Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Possessing, receiving or viewing child pornography | 10 years | 2 | 1–36 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Possessing child pornography with intent to distribute | 15 years | 3 | 30–120 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Distributing child pornography | 20 years | 3 | 30–120 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Producing child pornography | 30 years | 4 | 120–240 months | Dishonorable discharge and forfeiture of all pay and allowances |
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
At Bilecki Law Group,We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
What is UCMJ Article 134: Child Pornography
Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Possessing, receiving or viewing child pornography | 10 years | 2 | 1–36 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Possessing child pornography with intent to distribute | 15 years | 3 | 30–120 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Distributing child pornography | 20 years | 3 | 30–120 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Producing child pornography | 30 years | 4 | 120–240 months | Dishonorable discharge and forfeiture of all pay and allowances |
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.?
Accusations made against you by the U.S. Military involving child pornography have brought your life to a standstill and shocked friends and family. As the revelations continue unabated, you are under extreme pressure to find a quick solution, and quickly.
The government is moving against you at a record pace. And if you do not protect yourself now, you could find yourself facing a nightmare situation: a maximum sentence for child pornography charges under Article 134 of the UCMJ .
- These offenses carry maximum prison sentences that could last decades. You could be behind bars for the rest of your life without experienced legal representation.
- Your military career will be over if the court finds you guilty. Your salary, pay, and bonuses will be forfeited.
- Your pension, your healthcare, and all other military benefits will be taken from you, the equivalent of hundreds of thousands of dollars if not millions of dollars over your lifetime.
Your future hangs in the balance of your upcoming court-martial. Do not delay. Contact our law offices and start fighting back TODAY.
What Is Article 134 (Child Pornography) of the UCMJ?
Every single one of the articles of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. Article 134 defines four child pornography offenses, each with its own set of elements which must be proven.
- Possessing, receiving, or viewing child pornography.
- That the accused knowingly and wrongfully possessed, received, or viewed child pornography
- Possessing child pornography with intent to distribute
- That the accused knowingly and wrongfully possessed child pornography; and
- That the possession was with the intent to distribute
- Distributing child pornography
- That the accused knowingly and wrongfully distributed child pornography to another
- Producing child pornography
- That the accused knowingly and wrongfully produced child pornography
In addition to these elements, all child pornography offenses require proof that under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Summary of the Elements of Article 134 (Child pornography): The possession, viewing, distribution, and production of child pornography are all made illegal under Article 134 of the UCMJ.
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Military Defense Attorney for Article 134 of the UCMJ: Fighting Back Against Child Pornography Charges
Your child pornography case may seem hopeless. It may seem as if law enforcement, your command, and even friends and family, have already found you guilty. The truth is, you can and should fight back against these accusations. The alternative, not fighting back at all, is simply too dangerous to allow to happen.
You must fight back.
Make no mistake: you will be hit hard. Harder than that vast majority of all other court-martial cases. The government will come after you with all the resources at its disposal. Multiple prosecutors, forensic evidence, and expert witness testimony are just the beginning. The jury, no matter how well-selected, will be biased against you.
[Image: UMCJ Article 134:]
In the end, the only thing standing between you and a conviction with a maximum sentence is your attorney. And few law firms can match the expertise, the firepower, and the forensic network of Bilecki Law Group.
Frequently Asked Questions About Article 134: Child Pornography
What Is Your Strategy for Winning Child Pornography Cases?
Bilecki Law Group has been helping service members secure the best possible outcomes for their child pornography cases for a long time. Our strategies usually involve a few key pieces of information, such as:
- Was the law enforcement search of the computer legal?
- Are the images actually child pornography?
- Did the service member know of or intentionally possess child pornography?
We may attack the prosecution’s case based on one or all three of those questions. Other times, just undermining one aspect of the prosecution’s case is enough to bring the whole thing tumbling down around them. Lastly, specialized forensic review may be needed to test the digital evidence and prepare your defense.
What Forensic Evidence Is Used in a Child Pornography Case?
Forensic evidence is any evidence obtained by scientific methods. In the case of child pornography, this is usually digital evidence found on computers, cellphones, tablets and other electronic devices. Forensic evidence is often the cornerstone of the prosecution’s case against you. It is imperative that you have a defense team that can put that evidence into question or eliminates it from the court hearing entirely.
Are There Mandatory Minimums For Child Pornography Cases?
The listed Article 134 child-pornography offenses do not carry an offense-specific mandatory minimum punishment. That does not eliminate the lower end of an applicable sentencing parameter. The table above explains the category for each listed offense; a departure requires the judge’s written factual explanation. A charge incorporating another federal statute under Article 134 requires separate analysis and may carry different punishment rules. Bilecki Law Group can examine the charge and the consequences that apply to your case.