Child Pornography Under Florida Law
What Can Come From Being Charged With Possession or Distribution of Child Pornography?
Child pornography laws protect children from exploitation in visual materials depicting sexual conduct. Florida criminalizes the production or promotion of child pornography when an individual makes prohibited materials such as pornographic photos or films involving minors under the age of eighteen. In addition, Florida state laws prosecute individuals who possess, control, or view child pornography, even if they do those activities within the privacy of their own homes.
Possessing, distributing, transmitting and manufacturing child pornography is a sex crime in the State of Florida and are felonies covered under Florida Statutes 847.0135, 847.0138 and 827.071.
Child pornography means any image depicting a minor engaged in sexual conduct. Minor is defined as any person under the age of 18 years. Transmit means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.
Defenses to Child Pornography Charges in Florida
- Lack of knowledge or bona fide mistake regarding the participation of a child is not a defense to the promotion of child pornography.
- Entrapment by law enforcement officials might be a defense if the defendant can show that there was no predisposition to engage in the crime otherwise.
Child Pornography - Possible Penalties
For each offense based on the viewing, control, or possession of child pornography, Florida state laws allow the prosecutor to pursue a separate felony charge. A conviction for each charge may result in a separate sentence of imprisonment for a term up to five years, a fine, or both.
Florida state laws also permit increased sentencing for defendants who have prior felony convictions. The state can consider whether to pursue sentencing meant for career criminals and habitual felony offenders.
In addition, convictions for some of the offenses related to child pornography require registration as sex offenders in the Florida Sex Offender Database.
Contact our Orlando Child Pornography Defense Lawyer
If you have been charged with viewing, control, or possession of child pornography in Orlando or anywhere in Central Florida, it is critical that you contact us immediately. You may call us at (866) 422-7934 or (407) 831-7800 or send us an email at firstname.lastname@example.org. Our law firm is committed to protecting your rights. We are conveniently located just off Interstate 4, in Longwood, minutes away from downtown Orlando, and easily accessible from every direction. We value your privacy and will keep all information confidential.