Child Pornography
Not everything is black and white. As criminal defense attorneys, we understand that better than anyone. The viewing, possession, and transmission of child pornography are serious felonies under Florida law. But even those activities can be done unintentionally or accidentally, especially online.
Even so, being in the wrong place at the wrong time or getting caught in the middle of a terrible misunderstanding can alter the course of your life. Before you know it, you’re being labeled a “sexual predator” and doing everything you can to avoid spending the next several years in prison.
If you or your loved one is being investigated for or facing child pornography charges, you need a child pornography attorney to help you present a strong defense. An experienced attorney knows how to listen to your side of the story without judgment and help protect your freedom and livelihood.
Overview
- What is Child Pornography?
- Florida Child Pornography Charges
- Penalties in Child Pornography Cases
- Sex Offender Registration Following a Child Porn Conviction
- Additional Resources
- Child Pornography Lawyer in South Florida
What is Child Pornography?
Florida Statute 827.071(1)(b) defines child pornography as an image that depicts a minor who is engaged in sexual conduct or “has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.”
According to Florida Statute 827.071(1)(a), a child or minor is a person who is under the age of 18.
A person may also face child pornography charges under federal law. Federal courts get involved when the material becomes a part of interstate or foreign commerce.
Florida Child Pornography Charges
Florida statutes include strict prohibitions against child pornography laws. Florida Statute 827.071(5)(a) makes it unlawful to “knowingly possess, control, or intentionally view” a presentation that includes child pornography. Presentations that may feature child pornography include:
- Photographs.
- Motion pictures,
- Exhibitions,
- Shows,
- Representations,
- Images,
- Data, and
- Any computer depiction.
Under this Florida statute, each time a person knowingly possesses, controls, or intentionally views a presentation that includes sexual conduct involving a minor, they commit a separate child pornography offense. If the presentation includes more than one minor, a separate child pornography offense is attached to each child.
Both digital and physical presentations count as child pornography because they involve the sexual exploitation of minors and often depict minors being sexually abused. And speaking of digital child pornography, Florida Statute 847.0137(2) and (3) specifically prohibits the transmission of child pornography by an electronic device.
If you are found viewing child pornography, possessing child pornography, distributing child pornography, or committing any other child pornography-related offenses, you could face state as well as federal child pornography charges.
Penalties in Child Pornography Cases
Because they’re characterized as sex crimes, child pornography convictions carry harsher penalties than most people realize, even if you’re a first-time offender convicted of a more minor offense. Florida Statute Chapter 827 outlines the charges a convicted offender may face under state law as follows.
Third-Degree Felony
Possession of child pornography is a felony in the third degree, and you can face one criminal count for each piece of child pornography you view or store. A felony in the third degree, including a child pornography conviction, can lead to up to five years in prison and up to $5,000 in fines. Federal law carries its own maximum penalties as well.
Second-Degree Felony
Using a child in a sexual performance, promoting a child’s sexual performance, and possession of child pornography with the intent to promote or distribute it are second-degree felonies. A person only needs to possess three or more copies of an unlawful presentation to be found guilty of intent to distribute child pornography.
The maximum penalty for a felony in the second degree, including these charges, is 15 years in prison and up to $10,000 in fines. As with possession, there are separate federal laws that carry their own maximum penalties for these additional types of child pornography offenses.
Prior Convictions and Subsequent Offenses
Florida law imposes even more severe punishments on “habitual felony offenders,” meaning offenders who commit certain categories of subsequent offenses. A habitual felony offender can face a maximum sentence of up to 10 years in prison for a third-degree felony or up to 30 years in prison for a second-degree felony.
Illegal Sexual Conduct
Illegal sexual acts, such as sexual abuse and sexual battery, that a person performs in connection with child pornography can lead to even more severe criminal charges. These charges can range from a second-degree felony to a capital offense depending on the circumstances.
Sex Offender Registration Following a Child Porn Conviction
All crimes involving child pornography are considered sex offenses. This means that even a first-time offender convicted of a child pornography charge is required to register as a sex offender.
Having a felony on your criminal record and being a registered sex offender makes life twice as difficult. It can make it harder to land a job (because employers will be aware of your status) and obtain housing (because it must comply with stringent legal requirements).
