Transmission of Child Pornography
Since children are among the most vulnerable population in the United States the state of Florida has established harsh penalties for child pornography crimes. If the offender transmitted child pornography to others or on other sites, then they could face even more enhanced penalties. Not to mention each transmission of child pornography can be considered a separate charge. So that means you could be facing multiple accounts for transmission of child pornography.
If you or someone you know has been arrested for transmission of child pornography, it’s crucial you seek experienced legal representation. Even simple allegations of possessing, selling, transmitting child pornography is enough to destroy someone’s reputation. It could cost you your career, personal relationships and standing in the community. Having trusted legal representation isn’t just important, but necessary.
Port St. Lucie Attorney for Transmission of Child Pornography in FL
Are you currently under suspicion for transmitting child pornography? You have no time to waste then securing legal counsel. Our suggestion is you contact the attorneys at Meltzer & Bell who have over 20 years of collective experience defending sex crimes. No case is too big for us and you can rest assured our sex crimes lawyers will work tirelessly to reduce or dismiss your charges.
You can reach us at (772) 291-2534 or fill out our online contact form to schedule your first consultation. Let us guide you through this judiciary process. Meltzer & Bell accepts clients throughout the greater St. Lucie County and Martin County area including Fort Pierce, Port St. Lucie, Saint Lucie and Stuart.
Overview of Transmission of Child Pornography in FL
- What Constitutes as Child Pornography in FL?
- Does Florida Consider Sexting to be Child Pornography?
- What Are the Penalties for Transmission of Child Pornography?
- Additional Resources
What Constitutes as Child Pornography Under Florida Law?
Florida law has a specific definition for child pornography media. The Florida Statutes Section 847.001(3) states that child pornography is any image, video or media of a minor engaged in sexual conduct. The term “sexual conduct” is defined under Florida law as any of the following sexual actions between two or more people:
- Actual lewd exhibition of the genitals;
- Sadomasochistic abuse;
- Sexual bestiality;
- Deviate sexual intercourse;
- Masturbation;
- Any act or conduct which constitutes or simulates that sexual battery is being or is about to be committed;
- Actual or simulated sexual intercourse; and
- Actual physical contact with a person’s unclothed or clothed genitals, buttocks, pubic area, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party
You can be arrested for possessing, distributing, selling or producing child pornography of any kind. What many don’t know is that you can also be charged for simply sending child pornography to another person on an electronic device, which is known as the transmission of child pornography. Since transmission of child pornography can sometimes cross state lines it can in some cases be tried in federal court.
The Florida Statutes Section 847.0137 establishes it’s unlawful for any person to intentionally or knowingly transmit child pornography to another person or post it on an indexed or unindexed website. “Transmit” refers to the act of sending and causing to be delivered any image, information or data from one or more people or places to one or more people or places over or through any medium, which does include the internet, by use of an electronic device.
Does Florida Consider Sexting to be Child Pornography?
You may have heard of the trend “sexting,” which is where two people send sexually charged photography’s of themselves to each other. Usually this action is taken place between two or more consenting adults and there is nothing illegal about it. When this exchange involves a minor under the age of 18 and an adult, then it becomes a crime.
If two people are “sexting” and one of them is a minor, then it could be grounds for charges of transmission of child pornography. Knowingly possessing a “sext” from someone under the age of 17 or younger could even be considered a sexual performance by a minor. Stating the offender didn’t initiate the “sexting” conversation isn’t an admissible defense in court.
What Are Florida’s Penalties for Transmission of Child Pornography?
Any child pornography charge in Florida is a felony-level offense. A conviction for transmission of child pornography could devastate everything you have worked for. A felony sex crime conviction involving child pornography would be glaring on your record. Employers, educational institutions, and your personal peers could easily look up your conviction. It could cost you job, loans, or housing opportunities.
That doesn’t even include the statutory penalties of the crime itself. Transmission of child pornography is a third-degree felony, which is punishable by:
- Up to 5 years in prison; and
- A possible fine of up to $5,000
It’s important to understand that you could be charged with multiple counts of child pornography if you sent child pornography more than once. Each transmit of child pornography is considered a separate charge. So you could face multiple counts of transmission of child pornography simply because you sent one image to different people.
Additional Resources
Florida Department of Law Enforcement (FDLE) | Child Pornography — Learn more about the definition child pornography and what to do if you receive child pornography online or encounter it. You can also find links to organizations dedicated to fighting against sexual predators who prey on children.
Citizen’s Guide to United States Federal Child Pornography and Exploitation Laws — View information about federal child pornography laws on this section of the United States Department of Justice (DOJ) website. Read more about the history of child pornography and sex trafficking in the United States, victim’s stories, and how the DOJ’s Child Exploitation and Obscenity Section (CEOS) works to terminate the distribution, production, and possession of child pornography. The website also includes answers to frequently asked questions and ways to report violations.
Defense Lawyer for Transmission of Child Pornography in Martin County, FL
If you or someone you know has been arrested for a child pornography related crime, it’s imperative you have criminal defense representation that’s ready to fight for you. Your charges are serious and the penalties could disrupt your daily life forever. Do what’s best for your and contact an experienced attorney from Meltzer & Bell.
Meltzer & Bell is a group of reputable attorneys with over 20 years of experience defending clients of severe sex crimes. Call us now at (772) 291-2534 to schedule your first consultation free. Meltzer & Bell accepts clients throughout the greater St. Lucie County and Martin County area including Fort Pierce, Stuart, Port St. Lucie and Palm City.