Florida Child Pornography Attorney

Fight Your Charges with 150+ Years Collective Experience

In Florida, sex crimes are aggressively prosecuted. This is especially true in cases involving child pornography and any type of sex crimes involving children. Possessing materials that may be considered harmful against children is often criminalized harshly. Individuals who are facing these charges need to understand the nature of the charges and how they are able to establish an adequate defense against them. 

Musca Law is backed by over 150 years of combined legal experience. Let us fight to clear your name and protect your rights. Call (888) 484-5057 for a free case evaluation.

Individuals who are convicted of a child pornography charge in Florida can face extensive prison time and thousands of dollars in fines. In many cases, offenders are required to register as a sex offender. Individuals who face child pornography charges not only face criminal penalties, but they often face extreme social bias as well.

Sadly, there are many cases where individuals are wrongfully accused of these heinous crimes. This is not a charge that should ever be taken lightly. If you face child pornography charges, it is imperative for you to contact a Florida criminal defense lawyer who is well-versed in laws surrounding this matter.

Those accused of child pornography in Florida have a right to remain silent if they are interviewed, and they have a legal right to refuse consent for voluntary searches or seizures against them. Working with a skilled and knowledgeable defense attorney in Florida will ensure you understand the laws surrounding child pornography, your legal rights in the matter, and what you can do to protect yourself.  

Child Pornography Related Charges In Florida

In Florida, a person can be charged with a variety of crimes related to child pornography. Depending on the type of crime a person is charged with, the consequences can vary extensively. It is important to understand the specific charges you are facing in order to see what is at risk and what litigation strategy would be most effective given your circumstances.

Distribution of Child Pornography: A person can be convicted of child pornography if they directed, produced, advertised, or disbursed any videos or imagery of children engaging in sexual acts. The crime can also include videos or images depicting sexual activity being performed by someone under the age of 18. In these cases, it has to be proven that the accused knew that the person in the images or videos was a child and they distributed it regardless of that known fact.  

Individuals who are convicted of distribution of child pornography in Florida can face up to 15-years in prison and will be required to register as a sex offender upon release.

Exposing a Minor to Pornography: In Florida, a person can be convicted under Florida State Statute 847.013 if they knowingly expose a minor to pornography. This crime can include any act of exposing a minor to a video, movie, presentation, exhibition, or image that a person knew to be pornographic in nature and therefore would be harmful to the child. This crime includes the selling or renting of videos, movies, or images.

A person convicted of exposing a minor to pornography can be charged with a misdemeanor in the first degree, spend up to 1-year in prison, and pay up to $1,000 in fines. Repeat offenders can expect more harsh sentences and steeper fines.

Manufacturing of Child Pornography: A person can be charged with manufacturing of child pornography if they direct, solicit, and produce child pornographic images, videos, or live acts. 

Anyone charged with manufacturing of child pornography faces a maximum sentence of up to 15-years in prison and will be required to register as a sex offender. Additionally, those who are convicted of this crime will have restrictions on where they can live, work, and if they are able to be around children.

Possession of Child Pornography: An individual can be charged with possession of child pornography if they download or possess any content that depicts a minor child under the age of 18-years-old engaging in any type of sexual conduct as defined under Florida Statute 847.001(16).

Individuals who are convicted of this crime can face up to five years in prison and could receive federal charges as well. Individuals who share the material with others could face up to 15-years in prison and face an array of other negative consequences.

Transmission of Child Pornography: A person can be convicted of transmission of child pornography if they send or cause to be delivered any information, images, or data from one person or place to another through the use of any internet, electronic equipment, or device. Every single image, document, or video constitutes one single charge. Those charged with transmission of child pornography can face felony charges of the third degree, up to five years in prison, up to $5,000 in fines, and they may be required to register as a sex offender. Juveniles are not exempt from these charges, and sexting or sending lewd pictures could bring forth child pornography charges. 

Charges For Child Pornography May Include Other Crimes

In some cases, individuals who receive charges related to child pornography may face other related charges as well. Additional charges are highly dependent upon the circumstances surrounding the initial charges against a defendant. Generally, individuals charged with child pornography often face additional charges related to:

  • Lewd behavior with a minor child
  • Rape or statutory rape of a minor
  • Sexual battery of a minor
  • Folding of a minor
  • Other sex acts with a minor

Any person who engages in a sexual act against or with a child under the age of 18 is considered to have committed a sex crime under Florida law. Legally, children are unable to give consent to sexual acts. Working with a reputable attorney will ensure you are able to launch an early defense against your charges in order to have the strongest case.

