Transmission of Child Pornography Charges in Key West, Florida, FL

Key West Transmission of Child Pornography Defense Lawyers

If a person has been accused of Transmission of Child Pornography over the Internet, they will be prosecuted to the fullest extent of the law. If you, a friend, or a loved one are being questioned or investigated by law enforcement concerning child pornography matters, it is important to exercise your legal right to remain silent. In many cases, people accused of committing a crime unwittingly help law enforcement and prosecutor build a case against them by speaking with law enforcement officers without the presence of an experienced child pornography defense lawyer. If you or someone you care about is being questioned, investigated, accused or charged with Transmitting Child Pornography in Key West, Florida, contact Musca Law at (305) 395-2077 or visit us at our law office located at 2011 Flagler Ave, Key West, FL 33040.  Our phone lines are open 24 hours a day, 7 days a week.

Florida Statute 847.0137 "Transmission of Child Pornography by Electronic Device or Equipment Prohibited; Penalties."

Florida statute section 847.0137 states that child pornography has been "transmitted" when a digital image or video is delivered electronically from one electronic device to another electronic device. Florida statute 847.0137 covers all of the different methods of transmitting or transferring pornographic images or photos.  These transmission methods include social media, email, direct messages, peer-to-peer file-sharing programs, messaging applications, file sharing applications, text messages, chat rooms, and others.

It is common to find that the accused has accidental transmitted child pornographic images and videos.  For example, if the accused was downloading legal pornographic videos or images using a file sharing website, the fold he or she is downloading could contain illegal images without the accused knowledge. If the accused accidentally downloaded child pornographic videos or images and the individual is using a file-sharing program that permits other people to access the accused file-sharing folder that contains child pornography, they could commit the crime of transmitting child pornography unknowingly.

The techniques law enforcement officers use to catch individuals engaging in the transmission of child pornography in Key West

If police officers find child pornography on a suspect's electrical devices, he or she will could be charged with possession, transmission, and distribution of child pornography in Florida.

Child pornography attracts the attention of law enforcement in one of several ways:

  • Through Internet solicitation stings
  • Notification by computer repair technicians
  • People with a grudge against the defendant
  • Notification by Internet service providers
  • A former spouse or ex

When police officers have obtained adequate probable cause, the next step is to petition the court to grant a search warrant to search the suspect's home and vehicles for all of the suspect's electronic devices. The suspect's electric devices will then be searched for illegal videos and images.

The Three Elements Prosecutors Must Prove to Obtain a Conviction in a Transmission of Child Pornography Case

When someone is charged with a crime, it is essential to understand that all people charged with a crime are innocent until proven guilty in a court of law.  In order for a prosecutor to win a conviction in a child pornography case, the prosecutor is required to prove the three following elements beyond a reasonable doubt:

  • The defendant willfully and Intentionally possessed child pornographic videos or images.
  • The images or videos recovered from the defendant shows a child or children engaging in sexual behavior.
  • The defendant was aware that the video or images five in their possession displayed children acting out in a sexual nature.

Penalties for Transmitting Child Pornography to a Minor in Key West, Florida

Florida statute section 847.0137 titled "transmission of child pornography by electronic device or equipment is prohibited, penalties," states that it is against the law in Florida to possess, distribute, or transmit child pornography. Transmitting child pornography in Florida is a third-degree felony penalized with a prison sentence of up to five years and a fine of up to $5000.

Important: in the state of Florida, every image or video file that has been transmitted is charged as a single criminal offense. If the accused is convicted of transferring or transmitting child pornographic images or videos, the defendant would be charged with two counts of child pornography transmission, and they would receive up to 10 years in prison and a fine of up to $10,000.

If the person being accused with additional child pornography offenses, their criminal charges could be raised from a third-degree felony to a second-degree felony. For example, if an adult was caught possessing child pornography and that personl also took the photographs, the defendant could be charged with possession and manufacturing child pornography.

Federal Child Pornography Charges, Laws, Penalties, and Potential Defenses

According to Florida Statute 18 U.S.C. Section 2252, the federal government also strictly prohibits the distribution, transmission, possession, production, and selling of child pornography. The federal government does not consider child pornography to be protected under an individual's First Amendment rights. According to federal section 2256 of title 18 of the United States Criminal Code, child pornography is considered illegal contraband.

Federal jurisdiction over child pornography crimes occur during foreign commerce, when the committing of the act crosses state lines, or when the accused uses a government agency such as the U.S. Postal Service.

Those who have been found guilty of transporting child pornography in foreign commerce or interstate under 18 U.S.C. Statute 2252 will face a prison sentence of between 5 and 20 years in federal prison. A defendant could face life in prison if the images contained any aggravated situations such as a minor child being sexually abused, or the defendant has any prior child sexual exploitation convictions on their criminal record, or if the videos or images are sadistic nature or violent.

18 U.S.C. Statute 2250 - Failure to Register as a Sex Offender

According to Section 2250 of Title 18, United States Code, it is a federal crime for a convicted sex offender to willfully and knowingly fail to register or update their sex offender registration as required by the Sex Offender Registration and Notification Act. Sex offenders may also be charged and prosecuted for intentionally failing to update or register as a sex offender as required by Florida and Federal law.

Sex offenders who are convicted of failing to register as a sex offender or failing to update their registration face a prison sentence of up to 10 years in federal prison and significant fines. If a sex offender knowingly fails to register or update their sex offender registration and is found guilty of a violent crime, he or she could be sentenced to 30 years in federal prison.

Related Federal Sex Crimes Offenses

Sexual exploitation of a child is defined in 18 U.S.C section 2251. According to 18 U.S.C section 2251, it is a crime to exploit a child in the United States or in any foreign country.  If convicted, the defendant will face a mandatory minimum prison sentence of 15 years. The maximum prison sentence for the criminal charge of sexual exploitation of a child is 30 years. The following are related federal sex crimes.

  • 18 U.S.C. § 2251- Sexual Exploitation of Children (Production of child pornography)
  • 18 U.S.C. § 2251A- Selling and Buying of Children
  • 18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution, and receipt of child pornography)
  • 18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography
  • 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

Certain circumstances may influence the length of the prison sentence or the number of punishments imposed on the defendant.  For example, if the victim is under the age of 12.  In that case, the defendant will receive a longer prison sentence.

How to Defend Yourself Against Transmitting Child Pornography Charges in Key West, Florida

All criminal cases involve different facts and circumstances. The two most important actions a defendant can take to defend against a criminal charge are to retain a private attorney and exercise their legal right to remain silent.

One particularly strong defense against charges of Transmission of Child pornography is to create a reasonable doubt that the person depicted in the "illicit" images or video is over the age of 18.

Another defense is to assert the defendant unknowingly possessed or transmitted the child pornographic images. For example, the defendant was on a file-sharing platform and unknowingly uploaded and downloaded illegal images and videos. The defense attorney would then target the prosecution's assertion that the defendant willfully and knowingly transmitted child pornographic images.

Developing the best legal defense against child pornography criminal charges requires an indpeth investigation and analysis by our experienced criminal defense attorneys in Key West, Florida. Every criminal case is different and has a unique set of circumstances to analyze. To discuss your criminal charges, simply call our local Key West office at 305-395-2077 or stop by our office located at 2011 Flagler Ave, Key West, FL 33040.

Musca Law

2011 Flagler Ave
Key West, FL 33040

Phone: (305) 395-2077

Hours: Open now:  Open 24 hours

H64C+CF Key West, Florida