Transmission of Child Pornography Charges in Tallahassee, Florida, FL
Tallahassee Transmission of Child Pornography Defense Lawyers
Possessing Child pornography in the state of Florida is a very serious felony crime. Those who are convicted of criminal offenses associated with child pornography are severely punished when convicted. If an individual is found to be involved with a Transmission of Child Pornography over the Internet, he or she will be prosecuted to the fullest extent of the law in Florida. It's important to understand that if you or somebody care about is being questioned by law enforcement about anything dealing with child pornography or any other criminal defense, always exercise your right to remain silent. In most cases, people who are suspected of committing a crime unknowingly and unwittingly help build the prosecution's case against them by speaking with law enforcement without the presence of a criminal defense attorney. If you or someone you care about is being questioned or accused of Transmitting child pornography in Tallahassee, Florida, contact Musca Law at 850-900-2142 or visit us at our law office located at 114C Thomasville Rd., Tallahassee, FL 32303. Our phone lines are open 24 hours a day, 7 days a week.
Florida Statute Section 847.0137 "Transmission of Child Pornography by Electronic Device or Equipment Prohibited; Penalties."
According to Florida statute section 847.0137, child pornography is "transmitted "when a digital video file or digital image is delivered electronically from one device to another electronic device. The state statute covers all the different methods of transferring or transmitting pornographic videos or images. These transmission methods include email, social media, peer-to-peer file-sharing programs, direct messages, messaging applications, text messages, file sharing applications, chat rooms, and all others.
Surprisingly, a lot of transmitter child pornographic images and videos or accidentally transmitted by a defendant. For example, many people download legal pornography in large folders, and in some cases, those folders may include illegal images and/or videos. If the excuse has accidentally downloaded child pornographic images or videos, and this individual is using a file-sharing program that permits access to a folder accidentally containing chopper Naga fee, he or she could unknowingly commit the crime of transmitting child pornography in Florida.
Techniques law enforcement officers use to catch people engaging in the transmission of child pornography in Tallahassee
If law enforcement officers discover child pornography on a suspect's computer, he or she could be charged with transmission, possession, and distribution of child pornography in Florida.
Child pornography often 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 the law enforcement officers have obtained enough probable cause, the next step is to obtain a search warrant to search the suspect's home and vehicles for all of the suspect's electronic devices. Then the suspect's electric devices will be searched for illegal images and video.
The Three Elements Prosecutors Must Prove to Obtain a Conviction in a Transmission of Child Pornography Case
When an individual has been charged with a crime, it is important for the person to understand that they are innocent until proven guilty. In order for a prosecutor to win a Conviction and a Child pornography case, the prosecutor must prove three 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 Tallahassee, Florida
Under Florida statute section 847.0137, titled "transmission of child pornography by electronic device or equipment is prohibited, penalties," States that it is illegal in the state of Florida to distribute, possess, or transmit child pornography. Transmitting child pornography in the state of Florida is a third-degree felony that is penalized with a prison sentence of up to five years and a fine of up to $5000.
Important: in the state of Florida, each and every individual image or video that has been transmitted is charged as a single criminal account. If the defendant is convicted of transferring or transmitting illegal images, the defendant will be charged with two counts of child pornography transmission, and he or she would receive up to 10 years in prison and a fine of up to $10,000.
If the suspect is being charged with any other related child pornography offenses, their criminal charge could be enhanced Fro from a third-degree felony to a second-degree felony. For example, if the offender was caught possessing child pornography and also took the photographs, the defendant could be charged with possession and manufacturing child pornography.
Federal Child Pornography Charges, Laws, Penalties, and Potential Defenses
Under Florida Statute 18 U.S.C. Section 2252, The federal government strictly prohibits the possession, distribution, transmission, 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, chopper Naga fee is considered illegal contraband.
Federal jurisdiction over child pornography offenses occurs during foreign commerce, the crossing of state lines, or when an individual utilizes a government agency such as the Postal Service.
Any individual who has been found guilty of transporting child pornography in foreign commerce or interstate under 18 U.S.C. Statute 2252 will receive punishment from five years to 20 years in federal prison. The defendant could face life in prison meant if the images contain any aggravated situations where a minor child is sexually abused, or the offender has prior child sexual exploitation convictions on their criminal record, or if the images are very violent or sadistic nature.
18 U.S.C. Statute 2250 - Failure to Register as a Sex Offender
Under Section 2250 of Title 18, United States Code, it is a federal offense for a convicted sex offender or to willfully unknowingly failed to register or update there's sex offender registration as required by the Sex Offender Registration and Notification Act. Sex offenders living in Florida may also be charged and prosecuted for purposefully failing to update or register their sex offender registration as required.
Sex offenders found guilty of failing to register or update their registration could be sentenced up to 10 years in federal prison and steep fines. If a sex offender knowingly fails to register or update as required by law and then is found guilty of a violent federal crime can be sentenced to up to 30 years in federal prison.
Related Federal Sex Crimes Offenses
Sexual exploitation of a child is covered in 18 U.S.C section 2251. According to federal law, it is a crime to exploit a child within the United States borders or in any other foreign country. If found guilty, the defendant will face a mandatory minimum prison sentence of 15 years. The maximum prison sentence for sexual exploitation of a child is 30 years in prison. 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. § 2256- Definitions
- 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Certain extenuating circumstances may also influence the number of punishments and length of a prison sentence should the defendant be found guilty of sexual exploitation of a child. For example, if the child is under the age of 12, the defendant will receive a longer prison sentence.
How to Defend Yourself Against Transmitting Child Pornography Charges in Tallahassee, Florida
All criminal cases come with a unique set of facts and circumstances that will require an experienced defense attorney to review and analyze. The two most important actions a defendant can take to defend themselves against any criminal charge are to retain a private attorney as quickly as possible and to exercise your legal right to remain silent.
One strong defense against Transmission of Child pornography charges is to create a reasonable doubt that the individual depicted in the images or video or under the age of 18.
Another possible defense is to assert the defense that the defendant unknowingly possessed or transmitted the child pornographic images. For example, the defendant may have been on a file-sharing platform that automatically uploads and downloads images and videos. The defense would target the prosecution's case concerning proving the defendant willfully and knowingly transmitted child pornographic images on a file-sharing platform.
Developing the very best legal defense against criminal charges requires thorough investigation and analysis by an experienced criminal defense attorney. Every criminal case is unique and has a different set of circumstances to analyze. To discuss your criminal charges, simply call our local Tallahassee law office at 850-900-2142 or stop by our office located at 1114C Thomasville Rd., Tallahassee, FL 32303.
1114c Thomasville Rd
Tallahassee, FL 32303
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