> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Producing Child Pornography Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far - URL: https://www.bodiesburied.com/trends/federal-child-pornography-production-2023-sentencing-reform-so-far/ - Published: 2026-11-03T01:38:22.000Z - Updated: 2026-11-03T01:38:22.000Z - Description: It may be too early to tell what the 2023 military sentencing reform changed for producing child pornography (images of child exploitation). The median court-martial confinement was 41.4 months for trials in 2022 and 2023 and 119.9 months for trials in 2024 and 2025. The federal median prison term w - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Federal [Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Producing Child Pornography](https://www.bodiesburied.com/trends/federal-producing-child-pornography-vs-courts-martial/) › Producing Child Pornography: 2023 Reform **In brief:** It may be too early to tell what the 2023 military sentencing reform changed for producing child pornography (images of child exploitation). The median court-martial confinement was 41.4 months for trials in 2022 and 2023 and 119.9 months for trials in 2024 and 2025\. The federal median prison term was 240 months in fiscal years 2022 and 2023 and 264 months in fiscal years 2024 and 2025. Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results This post uses the U.S. Sentencing Commission's records of 5,806 people sentenced in federal court in fiscal years 2022 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025\. It is part of the [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/). ## What the Reform Changed and Why It Is Hard to Measure Yet The reform applies when every guilty finding is for an offense committed after December 27, 2023\. In those cases, a military judge sentences alone under sentencing parameters. Courts-martial tried in 2024 and 2025 include both old-rule and new-rule cases, and the records cannot tell them apart. It may be too early to tell what the reform changed, so this post reports what the data shows so far. ## Court-Martial Sentences Before and After The records list 11 convictions for trials in 2022 and 2023 (2 Army, 3 Air Force, 2 Navy, and 4 Marine Corps). All 11 included confinement, with a median of 41.4 months, and a quarter received 106.9 months or more. For trials in 2024 and 2025, the records list 26 convictions (9 Army, 4 Air Force, 4 Navy, and 9 Marine Corps). The median confinement was 119.9 months, or 10 years, and a quarter received 203.9 months or more. Confinement was part of the sentence in 24 of the 26 (92%). | | Courts-martial 2022–2023 | Courts-martial 2024–2025 | Federal FY2022–2023 | Federal FY2024–2025 | | ------------------------------- | ------------------------ | ------------------------ | ------------------- | ------------------- | | Convictions or people sentenced | 11 | 26 | 1,456 | 1,549 | | With confinement or prison | 100% | 92% | more than 99% | more than 99% | | Median confinement or prison | 41.4 months | 119.9 months | 240 months | 264 months | | Guilty pleas | 91% | 92% | 94% | 94% | ## What the Change in Medians Does and Does Not Mean The median was higher in the later period. That increase happened in the same years as the reform, and the records cannot show whether one caused the other. The earlier group has only 11 convictions, and the later group mixes cases under both rules. The records do not show what else differed between the groups. ## Discharges and Pleas In the earlier period, 9 of the 11 enlisted members (82%) received a punitive discharge: 7 dishonorable discharges and 2 bad-conduct discharges. In the later period, all 26 (100%) received one: 21 dishonorable discharges and 5 bad-conduct discharges. Guilty pleas were 10 of 11 (91%) in 2022 and 2023, and 23 of 25 (92%) in 2024 and 2025\. All convictions in both periods were at a general court-martial. ## Federal Sentences in the Same Years The U.S. Sentencing Commission counted 1,456 people sentenced under guideline §2G2.1, the production guideline, in fiscal years 2022 and 2023\. A prison term went to 1,453, and 3 received probation only. The median prison term was 240 months, or 20 years. A quarter received 360 months or more, a quarter received 180 months or less, and 29 received life. ## Federal Sentences in Fiscal Years 2024 and 2025 In fiscal years 2024 and 2025, 1,549 people were sentenced under the same guideline. Prison went to 1,543, and 5 received probation only. The median prison term was 264 months, or 22 years, which was higher than in the earlier years. A quarter received 360 months or more, and a quarter received 192 months or less. A life sentence was imposed on 26 people. The military reform does not apply to federal court. The federal numbers show only what was recorded in a separate system over the same years. ## What the Records Cannot Show The court-martial groups are small, and each median can change with a few sentences. Neither data set gives the facts of individual cases. Court-martial sentences are as adjudged, before clemency or appeal, and federal terms are terms imposed, not time served. Later data, with more cases tried only under the new rules, would be needed before any conclusion about the reform. ### How We Counted Courts-martial ending in a conviction for producing child pornography (images of child exploitation): trials in 2022 and 2023 (11) and in 2024 and 2025 (26). Federal: people sentenced under primary sentencing guideline §2G2.1 (production; 18 U.S.C. 2251) in fiscal years 2022 and 2023 (1,456) and 2024 and 2025 (1,549), U.S. Sentencing Commission. Federal fiscal years run from October 1 to September 30\. No person, judge, or lawyer is identified in any of these records. ### What to Keep in Mind **Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended. **Different cases reach each system.** Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts. **Time periods.** Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually. **Offense categories do not line up exactly.** Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match. **Mandatory minimum sentences.** Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge. **No parole in federal prison; credit for good conduct.** Federal prison has no parole for crimes committed on or after November 1, 1987\. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served. **Military confinement credit and parole.** For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served. **Military sentences include punishments federal sentences do not.** A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show. **Federal supervised release.** Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial. **Who decides the sentence, and under what rules.** Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart. **How life sentences and "time served" are counted.** In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less. ## Related Analysis - [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article) - [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts) - [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method) - [Producing Child Pornography: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-producing-child-pornography-vs-courts-martial/) (overview) - [Guilty Pleas in Producing Child Pornography Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-child-pornography-production-guilty-plea-rate-vs-courts-martial/) - [Producing Child Pornography Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-child-pornography-production-junior-enlisted-vs-federal-court/) - [Producing Child Pornography Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-child-pornography-production-ncos-vs-federal-court/) - [Producing Child Pornography: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-production-vs-air-force/) - [Producing Child Pornography: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-child-pornography-production-vs-army/) - [Producing Child Pornography: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-child-pornography-production-vs-marine-corps/) - [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/) (related comparison) - [Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year](https://www.bodiesburied.com/trends/federal-guilty-plea-rates-vs-courts-martial/) (related comparison) - [Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-sentences-vs-courts-martial/) (related comparison) - [Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) (related comparison) - [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) (related comparison) - [Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial](https://www.bodiesburied.com/trends/federal-sexual-abuse-adult-vs-article-120/) (related comparison) - [Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sexual-abuse-enticement-vs-article-120b/) (related comparison) - [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) (related comparison) - [Fewer or More? General Article Charges at Army Courts-Martial, 2021–2025](https://www.bodiesburied.com/trends/army-article-134-trend-2021-2025/) (court-martial data) - [What Sentence Follows an Army General Article Conviction?](https://www.bodiesburied.com/trends/army-article-134-sent-2021-2025/) (court-martial data) - [Fighting an Army General Article Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/army-article-134-acq-2021-2025/) (court-martial data) - [Guilty Pleas in Army General Article Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-134-plea-2021-2025/) (court-martial data) - [Air Force Article 134 Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-134-trend-2016-2025/) (court-martial data) - [What Sentence Follows an Air Force General Article Conviction?](https://www.bodiesburied.com/trends/air-force-article-134-sent-2016-2025/) (court-martial data) - [Guilty Pleas in Air Force General Article Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/air-force-article-134-plea-2016-2025/) (court-martial data) - [Is Navy-Marine Corps General Article Prosecution Rising or Falling? Article 134, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-134-trend-2017-2025/) (court-martial data) - [What Sentence Follows a Navy-Marine Corps General Article Conviction?](https://www.bodiesburied.com/trends/navy-marine-corps-article-134-sent-2017-2025/) (court-martial data) - [Not Guilty Pleas in Navy-Marine Corps Article 134 Cases: What Happened at Trial](https://www.bodiesburied.com/trends/navy-marine-corps-article-134-acq-2017-2025/) (court-martial data) - [When Navy-Marine Corps Accused Plead Guilty to General Article](https://www.bodiesburied.com/trends/navy-marine-corps-article-134-plea-2017-2025/) (court-martial data) - [Article 134 (General Article): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-134-courts-martial/) (court-martial data) - [Article 134 UCMJ: The General Article](https://www.ucmj-defender.com/practice-areas/court-martial/article-134/?ref=bodiesburied.com) (law firm reference page) - [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source) - [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (source) **About the author.** Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts *Where All The Bodies Are Buried* and runs the [Law Office of Jocelyn C. Stewart](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.