702-623-6362 
A search warrant, seized phone, or interview request can be your first indication of a federal sex crime investigation. What you say and do next may affect your defense, your ability to remain out of custody, and your family.
LV Criminal Defense represents people facing federal criminal charges in Las Vegas and throughout Nevada. Attorney Nicholas Wooldridge can assess the allegations, address urgent concerns, and develop a defense based on the evidence.
Call (702) 623-6362 or request a confidential consultation. You can seek legal advice before charges are filed.
On This Page
Federal prosecutors must establish a specific federal offense and its jurisdictional requirements. Depending on the statute, the connection may involve internet communications, interstate commerce, travel, or conduct within specified federal jurisdiction.
Crossing a state line is not always necessary. For example, 18 U.S.C. § 2252A reaches certain image offenses involving interstate communications or materials that previously moved in interstate commerce.
The same behavior may be used to bring both state and federal charges. This is explained in our Nevada Sex Crimes Guide as it relates to state law.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Child sexual abuse material (CSAM), which is referred to as “child pornography” by federal law, includes knowing possession, accessing with intent to view, receiving, and distributing CSAM. Each of these acts are separate offenses under various statutes such as § 2252A. Production allegations are based on 18 U.S.C. § 2251. The defense must determine what the material shows; who had control over the device/account; and what the accused knowingly did. Simply finding a file does not establish all elements.
The use of interstate commerce to solicit, induce, entice, or coerce a minor (under 18) into prostitution or any other type of criminal sexual activity is covered by 18 U.S.C. § 2422(b). An actual minor or meeting is not necessary for an attempt conviction.
To convict a defendant of an attempt, the Ninth Circuit requires that prosecutors prove the required intent and a substantial step. Additionally, the proposed activity must meet the applicable criminal-law requirements; the other person’s stated age alone does not determine whether it is a crime.
18 U.S.C. § 1591 covers specified conduct involving commercial sex with minors or adults subjected to force, fraud, or coercion, when its other elements are met.
Transportation is not required, and force, fraud, or coercion need not be proved in a qualifying minor-trafficking case. Adult consensual commercial sex does not, by itself, establish this trafficking offense.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
18 U.S.C. Section 2423 defines transporting minors for criminal sexual activity; certain types of travel with illegal intent; and specific conduct abroad. The subsections of the statute; age of the minor(s); citizenship/residency requirements of the minor(s); and alleged purpose of the transportation/travel will be relevant.
Federal sexual abuse laws (such as 18 U.S.C. Section 2241) establish what constitutes an act of sexual abuse within the various federal jurisdictions and/or custodial facilities. It is important to review both the location and jurisdictional aspects of your case.
The following list illustrates the statutory prison range for adult defendants who do not have any qualifying prior convictions.
| Offense | Statutory prison range |
|---|---|
| CSAM production, § 2251(e) | 15–30 years |
| CSAM receipt or distribution, § 2252A(b)(1) | 5–20 years |
| Enticement or attempted enticement, § 2422(b) | 10 years to life |
| Trafficking involving a person aged 14–17, without force, fraud, or coercion, § 1591(b)(2) | 10 years to life |
| Trafficking involving force, fraud, or coercion, or a person under 14, § 1591(b)(1) | 15 years to life |
Under Section 2252A(a)(5), possession of child pornography is generally punishable by up to 10 years; however, if the material involves a prepubescent child or a child under 12, the maximum penalty increases to 20 years. Prior convictions may be used to enhance the penalty.
A first offense does not eliminate an applicable mandatory minimum. Sentencing also requires analysis of the Guidelines, enhancements, and any legally available basis for a lower sentence.
Consult with an attorney prior to participating in a voluntary interview or allowing further searches. Do not interfere with the execution of a search warrant.
Do not delete messages from your device; do not wipe your device; do not have anyone else modify evidence. Do not contact the complainant or an undercover account to explain yourself. Do not send suspected illegal images via any means, including through a consultation form; your attorney will be able to provide you with a way to legally review evidence.
Early defense work before charges may involve contacting investigators; preserving favorable records; and identifying urgent deadlines.
The defense must challenge the government’s version of events based upon all available information:
• Identity and Knowledge: Who had access to the computer/device/account/network? How does this establish knowing possession or transmission?
• Purpose & Context: Is there enough conversation to show that the suspect believed he/she was talking to a minor; and what did the suspect do to take a significant step toward the crime?
• Search Legality: Did investigators have the right to get and use the evidence they found?
• Trafficking Elements: What establishes the commercial act, required mental state, and alleged coercion?
• Entrapment: Did government inducement overcome a lack of predisposition? Entrapment is more than just an officer providing an opportunity. Preparation for a defense may include forensic analysis, filing motions to suppress evidence, preparing for trial, and reviewing any potential plea agreements.
Prior to accepting a plea agreement, assess the factual basis; sentencing issues; registration requirements; supervision requirements; and any related state cases. Your type of conviction determines what obligations exist once you have completed your prison sentence.
Certain offenses create a rebuttable presumption that an individual will remain in custody pursuant to 18 U.S.C. § 3142. Attorneys should immediately evaluate the conditions of release, where the individual will live, how they will be supervised and what contact restrictions may apply. Upon conviction, § 3583(k) allows for supervised release for a period of five years to life based upon the offense(s).
Registration is a different issue; SORNA establishes minimum registration requirements of 15 years, 25 years or life based upon the tier level and provides limited opportunities for reduction. In addition, attorneys must determine if there are any applicable state registration requirements. Failure to knowingly register may result in a separate federal charge under 18 U.S.C. § 2250 if all elements are satisfied.
You do not need to wait for an indictment to discuss your situation. Nick Wooldridge can review an investigation, pending charges, or an approaching detention hearing and explain the available options.
Bring any warrant, target letter, charging document, or court notice. Tell us immediately if someone is in custody or a hearing is scheduled.
Federal Criminal Attorney in Las Vegas, Nevada