Sentencing Trends for Federal Sex Crimes
Possession of child pornography is punishable by up to ten years (or up to 20 years if the offense involved a minor under 12) in federal prison but—unlike the other offenses involving actual child pornography—does not carry a mandatory minimum term of imprisonment. If a defendant has a prior federal or state conviction for one or more enumerated sex offenses, however, the penalty range for possession increases to a mandatory minimum term of ten years and a maximum term of 20 years of imprisonment.
The vast majority of federal sexual abuse offenses are found in Chapters 109A and 117 of Title 18 of the United States Code. A handful of other sexual abuse offenses, including offenses related to the production of child pornography, are found in other parts of the United States Code. Congress has provided for mandatory minimum terms of imprisonment for many sexual abuse offenses, including the majority of such offenses that involve the victimization or attempted victimization of minors. Mandatory minimum terms exist for violations of the following sections of Title 18:
Two Categories of Sex Offenses Sexual Abuse (“Contact”) Offenses Child Pornography Offenses involve actual or attempted sexual contact with the victim regardless of the victim’s age, including production of child pornography involve the distribution, transportation, receipt, or possession of child pornography.
The mandatory minimum penalties for these offenses range from ten to 30 years, with enhanced mandatory penalties for offenders with convictions for certain prior sex offenses. Many of the other sexual abuse offenses in Chapters 109A and 117 that do not carry mandatory minimum penalties outlaw similar conduct to the statutes listed above but involve an adult, rather than a minor, victim.