Federal sex offense charges

What does the law make illegal?

Child pornography, 18 U.S.C. §§ 2252 and 2252A

These laws make it a crime to knowingly possess, receive, distribute, transport or access with intent to view child pornography that has moved in interstate or foreign commerce, including by computer or the internet (18 U.S.C. § 2252; § 2252A). A "minor" is anyone under 18. Child pornography is a visual depiction of a minor engaged in "sexually explicit conduct," which includes sex acts and the "lascivious exhibition" of the genitals or pubic area. It also covers computer-generated images that are indistinguishable from a real minor, and images altered to make an identifiable minor appear to be engaged in such conduct (18 U.S.C. § 2256). Whether an image meets these definitions can be a real issue in a case.

Possession means knowingly having the images, for example on a phone, computer or cloud account. Receipt usually means knowingly downloading or accepting them. Distribution includes sending or sharing them, which can include making files available on a peer-to-peer network. The difference matters a great deal, because receipt and distribution carry a 5-year mandatory minimum and possession does not.

Production, 18 U.S.C. § 2251

It is a crime to use, persuade or entice a minor to engage in sexually explicit conduct to produce a visual depiction or a live transmission, when the image or the materials used to make it moved in interstate commerce or the person knew or had reason to know it would (18 U.S.C. § 2251). A related law covers producing such material outside the United States for import (18 U.S.C. § 2260).

Online enticement of a minor, 18 U.S.C. § 2422(b)

It is a crime to use the mail, the internet, a phone or another means of interstate commerce to knowingly persuade, induce, entice or coerce someone under 18 to engage in prostitution or in sexual activity for which any person could be charged with a crime, or to attempt to do so (18 U.S.C. § 2422(b)). Many cases are sting operations in which an undercover officer poses online as a minor or as a parent. Because the law covers attempts, a charge can be brought even though no real child was involved; the government must still prove intent and a substantial step toward the crime. Entrapment can be a defense when the government induced the crime and the person was not already predisposed to commit it (Jacobson v. United States, 503 U.S. 540 (1992)).

Travel and transport, 18 U.S.C. § 2423

• Transporting a minor across state or national lines intending that the minor engage in prostitution or criminal sexual activity (§ 2423(a)).
• Traveling across state lines or into the U.S., or a U.S. citizen or permanent resident traveling abroad, intending to engage in illicit sexual conduct with another person (§ 2423(b)).
• Engaging in illicit sexual conduct abroad as a U.S. citizen or permanent resident (§ 2423(c)).
• Attempts and conspiracies are punished the same as completed violations (§ 2423(f)). See 18 U.S.C. § 2423.

Failure to register, 18 U.S.C. § 2250

A person required to register under the Sex Offender Registration and Notification Act (SORNA) commits a federal crime if they knowingly fail to register or update their registration and either have a federal (or D.C., tribal, territorial or military) sex offense conviction or travel in interstate or foreign commerce (18 U.S.C. § 2250; 34 U.S.C. § 20913).

What are the penalties?

• Supervised release: at least 5 years and up to life for these offenses, including § 2250 (18 U.S.C. § 3583(k)).
• Restitution: mandatory for victims' losses. In child pornography trafficking cases, at least $3,000 per victim (18 U.S.C. § 2259).
• Special assessments: up to $17,000 for possession, $35,000 for other trafficking offenses and $50,000 for production, adjusted for inflation (18 U.S.C. § 2259A), plus $5,000 for a person who is not indigent (18 U.S.C. § 3014).
• Forfeiture of the images, the devices used, and property from the offense (18 U.S.C. § 2253).
• No time limit: a felony under chapters 110 (child exploitation) and 117 (transport and enticement) can be charged at any time (18 U.S.C. § 3299).
• Narrow possession defense: it is an affirmative defense if the person had fewer than three images and promptly, in good faith, destroyed them or reported them to law enforcement without letting anyone else see them (§ 2252(c)).

Sex offender registration

Most people convicted of these offenses must register under SORNA. Registration lasts 15 years for Tier I, 25 years for Tier II and life for Tier III, depending on the offense; a Tier I registrant with a clean record can have the period cut by 5 years (34 U.S.C. § 20915). States add their own rules on where registrants may live and work. The Supreme Court has treated registration as a civil measure rather than punishment (Smith v. Doe, 538 U.S. 84 (2003)) and upheld the Attorney General's authority to apply SORNA to people convicted before it was passed (Gundy v. United States, 588 U.S. 128 (2019)). So challenges to registration itself face an uphill path, and registration is one of the most important long-term issues to understand before any plea.

How does sentencing work for this charge?

