Daytona Beach Child Pornography Defense Lawyer

Under Investigation? Start With These Steps

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Many of these cases are shaped in the first hours of an investigation. Before trying to resolve the situation yourself:

• Do not answer questions. Agents executing a search warrant often ask questions at the scene. You can decline to answer and ask to speak with an attorney.
• Do not delete files or reset devices. Deleting or altering data after you know of an investigation can lead to separate charges and harm your defense.
• Keep the paperwork. Save the search warrant, the inventory of seized items, and any contact information left by agents.
• Do not discuss the case. Avoid talking about the investigation with others or online.
• Call a lawyer before any follow-up interview. Investigators may ask you to come in and explain. That conversation should happen, if at all, only after you have legal advice.

Why Choose Daytona Defense?

Personal Attention When You Need Clear Answers

People facing these charges are often afraid to tell anyone what is happening. We listen without judgment, explain what the prosecution alleges, and help you understand what each decision means for you and your family.

Experienced Florida Criminal Defense

Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Internet and child pornography cases are a core part of our practice, and they require a lawyer who understands digital forensics, search warrant law, and registration consequences. Meet our founder to learn more about the experience behind our approach.

Clear Fees and Payment Options

Daytona Defense offers flat-fee representation, payment plans, and no separate trial fee. Your fee does not change based on how long the case takes, so the decision to go to trial can be made on the merits rather than on cost. Ask about the fee for your case during your free consultation.

What Does Florida Law Prohibit?

Florida Statutes § 827.071 makes it a crime to knowingly possess, control, or intentionally view images, videos, or other presentations that the person knows include child pornography. The statute also covers possession with intent to promote, promotion, and producing or directing a sexual performance by a child. Computer-generated material is addressed separately under § 827.072.

Each image or video can be charged as a separate count. If an image involves more than one child, each child can also be charged as a separate count. That is why a single device can lead to dozens or hundreds of charges.

Possession of three or more copies of the same material is treated as evidence of intent to promote, which carries a higher penalty.

What Does “Knowingly” Mean in These Cases?

The State must prove you knew the material was on the device and knew its nature. Files downloaded automatically, stored in a browser cache, recovered from deleted space, or placed on a shared device by someone else can raise serious questions about knowledge. Digital forensics often decides these issues.

What Happens After a Child Pornography Investigation Begins?

Many cases begin with a report from an online service provider to the National Center for Missing and Exploited Children, which is then routed to law enforcement. Others come from peer-to-peer file-sharing investigations or undercover operations.

Search Warrants and Device Seizure

Investigators typically obtain a search warrant for the home and seize phones, computers, and storage devices. The scope of the warrant and the information used to obtain it can be challenged.

Forensic Examination

Investigators create copies of seized devices and search them for files and activity. The defense can retain its own forensic examiner. Because of the nature of the material, access to the evidence is usually handled under strict court-ordered conditions.

The Decision to File Charges

State cases in Volusia and Flagler counties are prosecuted by the State Attorney’s Office for Florida’s Seventh Judicial Circuit. The same conduct can also be prosecuted in federal court. A dismissal, reduced charge, or negotiated resolution may be possible in some cases, but none can be promised.

What Are the Penalties for Child Pornography in Florida?

The possible sentence depends on the offense charged, the number of counts, the content alleged, and your criminal history. The following examples explain why the exact charge on your paperwork matters.

Possession

Possession, control, or intentional viewing is a third-degree felony for each count, carrying up to five years in prison and a $5,000 fine per count. Because counts can be stacked, the total exposure in a case with many images can be substantial.

Promotion and Aggravated Possession

Possession with intent to promote and promotion are second-degree felonies, carrying up to 15 years in prison and a $10,000 fine per count. Under Florida Statutes § 775.0847, possession of 10 or more images can be reclassified to a higher degree when at least one involves certain aggravating content.

Federal Charges

Under federal law, receiving or distributing child pornography under 18 U.S.C. § 2252 or § 2252A carries a five-year mandatory minimum prison sentence. Federal possession charges carry up to 10 years, or up to 20 years in certain cases.

A conviction under § 827.071 also requires sex offender registration under § 943.0435 and can lead to sex offender probation and other lasting restrictions. These consequences are a reason to review the full impact of a proposed plea before accepting it.

How a Child Pornography Defense Is Built

A forensic report is a starting point for investigation. It is not the entire case. Our defense review looks at the search, the device data, and the legal requirements for each count charged.

Test the Digital Evidence

Depending on the case, relevant evidence may include device user accounts and passwords, file paths and timestamps, whether files were ever opened, file-sharing software settings, internet provider records, and who had access to the device and network. An independent forensic review can reveal what the State’s report leaves out.

Evaluate the Defense That Fits the Facts

• Lack of knowledge: The State must prove you knew the files existed and knew their nature.
• Shared or unsecured devices and networks: Other users, remote access, and open Wi-Fi can raise doubt about who downloaded or viewed the material.
• Unlawful search: The defense can assess whether the warrant was supported by probable cause, whether the information was stale, and whether the search stayed within its scope.
• Count and charging issues: Duplicate files and unsupported counts can be challenged.
• Statements: Statements made during a search or interview may be challenged if they were not lawfully obtained.

No single strategy fits every case. We explain the strengths, weaknesses, and practical options so you can participate in decisions about your defense.

State and Federal Prosecution Are Different Matters

The same conduct can violate both Florida and federal law. Cases involving internet activity are sometimes prosecuted in federal court, where sentences are calculated under federal law and some charges carry mandatory minimum prison terms. Federal cases arising in Volusia County are heard in the U.S. District Court for the Middle District of Florida.

If federal agents executed the search warrant or contacted you, tell your lawyer right away. Early representation can affect interviews, charging decisions, and the options available later.

Child Pornography Defense FAQs

Office visits by appointment. Call (386) 230-3347