The Severe Penalties Those Convicted Of Child Pornography Face

Individuals who distribute child pornography over the internet, or through the mail, can face charges in the state of Florida as well as federal charges. Individuals convicted of child pornography on the state level can face:

  • Between 5 and 30 years in prison.
  • Life sentence of prison for repeat offenders.
  • Sex offender registration: Individuals convicted of child pornography could be forced to register on the National Sex Offender Registry as well as Florida’s own sex offender registry. In some cases, convicted individuals will have to register for life.
  • Difficulties finding employment: A lot of employers refrain from hiring individuals who have been convicted of child pornography.
  • Restrictions with children: Individuals convicted of child pornography may be restricted as to whether they are allowed around children, including their own.

The state of Florida, as well as federal agents, have a zero tolerance policy against those who commit sex crimes against children. Even one photograph or video can result in charges. Federal statutes allow sentencing enhancements if the prosecutor is able to prove that the child in the image is under the age of 12 years old or that they are either sadistic or masochistic in nature. These charges are extremely serious and failure to work with a reputable defense attorney in Florida can have grave consequences for those wrongfully accused.

Steeper Fines And Penalties

In some cases, individuals can face harsher sentences than the mandatory minimums allowed under state law. These instances often include cases where individuals possess more than 4 images or videos of a child. Additionally, individuals can face aggravated possession of child pornography if certain criteria is present. This includes cases where images involve:

  • A child who is under the age of 5-years;
  • Sadomasochistic abuse of involving a child;
  • Sexual battery involving a child;
  • Sexual bestiality involving a child; or
  • Any movie with a child.

Individuals who are convicted of aggravated possession of child pornography receive the Level 6 assignment, which means the judge can sentence them to sex offender probation.

Defenses Against Child Pornography

Individuals who are wrongfully accused of child pornography can employ an array of legal defenses to prove they have not engaged in such behaviors. Some of the most common defenses applied in cases involving possession of child pornography include:

Adult Depiction: A defense to child pornography is that the images in questions are of individuals who are, in fact, over the age of 18-years, even if they appear to be under age.

Child Erotica: When it comes to child pornography, there are some key ways to distinguish the content from child erotica. Child erotica is material that depicts young children as sexual objects or in sexually suggestive ways but is generally not sufficiently lascivious to meet the legal definition of sexually explicit conduct under Florida law. This defense is applicable when the material in question is that which depicts child erotica and not pornography.

Transitory Possession: In order for a person to be charged with possession of child pornography, the accused must either knowingly possess or intentionally view child pornography. In some cases, individuals are sent images of child pornography unwittingly. In these cases, individuals usually immediately delete the images once they realize what they are of. In these cases, individuals do not intentionally view the images and are unaware that the file left a thumbnail image or cache image on their computer or device. Transitory possession under these circumstances would be an adequate defense.

Illegal Search And Seizure: Individuals who have child pornography generally obtain it through the use of electronic devices. Law enforcement agencies often discover the possession of these files through the search and seizure of computers, mobile devices, or other property. Law enforcement agencies are generally required to have a warrant before they are able to search and seize the devices. If they did not obtain the warrant legally, or there was no warrant issued for law enforcement to take or search the property, a criminal defense attorney may be able to challenge the legality of the search and seizure in its entirety. 

Unknowing Possession: In some cases, individuals may have acquired child pornography without even knowing it. There are situations in which individuals have a computer virus or a hacker installed the files on the defendant’s computer or device. In some cases, it may be difficult to determine if a person actually knew about the files. 

Good Faith Destruction Or Reporting: There are some cases where the accused can fight federal charges. These cases generally require a person to make a good faith effort to delete the images or report them to law enforcement. In these cases, the person accused must have three images or less in their possession.

Substantial Assistance: Individuals can claim the defense of substantial assistance in cases where they provide substantial assistance to identify, arrest, or convict another person who is involved in a child pornography case. The prosecutor is authorized to suspend or reduce a person’s conviction of possession of child pornography in these cases. 

Anyone facing child pornography charges should contact a skilled and reputable child pornography defense attorney in Florida as soon as possible.

Florida Child Pornography Attorney

Being convicted of child pornography in Florida can result in extensive prison time for both state and federal violations. Individuals who are convicted of these crimes not only face legal repercussions but often face an array of negative social consequences as well. Those charged with these crimes can benefit greatly by contacting a reputable child pornography attorney in Florida to fight to protect their legal rights.

Unfortunately, there are many times when innocent individuals are wrongfully accused with possession of child pornography. For example, maybe you visited a website that had malware installed, or someone who accessed your computer to look at porn may have downloaded it onto your computer. In any case, it is imperative for you to contact a highly skilled and experienced Florida child pornography attorney to work on your case.

With over 150-year of combined legal experience, attorneys at Musca Law have helped countless individuals fight accusations against them. Our knowledgeable attorneys closely examine each case and build a strong defense to help their clients get their charges reduced or dismissed.

Working with our knowledgeable criminal defense attorneys will ensure you stand a chance at achieving a favorable outcome for your case. Contact our law firm today at (888) 484-5057 to schedule a free, no-obligation case evaluation to see how we can help you defend yourself and your rights.

 

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