I was told by my lawyer that because it was through a computer and the type that was found is why it was a federal case for me, although I have seen other cases that were worse than mine that went to state so I am not sure

Thanks for that. I'm really confused about the laws. I saw you are dealing with this issue, too, and I'm really sorry that you are so scared right now.

Some of it has to deal with either distribution of it and sending it across states or different countries. Also, if it is the FBI doing the sting operation or researching it, it will be federal. When I was charged, they charged me with distribution even though all I did was download from a torrenting site. But, if I had been distributing it, even by torrent, it could have been federal. But I realize that is not always the case.

Also, the feds can pick the case up if they want to, but for most of the smaller cases, it isn't worth their time. I've heard that the courts often times inform federal authorities about the crime and they just decide not to pick them up.

There was a government employee who was arrested last year when someone found a flash drive in his locker which contained child porn, and I'm not sure if it became a federal case becuase of the amount of it, or if it was because of they fact it was located at a government building. My attorney also told me that they count each frame of a movie as one picture. So a 30 minute long movie could be considered possessing 20,000 images.

I believe that about the frames, my son had two videos that showed 10,000 Images...I've heard 5 years per picture, that's insane. I've heard the fbi has his computer, they've had it for 6 months. This will be an additional charge. I'm so scared for him. He is literally becoming sicker in jail and could be in jail two years, about typical for MT, the courts are so slow. It's his first ever offense but it doesn't sound like from what I read here that matters. He got his stuff from a torrenting site too but says he didn't share, does that matter? Thank you for replying.

It definitely matters. That would be an additional charge of distribution, which is much worse than just possession.

Those sentences like 5 years per image are federal maximums that will not happen to him once he goes to court. The charge at most will probably get him 3 years, and since it is non violent, non contact, he will be eligible for good time. Federal charges vary with that though, so it could be as good as half time, but often in federal prision they mandate 85% of the sentence. He will probably do less than 2 years, with a max of probably 2.5 years in actual time. More than likely he will be sentenced to between 6 months and a year and a half. Not sure about your state, as California is my state, but here, any time spent in county jail is spent at half time. Meaning, the longer you are in county, the less time you do if you are transfered to prision. I spent a year in county for pc 311.11 (a) and had about 10 videos, and another charge of felon in possession of a firearm. I had two felonies from 2003. So, it always seems bleak at first, but it's not as bad as it seems.

Tell him to be strong, I had done time before, but the year was very depressing for me. I went from an athletic 150 lbs to 130 lbs in a couple weeks. I thought about suicide daily, and didn't think I could handle it all. I had my mom send me lots of educational books, becuase, I always like to say, if you are gonna waste a year doing nothing, you might as well learn something. Its not easy, and it won't be the same ever again, but I promise you, the sentence won't be as bad as you fear, but it won't be as great as you hope.

In the state of California, each video counts as fifty images as defined in the penal code 311.

In federal court, each still photograph or depiction counts as one image, and each motion picture or video counts as 75 images.

If you use software such as BitTorrent, you will automatically be uploading whatever you are currently downloading. This is why you were charged with distribution. They saw you sharing and got your IP address.

Some P2P programs can be configured so that you are sharing neither partials nor complete downloads---you can disable sharing----while some you cannot.

Most people who are not computer savvy do not know the tricks to disable sharing or uploading; as a result when they get caught, they can be charged with distribution as well as receipt or possession.

Federal statutes for child porn have mandatory minimums. The mandatory minimum for distribution or manufacturing for a first time offender is five years. There is no mandatory minimum for simple possession for a first time

http://tinyurl.com/m575w8t

Most state statutes for child pornography have no mandatory minimums.

Hope this clarifies things for everyone.

rewdiazepam

They charged me with distribution at arrest, and doubt they knew where the images came from. They dropped the distribution charge by my first arraignment. The search on my house was for another reason, but granted them seizure of my home computer and phone. I had torrents from my computer turned off, so no one uploaded from me. I have a feeling they just assumed that I was distributing and gave me as many charges as they could so that at least one of them would stick. They didn't even try to press charges for distribution and when I was read my charges for my first court date, they did not include distribution. But I made the local paper with the $1.5 million bail they originally set for me. Dropped to $80k two weeks later.

aBrokenMom: the charge is a rough one to deal with, but having no prior convictions will definitely help. Had I not had prior felonies, I might have been released in 6 months.

The agents are very slow when going through computers. Mine sat in the state electronic crime office for 5 months or so.

Are they trying to charge him on distribution or just possession? If it is just possession there is a good chance at his sentencing he will be given either time served or only spend up to a year and half in custody. In California, pc 311 holds an 18m/2y/3y max state prision commitment sentence. That means the most time you could serve is 3 years, but if half time is granted, you would only spend a year and a half. Before bring released to probation or parole. If they are trying to push for distribution, he could do more time than that though. Does he have a trial date set, have they made him any offers yet? I would assume he is going to plea bargain in out, as no one except those who are innocent want to sit in court while they play all the images in front of the judge and jury.

My sons case stayed in state (thank goodness) - they also tried to get him for distribution but dropped it also. During his initial interview they questioned him extensively about how to turn sharing on and off etc. When I was learning information about these cases I came across some interesting information - it really does not help but it is good to know ... there is a reason they drop the distribution charge in the majority of these cases and that is because the software they use to "catch" these folks is (but has not yet been examined in a court of law) believed to violate USA privacy acts. In other words unless you are "sharing" your stuff on the torrent or peer to peer they are accessing your computer illegally. The problem is that by the time they come to your house it is too late to have access to your computer and prove that sharing was off. However, they know it was and they do not want the judge to order forensics.

Someday some big power lawyer and a client with big bucks is going to be able to challenge the software(s) used and the privacy/sharing issue. As of yet only one that I know of has tried ...the judge then insisted that a software expert be allowed to examine the script of the software .... the developer refused and the charges against the person were dropped. So in reality the question of the software obtaining info from your computer illegally was never really addressed.

I have always thought that the state tried to get the feds to take my sons case and the feds refused - if I am correct then it tells me that something was "wrong" with the case. I do not know that for sure but what I do know is there was a long time span between the time they accessed the images on my sons computer to the time when they got the warrant. In fact, the computer they accessed no longer existed in my home - it had been replaced by a new one.

One of the best ways to battle this is to educate yourself as much as you can ...

great info rew.

Unfortunately in my case they listened to a conversation between my son and I where he was telling me about what was in his computer over the jail phone, otherwise they never would have known...