Transmission of Child Pornography Charges in Orlando, Florida, FL
Orlando Transmission of Child Pornography Lawyers
In the state of Florida, having any type of child pornography in your possession is a very serious felonious crime. One of the most severely punished criminal activities dealing with child pornography is the transmission of child pornography over the Internet. If you or someone you love is being questioned by detectives about any type of child pornography or any other criminal offense, exercise your right to remain silent so that you do not unknowingly incriminate yourself. Then contact Musca Law for your free initial consultation to understand your legal rights and to help you protect those legal rights. Our offices are available 24/7 at 407-863-4834. You may also visit our law office located at 3808 S John Young Parkway, Suite D, Orlando, FL 32839.
MuscaLaw, our transmission of pornography defense attorneys in Fort Lauderdale, Florida, works hard on behalf of our clients to defend their freedom. That is what our firm does, and our results speak for themselves.
Florida Statute Section 847.0137 "Transmission of Child Pornography by Electronic Device or Equipment Prohibited; Penalties. "
According to Florida criminal code, Child pornography is "transmitted" when a digital file such as a video or photo is sent electronically from one device to another. There are several different methods of transferring or transmitting pornographic videos or images. These methods include social media, email, direct messages, peer-to-peer file-sharing programs, messaging applications, text messages, chat rooms, file sharing applications, and many more.
In a lot of criminal cases, the defendant accidentally transmitted child porn images or videos. Oftentimes people will download large folders of legal pornographic images and videos. In some cases, those large files may contain a few illegal images of children. If an individual accidentally downloads child pornographic videos or images and also maintains a folder for sharing online, he or she could unknowingly commit the crime of transmitting child pornography.
The Ways Law Enforcement Officers Catch Individuals Engaging in the Transmission of Child Pornography
If child pornography is discovered by law enforcement, it is likely that the owner of the computer, along with any other individual who uses the computer, could be charged with possession, transmission, and distribution of child pornography.
Child pornography typically gets the attention of law enforcement in numerous ways:
- The police are notified by a computer repair technician.
- Internet solicitation stings that are operated by undercover cops posing as children.
- Law enforcement's monitoring of file-sharing sites.
- Notification by Internet service providers.
- Former ex or spouse tips off law enforcement officers.
- Anyone who knows of the images or videos and has a grudge against the defendant.
- It was a setup.
If law enforcement has enough evidence that child pornography is present, the officers could obtain a search warrant for the individual and all of their electronic devices. Then these electron devices are searched for child pornography.
About Child Pornography Transmission Charges in Orlando, Florida
It is essential that you understand that you were innocent until proven guilty in a court of law. In order for the prosecutors to win a conviction in a child porn case, the prosecutors must prove three elements:
- The defendant intentionally and willfully possessed child pornographic images or videos.
- The digital media discovered in the defendant's possession shows a child engaging in sexual behavior.
- The defendant knew that the media found in his or her possession displayed children acting out sexually.
Penalties for Transmitting Child Porn to a Minor in Orlando, Florida
According to Florida statute section 847.0137, "transmission of pornography by electronic device or equipment is prohibited, penalties "it is illegal in the state of Florida to possess, distribute, and transmit Child Pornography. Transmitting child pornography in the state of Florida is a third-degree felony that is punished with a fine of up to $5000 and a prison sentence of up to five years.
Important: in the state of Florida, each illegal image or video that is transmitted is considered one criminal count. For example, if one image of child pornography is transmitted, that is a third-degree felony punishable with up to five years in prison and a $5000 fine. However, if two images are transferred, that becomes two counts of criminal child pornography transmission, and the defendant could face up to 10 years in prison and a fine of up to $10,000 total.
If other relevant criminal Offenses occurred, the defendant could face an enhanced criminal charge that would raise the third-degree felony to a second-degree felony with additional jail time and legal funds. For example, if the person caught transmitting child pornography also took the photos, here she could face and hands criminal charge of manufacturing child pornography. Oftentimes, people who are communicating with minors with the intention of meeting that minor to engage in sexual activity may transmit explicit photos to the child, and this would add another charge of exposing a child to pornography.
Federal Child Pornography Laws, Charges, Penalties, and Defenses in Orlando, Florida
The federal government also has federal laws that strictly prohibit the distribution, possession, selling, transmission, and production of child pornography. Federal Statute 18 U.S.C. Section 2252 Details the various federal crimes involved with child pornography. According to the federal government, images of child pornography are not protected under an individual's First Amendment rights. The federal government classifies child pornography as illegal contraband under Section 2256 of Title 18 of the United States Criminal Code. The federal government also defines a minor as any person under 18 years of age.
According to federal law, it is illegal to produce, distribute, receive, and possess an image of child pornography. One of the most common questions individuals have concerning federal child pornography laws is at what point does federal law affect my case? Federal jurisdiction picks up when the child pornography offense occurs in foreign commerce or occurs across state lines. In addition, when an individual uses the US Postal Service to transport child pornography across state or international borders, they've committed a federal crime which would be prosecuted by federal prosecutors. Another item to consider is that Child pornography does not have to be print out to be deemed illegal. For example, the images or videos might be contained in a storage device such as a thumb drive or cd R.O.M. or memory card. Additionally, federal jurisdiction typically applies when the Internet is used to transmit child pornography.
