Are you facing a federal sex crime charge in Indiana? Being charged with federal sex crimes is a serious situation that requires experienced lawyers for sex crimes to defend you. Federal sex crimes may result in lengthy jail time, mandatory minimum jail sentences, hefty mandatory restitution payments, and registration as a federal sex offender.
As someone charged with federal sex crimes, you do have certain constitutional rights that must be protected as you proceed with your case. These constitutional rights start even before you are arrested, such as your right to remain silent and to be represented by a lawyer. You will need the best lawyers for sex crimes to defend your rights. The Stracci Law Group is located in Crown Point, Indiana.
What Is a Federal Sex Crime?
Sex crime laws are crimes that involve sexual conduct. More severe or aggravated sex crime cases, those that involve child pornography, or those that cross state and international borders can be prosecuted by the Federal government under federal sex crime laws.
The phrase “sex crimes” can encompass several criminal acts, but each sex crime has particular statutory elements. As defined by the United States Code, Title 18, federal sex crimes include crimes against children, human trafficking, production of child pornography, possession or distribution of child pornography, sex crimes that cross state lines, and other sexual assaults.
Types of Federal Sex Crimes We Handle
At Stracci Law Group, every federal sex crime lawyer is an expert in federal sex crimes and offenses, including:
Internet Sex Crimes
Using the internet to engage in sexual exploitation.
Production of Child Pornography
Producing material featuring a person under 18 years old engaging in sexually explicit conduct.
Distribution of Child Pornography
Sharing sexually explicit material featuring a person under 18 years old.
Possession of Child Pornography
Possessing sexually explicit material featuring a person under 18 years old.
Human Sex Trafficking
Using force, fraud, or coercion to obtain or transport a person for commercial sex acts.
Child Sex Trafficking
Sex trafficking involving persons under the age of 18.
Transportation of a Minor with Intent to Engage in Criminal Sexual Activity
Transporting a minor across state lines for any criminal sexual activity.
Aggravated Sexual Abuse
Crossing state lines to engage in a sexual act with a person under the age of 12.
Sexual Abuse of a Minor
Causing a person under the age of 12 to engage in sexual acts or engaging in sexual acts with a person older than 12 who has not reached the age of 16 (if that person is at least four years younger).
Knowingly persuading, inducing, enticing, or coercing any individual to cross state lines (including minors) to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.
Coercion and Enticement
Forcing, coercing, persuading, or enticing an adult or minor to cross state lines to engage in sexual activity that constitutes a criminal offense, like to engage in prostitution or sexual abuse.
Pressuring, recruiting, enticing, harboring, or otherwise soliciting a minor for sexual activity, commercial sexual activity, or to engage in conduct that can lead others to engage in sexual behavior.
Penalties for Federal Sex Offenses
Due to the severity and nature of federal sex crime charges, their punishments and penalties tend to be more severe than state laws. Sentencing requirements for each federal sex crime charge are contained in Title 18 of the U.S. Code. Some federal sex crimes come with 5, 10, or 15-year mandatory minimum sentences, which could increase depending on a person’s prior convictions. Other federal sex crimes do not, and instead have “capped” sentences of up to 10, 20, or more years.
In recent years, the filing of federal sex crime charges in federal court has dramatically increased. Given advancements in technology, federal sex crimes involving child pornography, computers, and the internet are some of the most commonly filed federal sex crime charges.
The federal statute of limitations sex crimes sets the time period that federal sex crime charges must be filed. It is supposed to ensure prompt prosecution of federal sex crime charges and protect people from having to defend against allegations that are so dated that they would now be nearly impossible to defend.
While the statute of limitation for crimes varies from state to state, the statute of limitation for federal sex crime charges is governed by federal statute. Mandy federal sex crimes, like sex trafficking, aggravated sexual abuse, sexual abuse of a minor or ward, and transporting a minor across state lines for illicit sexual activity, have no federal statute of limitations sex crimes and can be prosecuted at any time.
