Transmission of child pornography defense lawyer in Orlando, Florida FL
According to Florida state statute 847.0137, "transmission of pornography by electronic device or equipment is prohibited; penalties."
At the Orlando criminal defense law firm Musca Law, our child pornography transmission defense attorneys rigorously defend our clients against criminal charges throughout the state of Florida, including transmitting child pornography. Our Orlando transmitting child pornography attorneys will fight And build the best possible defense that'll either help reduce criminal charges and penalties or when you or your loved one in acquittal. That is what our aggressive criminal defense law for him does, and our results and client reviews speak for themselves. In the state of Florida, criminal offenses that involve Illegal sexual activities with children are prosecuted and punished to the fullest. You could trust your case with the skilled and aggressive legal professionals at Musca Law located at 3708 S. John Young Pkwy, Suite D, Orlando, FL 32839. You can reach our firm 24/7 at 407–863-4834.
How are child pornography images or videos transmitted?
According to Florida's criminal statutes, transmitting child pornography occurs when an illegal photo or video is sent electronically from one electronic device to a separate electronic device. The methods of transmitting child pornography include email, peer to peer file sharing programs, text messages, direct messages, bulletin boards, Social media, chat rooms, File sharing applications, and any other Internet website or platform.
In most cases, the transmission of child pornography is accidental. For example, a defendant was engaged in downloading legal pornographic images or videos from a peer-to-peer file-sharing program. However, the user could have accidentally downloaded a batch that contained images of naked children or children engaged in sexual activities. If this user were to ever make their files publicly accessible online or if other people were able to download their files and these illegal images or videos others download us, the person unknowingly engaged in the transmitting of child pornography.
About Child Pornography Charges in Orlando, Florida
When charged with a crime is important to understand that you were always considered innocent until you were proven guilty in a court of law. The prosecution must prove 3 key elements in order to prove that the defendant was engaged in criminal transmitting of child pornography. Should the prosecuting attorney prove each of the three elements, the defendant will be likely be convicted of Of the felony "transmitting child pornography" in the third degree. The following are the three key elements that the prosecution must prove beyond a reasonable doubt:
The defendant willfully and purposefully possessed child pornographic images or videos.
- The images or video found in the defendant's possession depicts a child who is engaging in sexual behavior.
- The defendant knew the images or video found in their possession included children engaged in sexual conduct.
Under Florida criminal statutes, any person who is under the age of 18 years is considered a child.
The transmission or distribution of child pornographic images or videos as explained under Florida statute 827 Dash 071, "sexual performance by a child. "The elements necessary to prove the crime of sexual performance by a child include:
- The defendant produced, directed, advertise, or dispersed any form of visual depiction of a child engage in sexual behavior.
- The accused knew the video or visual representation included a child, and they still distributed the content.
In order for the prosecutor to prove all of the elements necessary to convict a defendant, the prosecuting attorney will typically introduce expert testimony. MuscaLaw, our child pornography attorneys in Orlando, work hard to provide our clients with a thorough and well-prepared defense. Our child pornography transmission attorneys in Orlando, Florida, fight hard to protect your freedom.
The Penalties for Transmitting Child Pornography in Orlando, Florida, FL
Under Florida statute 847.0137, "transmission of child pornography by electron it device or other electronica equipment; penalties, "it is unlawful for a person in the state of Florida to distribute, possess, and transmit child pornography. The criminal charge of "transmitting Child pornography" is a third-degree felony in the state of Florida, and it is a crime that is punished with up to five years in prison and a fine of up to $5,000.
WARNING: In the state of Florida, each digital file such as an image or video that is transmitted is counted as a separate criminal offense. In other words, The offender is found to have two illegal images on their computer, he or she is facing two separate child pornography criminal charges. Moreover, the prosecuting attorney may seek "enhanced criminal charges "against you. This means the legal fines in prison sentence for the same crime is increased due to the facts and circumstances of the case. For example, if the defendant is a person of authority, such as a police officer, the defendant will have also violated Florida criminal statute 847.0137. The criminal charge would then be enhanced to a second-degree felony which is punishable by up to 15 years in prison and up to a $10,000 fine.
