Title page
Contents
Introduction 6
Key Findings 9
Methodology 13
Chapter 1. Overview of Sentencing Framework 15
Statutory Scheme 16
Sentencing Guidelines 17
Chapter 2. Data Overview 18
Introduction 19
Sentencing Characteristics 23
Chapter 3. Content, Community, and Conduct 29
Introduction 30
Content and Collection Behavior 31
Child Pornography Communities 38
Aggravating Conduct 41
Chapter 4. Sentencing Disparities 49
Introduction 50
Charging Practices 51
Distribution and Production Conduct 53
Comparing Sentencing Outcomes 55
Chapter 5. Recidivism 62
Conclusion 68
Appendix A 73
Appendix B 77
Appendix C 78
Endnotes 81
Table 1. Method of Receipt 35
Table 2. Method of Distribution 36
Table 3. Method of Storage 36
Table 4. Method of Concealment 37
Table 5. Type of Aggravating Conduct Among §2G2.2 Offenders 45
Figure 1. District Court Documents Received by the Commission 13
Figure 2. Federal Offenders Sentenced in Fiscal Year 2019 14
Figure 3. §2G2.2 Offenders by Type of Child Pornography Offense 19
Figure 4. Trend in Number of §2G2.2 Offenders by Type of Child Pornography Offense 20
Figure 5. Trend in Sentence Length by Child Pornography Offense 23
Figure 6. Average Guideline Minimum and Sentence Imposed by Child Pornography Offense 24
Figure 7. Trend in Average Guideline Minimum and Sentence Imposed for All §2G2.2 Offenses 25
Figure 8. Sentences Relative to the Guideline Range for All §2G2.2 Offenses 26
Figure 9. Sentences Relative to the Guideline Range by Type of Child Pornography Offense 26
Figure 10. Trend in Sentences Relative to the Guideline Range for All §2G2.2 Offenses 27
Figure 11. Average Guideline Minimum and Sentence Imposed for §2G2.2 Below-Range Cases 28
Figure 12. §2G2.2 Offenders by Child Pornography Offense 31
Figure 13. Total Image Equivalency 32
Figure 14. Age of Youngest Victim 33
Figure 15. Gender of Victims 34
Figure 16. Child Pornography Community Participation Among §2G2.2 Offenders 40
Figure 17. Aggravating Conduct Among §2G2.2 Offenders 43
Figure 18. Trend in Aggravating Conduct by §2G2.2 Offenders 44
Figure 19. Average and Median Sentence Length by Offense Behavior 46
Figure 20. Sentences Relative to the Guideline Range by Offense Behavior 48
Figure 21. Final Offense of Conviction for Offenders Initially Charged with Distribution or Receipt of Child Pornography 51
Figure 22. Final Offense of Conviction for Offenders Initially Charged with Production of Child Pornography 52
Figure 23. Was Distribution Conduct Involved in the Child Pornography Offense? 53
Figure 24. Was Production Conduct Involved in the Child Pornography Offense? 54
Figure 25. Variation of Sentence Length Among Similarly Situated Possession Offenders 56
Figure 26. Variation of Sentence Length Among Similarly Situated Receipt Offenders 57
Figure 27. Variation of Sentence Length Among Similarly Situated Possession and Receipt Offenders 58
Figure 28. Variation of Sentence Length Among Similarly Situated Possession Offenders with Distribution Enhancement 59
Figure 29. Variation of Sentence Length Among Similarly Situated Distribution Offenders 60
Figure 30. Variation of Sentence Length Among Similarly Situated Possession and Distribution Offenders with Same Distribution Enhancement 61
Figure 31. Recidivism Events by Non-Production Child Pornography Offenders Released or Placed on Probation in 2015 After Three-Year Follow-Up Period 66
Figure 32. Time to First Rearrest for Non-Production Child Pornography Offenders Released or Placed on Probation in 2015 67
Table A-1. Districts with Highest Number of Non-Production Child Pornography Cases 73
Table A-2. Districts with Non-Production Child Pornography as Highest Percentage of Caseload 73
Table A-3. Non-Production Child Pornography Cases in Each Circuit and District 74
Figure B-1. Trend in Within-Range Sentences for Non-Production Child Pornography Offenses 77
Figure C-1. Trend in Average Guideline Minimum and Sentence Imposed for Child Pornography Possession Offenses 78
Figure C-2. Trend in Average Guideline Minimum and Sentence Imposed for Child Pornography Receipt Offenses 79
Figure C-3. Trend in Average Guideline Minimum and Sentence Imposed for Child Pornography Distribution Offenses 80