From the possession of child pornography to the mere allegation of distributing, a defendant can face lengthy prison sentences, registration as a sex offender for life, and a tarnished reputation and career. Our legal team represents cases involving the possession, distribution, production and solicitation of child pornography, including solicitation of a minor to produce or engage in pornography.
Actual sentences vary based on the quantities of material in question as well as the nature of the accused crime. The most pertinent thing one can do to preserve their rights and safeguard their future is to call an experienced Florida child pornography lawyer as soon as possible. With eight different offices statewide, our firm can help you reclaim your rights. Contact us today to schedule a confidential and free consultation.About Child Pornography Charges in Florida
It is important for anyone charged with a crime in Florida to understand the burden is at all times on prosecutors to prove every element of the crime beyond a reasonable doubt. It is not enough for them to show that you probably or maybe committed the crime.
There are three elements to a child pornography crime that, if present, may lead the person accused to be convicted of a third-degree felony.
- Defendant knowingly possessed material featuring a compromised child/minor
- Media in the defendant’s possession illustrates the sexual conduct of a child/minor
- Defendant knew the media in possession contained sexual conduct of a child/minor
According to Florida law, a child or child is defined as anyone under the age of 18 years old.
The transmission or distribution of child pornography falls under Florida Statute 827.071, Sexual performance by a child. The elements to validate these cases are the following:
- The accused produced, directed, disbursed or advertised any visual representation of sexual conduct of a minor.
- The accused knew what the visual representation of the child was and still distributed
To prove these elements, expert testimony is often needed, which is one of the many parts of a sex crimes defense case that our team of Florida child pornography lawyers can and will do for you.Our Florida Child Pornography Lawyers Explain the Penalties You Face
In Florida, the possession, transmission and distribution of child pornography is a third-degree felony, punishable by up to five years in prison, five years of probation and a $5,000 fine. Sharing a child pornography image with someone else will most likely increase the severity of the charges against you. It could be defined as a second-degree felony, which is punishable by up to 15 years in prison.Possession of Four or More Images of Child Pornography
Under Florida’s Criminal Punishment Code, an individual charged with four or more counts of possessing child pornography would face a mandatory prison sentence of 12 months with an additional four months for every additional count.Aggravated Possession of Child Pornography
If a person possesses 10 or more image of child pornography, and at least one of the images is of a child younger than five years old, sadomasochistic abuse involving a child, sexual battery of a child, sexual bestiality involving a child, or a movie involving a child, the crime is considered aggravated possession of child pornography. This crime is a second-degree felony, punished by up to 15 years in prison, 15 years of probation and a $10,000 fine.Sex Offender Designation
An individual who is convicted of possessing child pornography would be placed on sex offender probation and would also be designated as a sexual offender. A designated sex offender must comply with sexual offender registration laws in Florida and throughout the U.S. for the rest of their lives.Promoting or Producing Child Pornography
Promoting or producing child pornography can be charged as a first-degree felony, punishable by up to 30 years in prison for each charge. Florida Child Pornography DefensesOur Florida Child Pornography Lawyers Protect Your Freedom & Defend Your Rights
There are a number of specific defenses that a skilled Florida child pornography lawyer can raise in child pornography and other sex crimes cases.An “Unintentional Possession” Defense
A person cannot be convicted of possessing child pornography unless prosecutors can show that he or she knowing possessed the illicit material. It is on prosecutors to prove the person depicted in the image was under the age of 18 at the time the image was captured. A Florida child pornography lawyer can build a defense that shows you – the defendant – unintentionally possessed the illicit material.Defend Against Hearsay
This is not a full defense to a criminal charge, but it can be helpful in keeping certain testimony out of court. The rule against hearsay generally bans one person from testifying in court about what another person, like a witness or victim, said outside of court, if it’s being used to prove a fact. Hearsay may include trying to prove a person charged with possessing child pornography actually knew that he or she had the illicit material.Entrapment is Illegal in Florida
This defense typically arises in cases when Florida law enforcement officers use confidential informants or undercover police officers to investigate possible criminal activity. Entrapment includes situations where informants or undercover officers look to trade pornographic material through internet chatrooms and other online venues.
Florida law bans entrapment, which generally occurs when an officer or informant tries to induce someone into committing a crime in situations where that person would not have otherwise engaged in the criminal offense.Double Jeopardy
In Florida, a person generally cannot be charged with the same crime twice. Typically, possession of child pornography has a maximum sentence of five years, but there are no minimum mandatory sentences. Every sex crimes case is unique and has facts and scanarios that may present different outcomes.Statute of Limitations
State law requires prosecutors to charge a person suspected of a child pornography offense within three years of the date of the offense. The date of the offense may continue, however, if the person continues to possess the pornographic material in question.When to Contact Florida Child Pornography Lawyers
If you are contacted by authorities, taken into custody, or if a warrant has been issued to search your premises, it is imperative that you do not speak to law enforcement without an attorney present. Most sex crimes cases start with a law enforcement officer contacting the accused and setting up a voluntary interview.
More often than not people speak to the agents or officers without a lawyer, which can be a huge mistake. Don’t let fear or ignorance bully you out of your rights. If you or a loved one has been accused of distributing or transmitting child pornography, contact our firm to speak with an experienced Florida child pornography lawyer right away for a complimentary and completely confidential consultation.
The child pornography law firm you choose affects how your proceedings go inside and outside the courtroom. You will need an attorney to provide investigators and experts to scrutinize any and all evidence to work in your favor. You need an experienced attorney to help you avoid maximum penalties and other life-shattering consequences. Our firm can provide you with these services, and confidentiality. We work with men and women accused of sex crimes, including child pornography, throughout Florida.Florida Child Pornography Lawyers Explain What to Expect
If you are accused or charged with possessing child pornography, a police investigation will typically take place. The police will most likely come to your door, but you should not speak to them without one of our Florida child pornography lawyers present, whether you are innocent or guilty. If they do obtain a search warrant, it will likely include searching for any computer equipment, electronic media, personal papers and documents. You should hire an attorney right when you find out about the accusations or charges, and they will help guide you on what steps to take.Main Takeaways if You’re Faced with Child Pornography Charges
- Don’t forget you have the right to defend yourself. Exercise your right to contact our Florida child pornography lawyers as soon as possible. You’ll need the help of an experienced criminal defense team to help you protect your legal rights during interviews and court appearances.
- Call a lawyer immediately. Whether you are innocent or guilty of the crime of viewing, possessing, distributing or producing child pornography, it is important you seek out the services of an experienced and skilled attorney who specializes in this area. Additionally, you must inform your attorney of any information related to your care so that he or she can fully defend you.
- Florida law defines child pornography as knowingly possessing, controlling or viewing child pornography. Child pornography may include pictures, videos, shows, data files, images, exhibitions, representations, computer depictions, etc.
Do not delay. Call a lawyer as soon as possible. If you or someone you know is facing possession of child pornography charges, call our firm at 866-608-5529 or contact us online to speak with a knowledgeable Florida child pornography lawyer and get your case underway immediately. We have handled these cases and similar serious charges throughout the state, including criminal court in Miami, Tampa, Orlando, Jacksonville, Ocala, Gainesville, West Palm Beach, Boca Raton and Ft Lauderdale.