Quick Facts
— Child Pornography Offenders —
Fiscal Year 2018 Offender and Offense Characteristics2
• 45.5% of child pornography offenders were sentenced for
IN FY 2018, 69,425 CASES WERE REPORTED TO trafficking child pornography; 43.3% were sentenced for
THE U.S. SENTENCING COMMISSION. possessing child pornography; and 11.2% were sentenced for
receiving child pornography.
1,414 OF THESE INVOLVED CHILD PORNOGRAPHY.1
• 99.3% of child pornography offenders were men.
CHILD PORNOGRAPHY OFFENDERS HAVE DECREASED
• 83.3% were White, 9.5% were Hispanic, 4.2 % were Black, and 3.0%
12.4% SINCE FY 2014.
were Other races.
Number of • Their average age was 41 years.
Child Pornography Offenders
• 97.8% were United States citizens.
2,000
1,613 1,557 1,591 • 76.5% had little or no prior criminal history (Criminal History
1,403 1,414 Category I).
1,500
♦ 9.5% were CHC II;
♦ 8.0% were CHC III;
♦ 3.2% were CHC IV;
1,000
♦ 1.8% were CHC V;
♦ 1.0% were CHC VI.
500
• The top six districts for child pornography offenders were:
♦ Southern District of Texas (54);
♦ Eastern District of Virginia (51);
0
♦ Western District of Missouri (50);
FY FY FY FY FY
2014 2015 2016 2017 2018
♦ Eastern District of Missouri (38);
♦ Middle District of Florida (38);
♦ Western District of Texas (35).
Length of Mandatory Minimum Penalties for
Child Pornography Offenders
Punishment
FY 2018
More than
• 99.1% of child pornography offenders were sentenced to prison;
20 Years
their average sentence was 104 months.
15 Years
7.4% 0.2%
• The average sentence for offenders convicted of trafficking in child
pornography was 136 months3:
10 Years ♦ 86.6% of these offenders were convicted of an offense
8.2% carrying a five-year mandatory minimum penalty; their
average sentence was 116 months.
None
♦ 13.4% had a prior sexual abuse or child pornography
35.1%
conviction and were subject to a 15-year mandatory
minimum penalty; their average sentence was 269 months.
• The average sentence for offenders convicted of receiving child
pornography was 105 months:
Five Years ♦ 87.1% of offenders sentenced for receiving child pornography
49.1% were convicted of an offense carrying a five-year mandatory
minimum penalty; their average sentence was 85 months.
♦ 2.9% had a prior sexual abuse or child pornography
conviction and were subject to a 15-year mandatory
minimum penalty; their average sentence was 241 months.
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www.ussc.gov — Child Pornography Offenders —
[email protected] @theusscgov
Punishment (continued)
Sentence Relative to the
• The average sentence for offenders convicted of possessing child Guideline Range (%)
pornography was 70 months4: Within Range Variance
♦ 81.0% of offenders were convicted of an offense not carrying a Substantial Assistance Other Downward
mandatory minimum penalty; their average sentence was 54 months.
♦ Another 19.0% had a prior sexual abuse or child pornography 100
conviction and were subject to a 10-year mandatory minimum penalty;
their average sentence was 138 months.
75
Sentences Relative to the Guideline Range
50
• 37.2% of child pornography offenders were sentenced under the Guidelines
Manual:
25
♦ 28.4% of all child pornography offenders were sentenced within the
guideline range. 0
FY FY
♦ 2.0% of all child pornography offenders received a substantial assistance 2014 2018
departure.
◊ Their average sentence reduction was 42.7%.
Average Guideline Minimum and
♦ 6.2% of all child pornography offenders received some other downward Average Sentence
departure. (months)
◊ Their average sentence reduction was 43.6%. Guideline Minimum Sentence
200
• 62.8% of all child pornography offenders received a variance:
♦ 61.2% of all child pornography offenders received a below range 150
variance.
◊ Their average sentence reduction was 40.1%.
100
♦ 1.7% of all child pornography offenders received an above range
variance.
◊ Their average sentence increase was 43.9% 50
0
Sentence Imposed Relative to the Guideline Range FY 2018 FY FY
2014 2018
1 Child pornography offenders are those convicted of
Under Within Range Trafficking in Material Involving the Sexual Exploitation of a
Guidelines 28.4% Minor; Receiving, Transporting, Shipping, or Advertising
Manual Material Involving the Sexual Exploitation of a Minor;
37.2% Possessing Material Involving the Sexual Exploitation of a
Other Downward Minor with Intent to Traffic; Possessing Material Involving the
6.2% Sexual Exploitation of a Minor (§2G2.2). It does not include
cases where offenders are convicted of Production of Child
Pornography (§2G2.1),
Substantial Assistance
2.0% 2 Cases with incomplete sentencing information were
excluded from the analysis.
Variances Upward Departure
62.8% 0.7%
3 Offenders 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, 15 years with a prior conviction for sexual
abuse or child pornography.
4 Offenders convicted of Possessing Material Involving the
Sexual Exploitation of a Minor (§2G2.2) are subject to 10-
year mandatory minimum penalty with a prior conviction for
sexual abuse or child pornography.
SOURCE: United States Sentencing Commission, FY 2014 through FY 2018 Datafiles, USSCFY14-USSCFY18.
