Aventura Child Pornography Defense Attorney
Expert sex crimes defense lawyer for tough criminal charges
Crimes that exploit children draw the most scrutiny and generally carry severe sentencing. Florida’s state and local law enforcement agencies work together to investigate child pornography-related offenses. Joffe Law, P.A. represents people who are under investigation for child pornography and those who have been formally charged. Contact our Aventura child pornography defense attorney to learn how we can protect your legal rights and defend your reputation.
Definition of child pornography in Florida
Florida law recognizes several child pornography-related offenses. State law defines child pornography as any visual depiction that involves a minor engaged in sexual conduct. A visual depiction may be:
- a photo
- a video
- a digital image
- shows
- exhibitions
- moving pictures
- computer depictions
- other forms of media
The state child pornography statute is broad enough to include a range of exploitative materials that directly and indirectly depict children in a sexual manner. An individual who engages in activity that involves child pornography may be charged with one or more of Florida’s several child pornography offenses.
Possession of child pornography
Possession is a base level child pornography offense. An individual possesses child pornography if he or she knowingly possessed or viewed sexual-themed material that depicts a minor. The state must prove the defendant knew that the image depicted a minor in a sexual manner.
Defendants who are convicted for possessing child pornography may be sentenced to a maximum of five years in prison and a $5,000 fine. Child pornography charges can be assessed for each image the court determines the defendant possessed.
Defenses against child pornography possession charge
In some instances, an individual may unknowingly appear to possess illegal images. A defense attorney will challenge one or more elements of a possession charge if:
- the illegal images were found on a shared computer or device
- the illegal images were found in a communal area
- someone else had possession of the defendant’s device when the image was accessed
- the defendant’s device was hacked or contained a virus file
In communal settings, it may be more difficult to prove who was using a shared computer at the time someone downloaded or accessed an illegal image. The same is true of shared storage units and other spaces to which two or more people have access.
Computer viruses install files on a person’s device often without detection. A sex crime lawyer in Aventura arguing a virus downloaded the illegal image may provide evidence that the individual never actually opened the file. A court may also be more likely to find that the defendant never possessed the image if the defendant deleted the file immediately upon discovering its presence.
Do not say anything that might incriminate you. Speak with an attorney first.
Distributing child pornography
Possession of child pornography is a base element in Florida’s law against transmitting and distributing child pornography. An individual may be charged with transmission or distribution of child pornography if he or she:
- shows an illegal image to someone else
- sends an illegal image through email or a text message
- ships illegal materials through the mail
- changes illegal materials with someone else
- sells pornographic images
If an individual appears to possess illegal images of children to represent or promote a sexual performance that involves a minor, the individual may be charged with the crime of possession with the intent to promote. Possession with the intent to promote is a second-degree felony with a maximum sentence of up to 15 years in prison and a $10,000 fine per count.
Use of a child in a sexual performance
Florida law prohibits the act of authorizing or inducing a minor to participate in child pornography or any other sexual performance. Parents or guardians who give consent for their child to participate in a sexual performance may be charged with a second-degree felony. “Sexual performance” refers to any type of sexual conduct, including stripping, erotic dance, a play, photography, or motion picture.
Child pornography as a federal crime
Not only can people who access, possess, produce, or distribute child pornography be charged under Florida law, but federal charges may also be filed. Federal law and Florida state law define child pornography similarly. Under federal law, it is illegal to willfully possess, create, distribute, or transport child pornography. The federal statute does not include drawings, paintings, sculptures, or computer-generated images. Federal child pornography offenses carry more severe sentencing, which includes longer prison sentences and larger fines. If you or someone you know has been charged under federal law for a child pornography-related offense, you need an Aventura federal crime lawyer who specializes in child pornography cases.
FEDERAL CHILD PORNOGRAPHY POSSESSION CHARGES
An individual may be charged under federal law for possessing child pornography if he or she knowingly has images or videos of a minor engaging in sexually explicit conduct. Federal law defines sexually explicit conduct as:
- kraphic sexual intercourse of lascivious simulated sexual intercourse in which there is any level of nudity on display;
- kraphic or lascivious simulated bestiality, masturbation, or sadistic or masochistic abuse; or
- kraphic or lascivious exhibition of the genitals or pubic area of any person
The penalties for federal possession of child pornography differ depending on the age of the minor. If the minor is 12 years of age or older, the maximum sentence for possession is 10 years in prison, lifetime supervised release, and a fine of $250,000. If the child depicted was under 12 years old, the maximum sentence increases to 20 years in prison, lifetime supervised release, and a fine of up to $250,000. Federal judges are also required to impose a minimum of five years of supervised release following any prison sentence for possession of child pornography.