Possession, receipt and distribution: USSG §2G2.2

Under §2G2.2, the base offense level is 18 for possession and 22 for receipt or distribution, with 2 levels off if the conduct was limited to receipt and there was no intent to distribute. Then these enhancements are added:

• +2 if any image shows a prepubescent minor or a child under 12 (§2G2.2(b)(2)).
• +2 to +7 for distribution, depending on its type (§2G2.2(b)(3)).
• +4 for images of sadistic or masochistic conduct or other violence, or of an infant or toddler (§2G2.2(b)(4)).
• +5 for a pattern of activity involving sexual abuse or exploitation of a minor (§2G2.2(b)(5)).
• +2 for use of a computer (§2G2.2(b)(6)).
• +2 to +5 for the number of images, from 10 up to 600 or more; each video counts as 75 images (§2G2.2(b)(7) and Application Note 6(B)).

These enhancements are widely criticized, including by the Sentencing Commission itself. In its 2012 report to Congress, the Commission concluded that the non-production guideline should be revised because enhancements meant for the most serious offenders had come to apply to most offenders as technology changed. It asked Congress for authority to revise provisions that Congress had directed, and to align the penalties for receipt and possession. In its 2021 report on non-production offenses, the Commission found that four of the six enhancements, adding 13 levels together, applied in the vast majority of cases. In fiscal year 2019, more than 95 percent of these offenders received the computer and age enhancements, 84.0 percent the sadistic-or-infant enhancement, and 77.2 percent the 600-image enhancement. Only 30.0 percent were sentenced within the guideline range, and 59.0 percent received a variance below it. Judges can and do consider these findings under 18 U.S.C. § 3553(a).

Production: USSG §2G2.1

§2G2.1 starts at level 32 and adds levels for a minor under 12 (+4) or 12 to 15 (+2), sexual contact or a sexual act (+2 or +4), distribution (+2), sadistic material or an infant or toddler (+4), a parent or person with custody or care (+2), and use of a computer or a false identity to entice the minor (+2). Each minor is treated as a separate count. If a § 2252 or § 2252A case involved production conduct, §2G2.2 cross-references to §2G2.1.

Enticement and travel: USSG §2G1.3

§2G1.3 sets a base level of 28 for § 2422(b) and § 2423(a) convictions and 24 for most other offenses it covers. Increases include +2 for use of a computer to entice the minor or arrange the conduct, +2 for a misrepresented identity or undue influence, +2 for a sex act or sexual contact, +2 for a person with custody or care of the minor, and +8 (at base levels 24 and 28) for a minor under 12. If the conduct involved producing images, §2G1.3 cross-references to §2G2.1.

Failure to register and repeat offenders

Failure to register is sentenced under §2A3.5, with base levels of 16, 14 or 12 for Tier III, II or I registrants and increases for committing a sex offense while unregistered. People with prior sex offense convictions against minors can face much higher ranges under USSG §4B1.5. The zero-point offender reduction (USSG §4C1.1) does not apply to sex offenses.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see Child pornography guidelines and judicial discretion, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 2252A
• 18 U.S.C. § 2252
• 18 U.S.C. § 2251
• 18 U.S.C. § 2422
• 18 U.S.C. § 2250
• 18 U.S.C. § 2423
• 18 U.S.C. § 2425

How do these cases usually start and move?

Child pornography cases often begin with a tip from an online platform to the National Center for Missing & Exploited Children, or with an investigation of peer-to-peer file sharing traced to an IP address. Agents from the FBI or Homeland Security Investigations, often with a state Internet Crimes Against Children task force, then get a search warrant for the home and devices. Enticement cases usually start with an undercover chat. Failure-to-register cases usually start when a registrant moves, travels or misses an update.

If agents arrive with a warrant, don't discuss the case and don't delete files or get rid of devices; destroying evidence can lead to separate charges (18 U.S.C. § 1519). For many of these offenses the law presumes the person should be held before trial, though the defense can try to rebut that presumption (18 U.S.C. § 3142(e)(3)(E)). Forensic review of the devices often takes months, and the charging choice between possession and receipt can decide whether a mandatory minimum applies.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• The search and the warrant. Was the warrant supported by probable cause, was the IP address tied to the right person, and did the search stay within the warrant?
• Knowledge. Who used the device or account? Did the person know the files were there, and were files downloaded automatically or left in unallocated space?
• Possession versus receipt. The facts may support only possession, which carries no mandatory minimum.
• What the images show. Do the images meet the federal definitions, including the age of the person depicted and whether an image is a "lascivious exhibition"?
• Distribution. Did the person knowingly distribute, or did a file-sharing program share files without that knowledge?
• Sting cases. Did the person intend to entice a minor, take a substantial step, or was there entrapment?
• Guideline enhancements. Image counts, duplicate files, the video rule and "pattern of activity" all deserve close review, along with the Commission's findings on §2G2.2.
• Registration duties. In § 2250 cases, did the person actually know of the duty to register and what was required?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.