The Federal Sex-Crime Case, Step by Step

🔍1) Investigation: quiet, digital, and often long

Federal sex-crime cases commonly involve online enticement (18 U.S.C. § 2422(b)) and exploitation-imagery offenses under 18 U.S.C. §§ 2252/2252A. Agencies like the FBI/HSI/USPIS quietly pursue device and cloud warrants; the DOJ's step-through of the federal process starts here: Steps in the Federal Criminal Process.

⚖️2) Arrest & Initial Appearance: rights, counsel, release decision

After arrest or indictment, a magistrate judge conducts the initial hearing/arraignment: rights are explained, counsel is appointed if needed, and the court considers release vs. detention.

Why detention is more common in sex-crime cases

The Bail Reform Act generally favors release under the least restrictive conditions, but certain offenses— including those involving minor victims—trigger a rebuttable presumption of detention under 18 U.S.C. § 3142(e). See DOJ guidance on detention practice (Justice Manual 9-6.000) and the archived DOJ resource manual overview here. Empirical court research also discusses how the presumption affects release rates (Federal Probation Journal).

📋3) Charging: complaint, grand jury, indictment

Most federal felonies (including sex offenses) are charged by grand-jury indictment; complaints and preliminary hearings are used earlier in some cases before indictment.

🔬4) Discovery, Digital Forensics & Pretrial Motions

Defense reviews forensic reports and negotiates expert access. Required disclosures include Brady (exculpatory) material—see DOJ's plain-English overview of discovery. Expect months of motion practice (e.g., suppression of digital evidence).

🤝5) Plea Bargaining vs. Trial: hard choices with high stakes

DOJ explains the mechanics of plea bargaining. Sentencing exposure under the Guidelines is a key driver—especially in imagery and production cases.

• Non-production (possession/receipt/distribution): USSC FY 2023 Quick Facts (PDF) and 2021 Non-Production report.
• Production: USSC Production report (2021) and its at-a-glance PDF with average sentences around 23 years (PDF).
• Mandatory minimums: USSC Quick Facts on mandatory minimum penalties (FY 2023).

📊6) Presentence Investigation & Sentencing: what the judge reads

A U.S. Probation Officer prepares a Presentence Investigation Report (PSR), which judges rely on heavily (Rule 32). Parties file sentencing memos; the court weighs the advisory Guidelines and 18 U.S.C. § 3553(a) factors.

🏢7) BOP Designation & Sex-Offender Treatment (SOTP/SOMP)

After sentencing, BOP designates a facility based on security, needs, and proximity. See BOP's Sex Offenders page and the 2025 First Step Act Approved Programs Guide (PDF) describing SOTP-NR and SOTP-R. For broader programming/credits, see the BOP's First Step Act overview and latest Annual Report (2024, PDF).

📝8) Registration (SORNA) & Supervised Release

Most federal sex-offense convictions trigger registration under SORNA (current law) administered by DOJ's SMART Office. Expect lengthy supervised-release terms with strict technology and association conditions. For offense-level data updates, see USSC Quick Facts (2025 series).