Child Pornography

Population Snapshot

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Of the 64,124 cases reported in FY 2023, 1,408 involved child pornography.[1] Child pornography offenses have increased by 2.9% since FY 2019.[2]

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Individual and Offense Characteristics

 

 

  • 47.3% of individuals sentenced for child pornography were sentenced for trafficking child pornography; 43.9% for possessing child pornography; and 8.8% for receiving child pornography.
     
  • 98.8% were men.
     
  • 77.1% were White, 12.8% were Hispanic, 5.8% were Black, and 4.3% were Other races. 
     
  • Their average age was 41 years.
     
  • 96.2% were United States citizens.
     
  • 71.2% had little or no prior criminal history (Criminal History Category I);
    • 9.0% were CHC II;
    • 13.7% were CHC III;
    • 3.2% were CHC IV;
    • 1.6% were CHC V;
    • 1.2% were CHC VI.
       
  • The top five districts for individuals sentenced for child pornography were:
    • Eastern District of Virginia (55);
    • Southern District of Texas (52);
    • Middle District of Florida (50);
    • Southern District of Florida (48);
    • Western District of Texas (44, tie);
    • Eastern District of Missouri (44, tie).
       

 

 

Punishment

 

  • 99.0% of individual sentenced for child pornography were sentenced to prison; their average sentence was 114 months.
     
  • The average sentence for individuals convicted of trafficking child pornography was 148 months:[3] 
    • 87.3% of these individuals were convicted of an offense carrying a five-year mandatory minimum penalty; their average sentence was 135 months.
    • 12.7% had a prior sexual abuse or child pornography conviction and were subject to a 15-year mandatory minimum penalty; their average sentence was 236 months.
       
  • The average sentence for individuals convicted of possessing child pornography was 79 months:[4]
    • 74.4% of these individuals were not convicted of an offense carrying a mandatory minimum penalty; their average sentence was 62 months.
    • 25.6% had a prior sexual abuse or child pornography conviction and were subject to a ten-year mandatory minimum penalty; their average sentence was 129 months.
       
  • The average sentence for individuals convicted of receiving child pornography was 101 months:
    • 87.5% of these individuals were convicted of an offense carrying a five-year mandatory minimum penalty; their average sentence was 87 months.
    • 12.5% had a prior sexual abuse or child pornography conviction and were subject to a 15-year mandatory minimum penalty; their average sentence was 195 months.
       

 

 

 

Sentences Relative to the Guideline Range

  • 39.9% of individuals sentenced for child pornography were sentenced under the Guidelines Manual. Of all individuals sentenced for child pornography:
    • 33.7% were sentenced within the guideline range.
    • 3.4% received some other downward departure.
      • Their average sentence reduction was 35.8%.
    • 2.3% received a substantial assistance departure.
      • Their average sentence reduction was 37.6%.
    • 0.3% received an upward departure.
      • Their average sentence increase was 25.8%.
  • 60.1% received a variance; of those individuals:
    • 57.1% received a downward variance.
      • Their average sentence reduction was 38.8%.
    • 3.0% received an upward variance.
      • Their average sentence increase was 36.2%.
         

 

 

[1] Individuals sentenced for child pornography are those convicted of Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic; Possessing Material Involving the Sexual Exploitation of a Minor (§2G2.2). It does not include cases where individuals are convicted of Production of Child Pornography (§2G2.1).

[2] Cases with incomplete sentencing information were excluded from the analysis. Cases that do not meet logical criteria were also excluded.

[3] Individuals convicted of Trafficking in Material Involving the Sexual Exploitation of a Minor and Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor are subject to a five-year mandatory minimum penalty, or 15 years with a prior conviction for sexual abuse or child pornography.

[4] Individuals convicted of Possessing Material Involving the Sexual Exploitation of a Minor (§2G2.2) are subject to a ten-year mandatory minimum penalty with a prior conviction for sexual abuse or child pornography.

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.

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