Plus, sex offenders must tell their local sheriff’s office each time their address or personal information changes, and law enforcement officers can scrutinize almost everything they do and own to make sure they haven’t reoffended.
How to Present a Strong Child Pornography Defense
Remember how we said not everything is black and white? Even child porn cases where authorities find child pornography in people’s homes and on their computers can be resolved in their favor. Here are some examples of legal defenses to child pornography charges.
- Innocense: You can argue that you possessed child pornography without intentionally or knowingly possessing it. For example, if you purchased a car or computer that had someone else’s child pornography on it, you may have possessed it without even being aware of it. Or you may have viewed or possessed pornographic material without realizing that one of the people shown engaging in sexual conduct was a minor.
- No Sexual Conduct: If you’re a medical professional or a child’s parent or legal guardian, you may have images or other materials involving a minor that are not sexual in nature but have been perceived as such. A lawyer can call an expert witness to discuss the legitimate purposes a doctor or legal guardian may have for possessing such material and help you demonstrate your innocence.
- Mistake of Age: In some cases, a lawyer can help you prove that you didn’t possess child pornography by showing that the alleged minor depicted in the material was, in fact, 18 or older at the time they engaged in the sexually explicit conduct shown.
- Mistaken Identity: Sometimes the prosecution’s entire case relies on their argument that investigators traced an IP address or online account back to you. A legal team can help you investigate such claims and argue that the state has identified and charged the wrong person.
- Illegal Search and Seizure: The Fourth Amendment to the U.S. Constitution prohibits government officials from performing unreasonable searches and seizures. A defense lawyer can help get the evidence against you thrown out by arguing that it was obtained during an illegal search that violated your constitutional rights.
- Entrapment: If an undercover police officer or other law enforcement official has convinced you to view, purchase, download, transmit, or otherwise engage with child pornography, you may be able to present an entrapment defense. A lawyer can help you establish all of the elements of an entrapment offense, namely that you would have been unlikely or unwilling to commit the crime had law enforcement not pushed you into doing so.
The exact defense strategy that you should adopt depends on the facts of your case. An experienced criminal defense attorney who has tried child pornography cases can evaluate your case, help you gather all the relevant evidence, and develop a strategic plan.
Additional Resources
For more information about child pornography investigations and the sex offender registry, check out the resources below.
How the FBI Tracks Down Child Pornography Predators | PBS – This Frontline story explores the world of child pornography and the federal law enforcement agency that investigates it—the Federal Bureau of Investigation (FBI). It also discusses the methods that FBI agents and other government officials use to trace online child pornography activities back to specific individuals.
Sex Offenders | NIC – The National Institute of Corrections (NIC) provides more information about the sex offender registry and how it works through this list of resources, which includes articles that explain where sex offenders can live and how the public learns of a sex offender’s status.
Child Pornography Lawyer in South Florida
If you’re facing a criminal charge related to the possession of child pornography or another similar offense, you deserve to tell your side of the story and present a solid child pornography defense.
The legal team at Meltzer & Bell has years of proven experience handling cases involving all kinds of sexual offenses. Our law firm represents clients across the West Palm Beach and Treasure Coast areas, including Martin and St. Lucie County. We’ve gotten great results for clients in Fort Pierce, Port St. Lucie, Palm City, and beyond.
We help our clients craft a great defense no matter what kind of criminal offense they’ve been accused of. We take a look at all the evidence and, when appropriate, negotiate with prosecutors to get a client’s charges reduced or their case dismissed so they don’t have to go to trial.
When we do go to trial, we raise reasonable doubt and paint our clients in the best possible light. We also continue the fight beyond trial if necessary, refusing to stop advocating for our clients until we’ve done everything we can to get them a reduced sentence.
If you or someone you know is facing charges related to child pornography, call Meltzer & Bell today at (772) 291-2534 or use our online form to schedule a free consultation. If you’re worried about the facts surrounding your case, don’t be—your first chat with one of our lawyers will be an entirely confidential consultation. The sooner you contact us, the more time we’ll have to review your case, match you with the best attorney for you, and map out a strong defense.