Federal child pornography laws, charges, penalties, and defenses
Under Federal Statute 18 U.S.C. Section 2252, it is a criminal act to possess, sell, manufacture, transmit, and distribute any form of child pornography. Also, remember that you are innocent until found guilty in a court of law, even if the court does not appear to share that assumption of innocence.
Federal prosecutors and judges usually hold strong opinions concerning any crime involving children, and it's common to find yourself having to fight to protect your rights And receive fair treatment. The punishments for violating federal child pornography laws are severe and Typically follow the convicted offender throughout their natural-born lives. It is essential that anyone facing federal child pornography charges speak with a federal child pornography lawyer as quickly as possible to protect their legal rights and understand their options and ensure the court upholds their legal rights.
Understanding federal child pornography laws
Federal law prohibits all activities related to child pornography, including engaging in any of the following behaviors:
- Distribution of Child Pornography
- Selling Child Pornography
- Possession of Child Pornography
- Production of Child Pornography
- Receipt of Child Pornography
- Searching for Child Pornography
- Viewing Child Pornography
In fact, a person is committing a crime for merely searching or viewing Child pornography online, and a person could also violate the law should they delete those images.
Sentencing guidelines for federal child pornography crimes
If a person is found guilty of violating federal child pornography laws, here she will likely be sentenced to a lengthy prison term. Anyone convicted I possessing child pornography images or video will face up to 10 years in prison. The prison sentence is enhanced if the child depicted in the video or images is under the age of 12. A conviction of the said crime is punishable with up to 20 years in prison.
If an individual is convicted of possessing child pornography. In that case, he or she will also face hefty fines imposed by the federal justice court, and the offender may also be required to pay restitution should the victim or victims be identified.
Whether an individual is convicted for state or federal child pornography violations, that individual will be required to register as a sex offender. These sex offender registration websites are searchable and may cause additional complications for the rest of the offender's natural born life. If you were a loved one have been charged with a state or federal sex crime, it is important that you speak with one of our criminal defense attorneys in Orlando, Florida, today.
Related criminal offenses
A related criminal offense might include a criminal charge of "sexual exploitation of children." According to Federal Statute 18 U.S.C. Section 2251, any person under the age of 18 is considered a minor. In the statute, a person residing in the United States could face prosecution even if the exploitation occurred in a foreign country. For example, if the defendant produces child pornography outside of the United States borders, plant to transmit, or distribute, or sell the unlawful images within the United States.
The law also provides a punishment of a minimum mandatory prison sentence of 15 years for anyone convicted of sexual exploitation of a child. The maximum prison sentence is 30 years. There are many other factors that influence the length of a prison sentence, such as the age of the child, the number of images or videos, the type of images, and any previous criminal convictions on the defendant's record.
Defending Against Child Pornography Charges in Orlando, Florida
Create an effective defense strategy in child pornography cases is very challenging, which is why it is essential that those charged with these crimes contact one of the skilled defense attorneys at Musca Law.
One of the more common defenses to a child pornography criminal charge is to argue that the individual in the photo or video is not a minor. That is because if it can be shown that the person is 18 years or older, the image or video is no longer in violation of the law.
Another potential defense against child pornography charges is to argue and show that the images were not sexually explicit. Although it may be a challenge to differentiate between images depicting child pornography from those that qualify as legal images, there are occasions in which this defense is both possible and effective.
Another defense that might be used in possession of child pornography is to argue that the defendant did not knowingly download images depicting children unlawfully. Specifically, the defendant immediately destroyed or deleted the images once realizing what the images depicted. To make this argument, it might be required to retain a sophisticated computer forensics expert. Your criminal defense attorney should always be prepared to develop the proper defense and associate with the proper expert witnesses and experts to support the defense strategy.
In some cases, it can be argued that the government illegally searched the defendant's computer or home, and therefore any evidence that has been collected by law enforcement could not be used in a court of law. And other similar defenses, it could be argued that the police implemented techniques involving entrapment and that they will fully encourage that person to commit a crime that the defendant ordinarily would've never committed until prompted by a government or law-enforcement officer.
It is important not to take any criminal charge lightly. If you or a loved one is facing child pornography criminal charges in Orlando, you must speak to a Musca Law attorney today. Understand your legal rights and discuss your legal options with Musca Law located at 3708 S. John Young Pkwy, Suite D, Orlando, FL 32839. You can reach our firm 24/7 at 407–863-4834.