Selling or Buying Children
When the Federal government gets involved in a criminal investigation and prosecution, you can be sure that the charges are serious and the prosecution will be zealous. Federal offenses are typically instituted where the factual allegations of a crime cross state border lines. Facts such as those cause the individual states to lose jurisdiction to the Federal government. In reality however, the Federal government often asserts jurisdiction on cases in cases that physically occur within a single state jurisdiction. They can do this by tying a criminal offense to the broad idea of “interstate commerce.” If the prosecution can argue that a criminal offense implicates interstate commerce, then they can establish jurisdiction and institute Federal criminal proceedings.
Federal prosecutors and authorities view themselves as the elite law enforcement entities. While there may be some truth to the idea that Federal authorities are more capable, the truth is that Federal authorities have more power because the rules are written in Federal law to be far more favorable for the government instead of for the defense. And when Federal charges include allegations of human trafficking and child victims, you can be sure that the Federal government will bring to bear their full resources to achieve a conviction. You should consult with an equally zealous and committed Clearwater criminal defense lawyer to protect you against that type of prosecution.Elements of Buying and Selling Children
Among the types of cases that Federal authorities typically investigate and prosecute are child sex trafficking cases. Such cases are most often prosecuted under United States Code Chapter 18 section 2251A, selling or buying of children. Under the statute, a person is guilty of the offense if he or she is the parent or legal guardian of a child and if he or she sells or transfers custody of a minor to another person with knowledge that the minor will be used to produce child pornography materials. It is difficult to imagine a parent giving custody of a child to another with the intent for the child to be depicted in child pornography, but the fact the statute exists at all is a testament to the fact that people indeed commit this offense.
A person also violates this section if he or she is on the other side of the transaction. The law punishes those who either buy or receive a minor in a transaction that is intended to lead to the production of child pornography materials. A conviction of this offense carries serious criminal penalties. A first time offender will receive a minimum mandatory sentence of thirty years in prison with no maximum sentence. If, in the process of committing the crime, the perpetrator used or affected interstate commerce then the minimum penalty is increased to life imprisonment. The serious penalties facing those convicted of selling or buying of children necessitate retaining a dedicated clearwater criminal lawyer to ensure the best resolution on your case.Speak to Our Attorneys Today
The lawyers at Hanlon Law have the skills, experience, and dedication necessary to achieve the best results for your case. Our lawyers pride themselves on the positive resolutions that they achieve for their clients. Criminal defense firms often survive and thrive based on the goodwill and word of mouth of their happy clients, and our lawyers work tirelessly to ensure that our clients are happy with our efforts on the case. And when you are facing prosecution from a prepared and zealous United States Attorneys Office, it is critical that you find a skilled defense lawyer that is not afraid to take on the powers that be.
Our lawyers have handled countless serious sex crimes and consistently achieve positive results for our clients. That experience helps us to craft the most effective defenses for your specific case. Don’t leave your case up to chance, instead consult with our lawyers today at 727-897-5413.