A registered sex offender’s group messaging activities led to a conviction for receipt and possession of child sexual abuse material (CSAM). Angel Figueroa, 51, of Fall River, was sentenced by U.S. District Court Judge Indira Talwani for receiving and possessing child sexual abuse material (CSAM) via groups on a messaging app. He was also ordered to pay restitution to victims.
Figueroa’s cell phone contained approximately 523 images and 72 videos of CSAM depicting children as young as infants. Figueroa was previously convicted for indecent assault and battery on a child under 14.
Is there a Difference Between Child Pornography and Child Sexual Abuse Material CSAM?
“Child pornography” is a phrase that is being phased out and replaced with “child sexual abuse material” (CSAM) to acknowledge the victimization of children who are depicted in these images. Every image of a child is considered to be a record of a child’s exploitation, molestation or rape, therefore federal law takes possession of child sexual abuse material extremely seriously.
Possession of CSAM often becomes a federal crime when the accused are using messaging apps or any electronic devices to receive prohibited material. Using such transmission methods is defined as using or affecting means or facility of interstate or foreign commerce, and it is a federal crime. Federal law prohibits the production, advertisement, transportation, distribution, receipt, sale, access with intent to view, and possession of child sexual abuse material (CSAM).
Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Nudity can be sufficient if it is suggestive. This can include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images that are created, adapted, or modified, but appear to depict an identifiable minor.
Federal Sentencing for Possession of Child Sexual Abuse Material
Federal authorities take their duty to protect innocent victims of child sexual abuse seriously. The federal punishments for possession of child sexual abuse material are extremely severe. A first offense of possession of child pornography could result in up to 10 years in prison. Subsequent offenses could lead to penalties of up to 20 years. Depending on the age of the minor depicted and the nature of the images, penalties become more serious. Possession of child pornography involving a minor 12 or older is classified as a Class D felony, punishable by up to ten years in prison, lifetime supervised release, and fines up to $250,000. Possession of child pornography involving a prepubescent minor can lead to a sentence of up to twenty years in prison, lifetime supervised release, and fines up to $250,000.
Allegations of any sex offense involving a child can lead to life changing consequences. Even an accusation can have serious professional and social consequences. There are cases in which people may have accidentally downloaded such material due to phishing and malware. Anyone who is accused of a serious federal sex crime should act fast to retain an experienced sex crimes defense attorney as soon as possible. Contact our experienced team of Boston sex crimes defense attorneys at 617-880-6155 to learn more.
