In Florida, child pornography is outlawed by Florida Statute 847.0135, Florida Statute 847.0138, and Florida Statute 827.071. Under those statutes, possessing, producing, distributing, or transmitting child pornography is a felony offense and can result in lengthy prison sentences, even for individuals with no prior criminal record. A defendant convicted of child pornography charges may face a lengthy prison sentence, massive fines, registration as a sex offender, and other significant consequences.
Specifically, individuals can receive a separate felony conviction for each image or video they possess, and possession of few as one image or video can lead to a criminal conviction. If an individual possesses more than 10 videos or images containing child pornography, all counts can potentially be enhanced from a third-degree felony to a second-degree felony, and each can result in its own felony conviction.
Many times individuals are unaware they are under investigation for violating child pornography laws until a search warrant is executed at their home or workplace. If that happens, you should contact the team at DaytonaDefense.com immediately and secure the services of a child pornography defense attorney.
Additionally, if you are the subject of a search warrant, while the search is being conducted, police will try to ask you multiple questions. They will probably even emphasize that you are not under arrest and attempt to engage you in casual conversation. If faced with this situation, you should avoid making any comment other than telling the police you will not speak until and unless there is a lawyer present for any questioning or conversation. Do not make any other statement.
If you have been the subject of a search warrant, or if you have been arrested and charged with possessing, producing, distributing, or transmitting child pornography, retaining a highly skilled and aggressive Florida criminal defense attorney is crucial to help build your defense. At DaytonaDefense.com we have spent years handling multiple child pornography cases and are dedicated to offering experienced legal guidance and reliable representation to clients facing those same charges. As your criminal defense team, we will investigate every detail of your case and help you fully understand your rights and possible defenses. We will fight vigorously to defend your rights and refute the accusations against you with substantial evidence.
DaytonaDefense.com proudly represents clients across Daytona Beach, Florida, and the surrounding areas of DeLand, Ormond Beach, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County.
Child pornography can be described as any image that shows a minor engaged in sexual acts or conduct. In the state of Florida, it is illegal to possess, distribute, transmit, or manufacture any content related to child pornography. Below are the different types of child pornography offenses in Florida:
Under Florida Statute Section 827.071(2), "a person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance."
Penalties: The use of a child in a sexual performance is a second-degree felony punishable by up to fifteen years in prison and a maximum fine of $10,000.
According to Florida Statute Section 827.071(3), "a person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age."
Penalties: Promoting a sexual performance by a child is a second-degree felony punishable by up to fifteen years in prison and a maximum fine of $10,000.
Possessing with the intent to promote occurs when a person possesses three or more copies of child pornography content. Pursuant to Florida Statute Section 827.071(4), "it is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which includes any sexual conduct by a child."
Penalties: Possessing with the intent to promote is a second-degree felony punishable by up to fifteen years in prison and a maximum fine of $10,000.
According to Florida Statute Section 827.071(5)(a), "it is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which he or she knows to include any sexual conduct by a child."
Penalties: Possessing, controlling, or viewing child pornography is a third-degree felony punishable by up to five years in prison and a maximum fine of $5,000.
A skilled criminal defense attorney can help you understand the immediate and long-term ramifications of a child pornography conviction and enlighten you about the steps to take when you have been accused.
Knowing the right steps to take when facing child pornography allegations is as vital as preserving the evidence. If you have been accused of child pornography crimes, here are the steps to take:
Stay calm and never let your emotions overwhelm you.
Don't post on social media.
Don't talk to the police.
Gather required evidence and documentation.
Create a list of witnesses.
Don't contact any alleged victims.
Reach out to an attorney as soon as possible.
A skilled child pornography defense attorney can review the surrounding circumstances of your case and determine the best defenses to fight your charges.
When facing child pornography allegations, some of the defenses available to your child pornogrpahy defense attorney include:
The prohibited material does not belong to you.
The content in question isn't child pornography.
Unintended possession/Lack of knowledge.
Illegal search or seizure.
The legitimate use of the content for educational, religious, promotional, or scientific purposes.
Child pornography accusations are often devastating and could cause immediate and life-long ramifications to your liberty, reputation, quality of life, and professional opportunities. Moreover, defending yourself against such allegations could easily expose you to getting convicted and receiving the maximum punishment. Therefore, when facing child pornography charges, it is imperative that you hire a knowledgeable child pornography criminal defense attorney to craft your defense strategy.
At DaytonaDefense.com, we have the resources and experience to defend and represent individuals who have been accused of possessing, controlling, or viewing child pornography. Using our extensive experience, we will help you navigate the Florida criminal justice system and guide you through every phase of the legal proceedings. As your legal counsel, we will fight aggressively to defend your rights and work to help you secure a favorable outcome.
If you are facing child pornography charges, don't face it alone. Contact a child pornography defense attorney at DaytonaDefense.com today to schedule a simple case assessment. We can offer you the experienced legal counsel and reliable representation you need to fight your charges. We are proud to represent clients across Daytona Beach, DeLand, Ormond Beach, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County, Florida.