, whether the person knew a folder was being shared, or whether a complete file was ever available. Because sharing settings can be turned on by default, some people facing these charges say they never meant to share anything, as discussed on our possession page.

An Experienced, Tech-Savvy Attorney

Charges involving child pornography distribution are often multi-faceted and involve intricate detail at a forensic level. As an experienced internet crime law firm, we have been defending clients for over a decade. We are tech-savvy and have a sophisticated understanding of forensic investigations involving technology-based evidence. Our law firm works with computer and technology experts to investigate the evidence in order to gain a deeper knowledge of the facts involved in each case and prepare a strong defense. We can critically analyze evidence involving digital technology and are adept at identifying gaps in the prosecutor’s case. Attorney Ron Frey is a conference speaker and published author, and he taught computers and the law and criminal procedure as an adjunct professor at Ursuline College.

Evidence and Defense Issues in Distribution Cases

Distribution cases often turn on what a person knew about how their software or apps worked. Questions that may matter include whether the person knew files were being shared, who else had access to the device, network, or account, and whether an IP address actually points to the person charged. Forensic reports can be incomplete or misread, and the history of a digital file may tell a different story than the government’s summary. The scope of the search warrant and how devices were seized can also be important. Attorney Ron Frey carefully reviews the download logs, forensic findings, and investigative steps in each case to look for weaknesses and defenses.

If You Are Contacted by Investigators

Many internet and computer cases in Florida also include a separate charge for unlawful use of a two-way communications device.

If agents reach out, arrive with a search warrant, or send a target letter, what you do next can matter. Attorney Ron Frey generally advises anyone in that position to stay calm, be polite, exercise the right to remain silent and speak with an attorney before making any statements. Every situation is unique, though, so contacting an attorney is a priority to get advice tailored to your case. To talk about your situation, contact Attorney Ron Frey at (844) 766-3739 for a free, confidential initial consultation by phone, by video, or in person.