Sex Offender Registration and Notification Act
A federal sex crime conviction carries serious consequences. The Sex Offender Registration and Notification Act (SORNA), required states to maintain a system for monitoring and tracking convicted sex offenders after their release to the community. SORNA created a nationwide sex offender registration database and imposed a national set of minimum sex offender registration and notification standards, including rules on where sex offenders may work, live, reside, and move, particularly not near schools and parks.
Sex offender registries exist at the state levels. The SORNA database tracks all convicted sex offenders, including those with a federal sex crime conviction.
SORNA categorizes sex offenses into three “tiers” based on a number of factors including the type of offense, age of the victim, length of the prison sentence, prior convictions, and other aggravating circumstances.
- Tier I offenders are required to maintain registration for 15 years and have their photos taken every year to verify their identity.
- Tier II offenders are required to maintain registration for 25 years and have their photos taken every six months.
- Tier III offenders must register for life and have their photos taken every three months.
Tier III juvenile offenders have a chance to be removed from SORNA after 25 years if they keep a clean criminal record.
Under Section 2250 of Title 18, U.S. Code, it is a federal crime for a federal sex crime conviction offender to knowingly fail to register or update their registration as required by SORNA.
What Are the Defenses to Federal Sex Crimes?
Many federal sex crimes carry severe federal sex crime sentencing and financial penalties. All persons charged with federal sex crime offenses have the absolute right to present a defense to federal sex crime allegations.
Common defenses to federal sex crimes include:
- Lack of Intent
- Mistake of Fact
- Insufficient Evidence
- Illegally Obtained Evidence
- Violation of Right to Counsel
- Withdrawal from the Crime
The accused also has constitutional rights that can be protected by counsel:
- Right to Remain Silent
- Right to Counsel
- Right Against Unreasonable Search and Seizure
- Insufficient Evidence
- Testify in your defense
- Public and Speedy Trial
- Impartial Jury
- Beyond a Reasonable Doubt
- Subpoena Witnesses to Testify
- Cross-Examine Witnesses
- Present Exculpatory Evidence
Federal sex crime sentencing and penalties can be very significant. Federal sex crimes can include a mandatory minimum prison sentence and mandatory sex offender registration. If you are convicted of a federal sex crime, as part of your federal sex crime sentencing you could be ordered to undergo sex offender treatment.
Why You Need a Federal Sex Crime Defense Lawyer?
Many federal sex crime defendants question whether they need a federal sex crime attorney. Federal sex crimes are complex cases that carry potentially very harsh penalties. Do not make the mistake of waiting until after you are charged with a federal sex crime before finding a federal sex crime attorney.
Being convicted of a federal sex crime can have a negative impact on you for the rest of your life. This is especially true if you are actually innocent of the crime. While defendants can be wrongfully accused of a federal sex crime and rightly exonerated, this is not always the case. You should take your case seriously from the beginning to protect yourself and your family.
As a convicted sex offender, you will carry that stigma for the rest of your life. A federal sex crime attorney can help you navigate the facts of the case and strategize on how to proceed through your legal case. The lawyer can present different options for you, negotiate with the government for a plea deal, and defend you at trial. These cases are often complex with lots of evidence, witnesses, and legal rules, so you should consult with our legal team at Stracci Law Group today.
Consult Our Federal Sex Crimes Defense Attorneys Today
Have you been charged with federal sex crimes? If so, do you know that you have certain constitutional rights, which include the right to counsel and the right to remain silent, also known as the right against self-incrimination? Remember, in the eyes of the law you are innocent until proven guilty.
You will need the best legal representation possible by a federal sex crimes attorney who will defend your rights. Contact the Stracci Law Group today to get a consultation with a federal sex crime attorney. Give us a call by phone (219-525-1000) or fill out our online form to reach us. We are located at 11890 Broadway in Crown Point, Indiana. Our attorneys can discuss your case over the phone, in person, or virtually.