Sexual Performance by Minor
The Florida statute sexual performance of a minor is more commonly known as child pornography. Any material featuring a minor participating in a sexual act is a serious crime that carries very harsh penalties.
The sexual performance of a minor has three elements that make it a crime:
- Defendant produced, directed , advertised, distributed or sold a play, motion picture, photograph or any other visual representation that can be viewed by an audience
- This play, motion picture, photograph or other visual featured sexual acts performed by a child under the age of 18 years old
- Defendant was clearly aware and knew what was in the play, motion picture, photograph or other visual representation
If you or someone you know has been accused of sexual performance by a minor you need to contact a sex crimes defense attorney immediately. Many people speak to law enforcement before contacting an attorney out of fear or because they think this will reflect them in a better light because it shows they have nothing to hide. This is a terrible mistake and you should never speak to anyone about your case without the presence of an attorney.
If you are charged with sexual performance by a minor you could face 15 years in prison and mandatory registration as a sexual offender, predator or both, assuming this is your first offense. If you have had prior convictions of the same type of offense or there was more than one victim featured in your possessed material, you could be facing a mandatory sentence of 25 years in prison with no chance of parole. According to Florida’s Unit of Prosecution Law, if you take several photos of the same visual representation then each photo counts as a separate offense.Sexual Performance by Minor is a Strict Liability Offense
Any person that uses or promotes a minor in a sexual performance of any kind is facing a strict liability offense, which means that they cannot use certain defense strategies, such as:
- Not knowing the victim was a minor
- Saying the minor lied about their age
- The minor or their parents/guardians consented to their involvement
- They truly believed the victim was over the age of 18
While a person facing these charges, or even a person that has been found with material depicting minors involved in a sexual performance in their possession, is undoubtedly facing a serious felony offense or offenses, there are still defenses that can be applied for every unique situation. Our Florida Sexual Performance by a Minor Defense Attorneys at Whittel & Melton may be able to argue that any evidence obtained was illegally searched or seized or that you did not in fact mean to download the material in question. In fact, if others had access to your computer, then we may be able to present compelling evidence that you were not the one that even downloaded the illegal material. Every case is different and has its own set of intricate details, so we cannot guarantee any final outcomes for the charges you are facing. We can promise to do everything we can to build you the strongest possible defense in order to achieve the best possible resolution.Our Offices Can Help
There are many factors that can affect how your sex crimes case can play out. Make the first step in defending your rights and protecting your future by contacting the Florida Sex Crimes Attorneys. We have former prosecutors and military personnel that have the aggressive nature combined with the years of experience needed to tackle your case.
Contact us today for a completely complimentary consultation. We can walk you through this life-changing event and procure you justice.