PRODUCT OF CHILD PORNOGRAPHY
Federal law refers to the production of child pornography more generally as the “sexual exploitation of children.” It is against federal law to make or distribute child pornography by:
- using, employing, inducing, enticing, persuading, or coercing a minor to engage in sexually explicit conduct to produce child pornography
- employ or persuade a minor to assist in producing child pornography
- create an advertisement offering to buy or sell child pornography or recruit anyone to participate in it
Similar to Florida law, federal law prohibits parents and guardians from consenting to their children participating in the production of child pornography. Sentencing for production of child pornography and permitting a child to participate in child pornography is the same. In either case, if convicted, the defendant may be sentenced to 15 to 30 years in prison for the first offense. If the defendant has a prior conviction for the same offense, the sentence increases to 25 to 50 years in prison. Third time offenders and those who have two or more prior state or federal convictions for a similar offense may be sentenced to 35 years to life in prison.
FEDERAL DISTRIBUTION OF CHILD PORNOGRAPHY
Child pornography distribution charges often accompany possession. Illegal images of children are often circulated among groups of people who are interested in the illegal material. The federal law against distributing child pornography defines distribution as knowingly:
- shipping illegal depictions
- receiving illegal depictions
- distribute illegal depictions of minors
- sell illegal depictions of minors
- reproduce illegal depictions of minors
- possess illegal depictions of minors
Penalties for defendants who are convicted for distributing child pornography may be sentenced to 15 to 30 years in federal prison for the first offense. Second-time offenders and those who have a prior state conviction for distribution may be sentenced to 25 to 50 years in prison. Third-time federal offenders and defendants who have two prior federal or state convictions for a sex crime against a child face 35 years to life in federal prison.
Distribution of child pornography and peer-to-peer networks
Peer-to-peer (P2P) networks are one way through which pornography images of children are exchanged on the internet. People who use P2P networks are often unaware of the extent to which the computer storage is exposed to others while accessing the network. Using a P2P network can quickly upgrade a child pornography possession charge to distribution if someone else accesses an illegal image of a child from a network user’s computer. Therefore, if anyone logs onto a P2P network and a law enforcement officer or anyone else obtains an illegal image from the network user’s device, the individual may be charged for distributing child pornography.
Federal child pornography law against misleading domain names
Included in the federal child pornography law is a section that prohibits domain owners from luring internet users to view sexual material by disguising the domain name as something else. If a federal prosecutor can prove the domain name exposed children to sexual material, the domain owner may be charged and convicted for a child pornography-related offense.
To establish the case for conviction under the law against misleading domain names, the prosecution would first have to prove the defendant used a domain name that typically lures unsuspecting people to sex sites. The domain name must sound innocent in nature but actually lure viewers to sexual content. Next, the prosecutor would have to prove the defendant used the deceptive domain name knowingly. The section of the law that specifically refers to minors requires the prosecution to prove the material on the website was “harmful to minors.” The language in this section differs from the standard of obscenity specified for adult website visitors which states the material on the website must be “obscene.”
Much of the language in the law against misleading domains is subject to the court’s interpretation. Therefore, defendants who are accused of having misleading websites require the assistance of an experienced federal child pornography defense lawyer.
Aventura child pornography lawyer for minor defendants
The expansion of the use of smartphones has added a complex layer to Florida’s laws against child pornography. Parents have increasingly adopted smartphones as a means of communicating with their children for coordinating pickup and drop-off and in emergency situations. As more minors gained access to smartphones, Florida courts began to see an increase in cases that involve minors producing and exchanging sexual images of minors. In response, Florida’s legislature enacted legislation to specifically address cases in which minors possess, transmit, and produce pornographic images.
Aventura minors charged under Florida’s sexting law
The act of sending sexual material through a text message is legal if it occurs between two explicitly consenting adults. However, sexting is a serious crime if it involves someone who is under the age of 18. Florida law prohibits the exchange of sexual material via text message between two minors who are under the age of 18 and between an adult and a minor. Sexual material may take the form of a photo, video, voice note, or sexual text message. Although the name of the law refers to sexting, the statute covers sexual material that is sent from:
- a cell phone
- a computer
- a tablet
- any electronic device
SEXTING BETWEEN TWO MINORS
The penalty for sexting is less severe if the act occurs between two minors. However, the crime is still a serious offense. An important distinction between Florida’s sexting law as it applies to minors is if a minor is caught with multiple sexual images he or she distributed within a 24-hour period, the multiple images will be charged as one count of possession. Images distributed outside of the 24-hour window will be charged as a separate count.
Minors who are charged with sexting typically go through the juvenile court process. First-time minor offenders who are convicted for sexting with another minor may be ordered to serve eight hours of community service, pay a $60 fine, and/or attend a class on the dangers of sexting. The penalty increases for repeat offenses. Third-time offenders may be charged with a third-degree felony and sentenced to five years in prison, five years on probation, and a fine of up to $5,000.
Contact an Aventura child pornography defense lawyer
Whether charged with a state or federal child pornography offense, the case may do substantial damage to the defendant’s reputation and result in a lengthy stint in prison. If you or someone you know may be facing a child pornography charge in Aventura, contact a criminal defense lawyer immediately. David Joffe and his team will evaluate your case and help you understand the accusations against you and identify potential legal solutions. Contact a child pornography attorney today to receive a confidential case evaluation.