An individual who has been found guilty of transporting child pornography in interstate or foreign commerce under 18 U.S.C. Statute 2252 could receive anywhere from five years to 20 years in federal prison. If the child pornography contains any aggravated situations, violent or sadistic images, or a minor child is being sexually abused, or if the offender has prior child sexual exploitation convictions on their record, the offender could face up to life imprisonment.
It is essential to understand that an offender may be prosecuted under federal and state child pornography laws in many cases. In other words, the transmission of child pornography could bring both state and federal charges. This is why if you have been charged with a crime that you have attorneys who experience defending those charged with both federal and state crimes. The criminal defense attorneys at Musca law or admitted in both state and federal courts.
18 U.S.C. § 2250- Failure to register
According to Section 2250 of Title 18, United States Code, it is a federal offense for a convicted sex offender to knowingly fail to update or register pursuant to the Sex Offender Registration and Notification Act as required by law. Florida convicted sex offenders could also be charged and prosecuted under this statute should the sex offender purposefully fail to register or update their sex offender registration as required, and then "engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation."
Sex offenders who fail to register properly will face significant fines and up to (10) ten years in prison. Moreover, if a sex offender who willfully and knowingly fails to update or register as required and then commits a violent federal crime will face up to 30 years in prison under this federal statute.
Related Federal Criminal Offenses
Sexual Exploitation of a Child is a similar criminal charge that is defined under a different federal statute. Sexual Exploitation of a Child is detailed in 18 U.S.C. Section 2251. Under this section, it is a crime to exploit a child in the United States or in another country. Regardless of the crime was committed in a foreign country or within the borders of the United States, federal prosecutors simply need to demonstrate that the defendant plant to transmit or distribute the illicit images within the United States. Also, under the statute, the mandatory minimum prison sentence is 15 years. The maximum prison sentence for this crime is 30 years.
- 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. § 2256- Definitions
- 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Extenuating circumstances could influence the punishments that a defendant will receive if found guilty of this crime. For example, the prison sentence might be extended along with any fines if the child is under the age of 12, the number of images or videos transmitted, or if the defendant has any prior convictions of a sexual nature.
How to defend against child pornography transmitting charges in Orlando, Florida
Every case is unique and has special circumstances that will ultimately Provide a criminal defense attorney with an opportunity to successfully plea down criminal charges or obtain an acquittal on behalf of the client. The two most important things a defendant can do are to remain silent and to retain a private sex crimes attorney as soon as possible. In doing so, he or she will vastly improve their ability to defend themselves against the criminal charges lodged against get lodged against them.
One of the most common defenses is used in any kind of transmission of child pornography crime is creating A reasonable doubt that the person depicted in the video or images is under the age of 18. If the identity of the victim cannot be determined, a savvy criminal defense attorney might be able to poke holes in the prosecution's case by either creating a reasonable doubt that the person depicted in the photos is under the age of 18 or actually proving the individual he's over 18 years of age.
In some cases, it could be argued that the defendant unknowingly possessed or transmitted the images. For example, if a person is on a fall sharing platform. In some cases, when downloading and uploading large folders full of images and videos, there could be some illegal images within those folders unbeknownst to the defendant.
It's especially important to understand the process in which the government discovered and conducted a search of the defendant's property. If there were any procedural errors or omissions, there may be an opportunity in which all or part of evidence collected by law enforcement could be inadmissible.
In some transmission of child pornography cases in Orlando, Florida, the defendant was engaged in an online chat with a minor, and the defendant sent the child an image or video of another child engaging in sexual behavior. Oftentimes, it is not a child in which the defendant is speaking or communicating to but law enforcement officers. In these cases, if the defendant doesn't have any prior sex crimes convictions, There may be an opportunity to argue an illegal entrapment defense.
Developing the best defense for any criminal charge involves a thorough investigation by an experienced, private criminal defense attorney. In cases involving electronic devices, it's important to find an attorney that understands how to build a strong legal defense while using the latest in sophisticated technology. These technologies will often help to support the defense and reinforce the defensive side of the story. Every criminal case is unique and different due to the set of circumstances. To discuss your case, simply call our local Orlando law office at 407-863-4834 or visit us at our local office located at 3708 S John Young Pkwy, Suite D, Orlando, FL 32839.
Experience Orlando Transmission of Child Pornography Defense Attorneys
Do not allow your rights to be overlooked in the investigation process. Contact Musca Law and speak with one of our Orlando transmission of child pornography defense lawyers to make sure that your legal rights are not in French and that you have the best possible chance of preserving your freedom and liberties.
Get your case started by calling us at (407) 863-4834 today!
2480 33rd Street, Suite B,
Orlando, Florida 32839
Phone: (407) 863-4834
Hours: Open, Open 24/7