Southwest Ranches Child Porn Attorney
Powerful defense for Florida sex crimes charges
Child pornography is heavily investigated by federal government agencies, often in cooperation with state and local law enforcement. The majority of child pornography is consumed through digital means. The internet offers a layer of perceived anonymity that allows people who buy, sell, exchange, and view child pornography to do so, to some extent, in secrecy. However, what is done in the dark is eventually exposed by the light. Law enforcement agencies have increasingly adopted creative strategies to expose and prosecute child pornography offenders. Because child pornography investigations are often sweeping and intensive, people who are not involved in activities that exploit children are sometimes targeted. If you or someone you know has been wrongfully accused of a child pornography offense in Southwest Ranches FL, working with a Florida defense lawyer is a necessity. David Joffe is South Florida’s trusted child pornography defense lawyer. Call Joffe Law if you need a strong advocate on your side.
Protecting the constitutional rights of the accused
Whether or not someone is eventually found guilty of a crime, the Constitution specifies certain rights that are available to everyone who has been accused of a criminal offense. Unfortunately, sometimes law enforcement officers, judges, and prosecutors sometimes infringe on those rights. Taking on a criminal charge without the help of a dedicated criminal defense lawyer means foregoing a critical layer of protection against your rights being violated. When you have qualified legal counsel on your case, you are less likely to be wrongfully convicted or subjected to excessive sentencing. Our team is dedicated to protecting the constitutional rights of people who have been accused of a crime.
How the federal government gets involved in child pornography cases
Compared to many other offenses, child pornography can lead to federal charges very quickly. Most child pornography is exchanged in digital file formats that often circulate among people who are located in different states and, in some cases, internationally. Factors that can automatically implicate federal jurisdiction in any case include:
- an element in the case that occurs within interstate or international commerce
- activity that occurs on federal government property
- the involvement of a federal government agency or a federal employee
- activity that occurs in a U.S. territory
Federal courts sometimes apply generous standards when asserting jurisdiction in child pornography cases. For example, a case that may appear to take place completely inside of Florida may still be a federal case if the defendant accessed the illegal images from a laptop that was manufactured outside of Florida.
Possession of child pornography
Possession of child pornography can be a state offense or a federal offense. In addition to being charged as a standalone offense, possession is also a fundamental element in more severe child pornography charges. Florida law defines child pornography as an illegal depiction that includes a minor engaging in sexual activity. An individual has child pornography in his or her possession if the illegal depiction is located in an area that is within the defendant’s control. Both federal and state law recognize actual possession and constructive possession.
An individual has actual possession of an illegal item if the item is located on the defendant’s physical person or within the individual’s physical reach. Examples of actual possession include:
- the defendant storing illegal images on a flash drive that is stashed on the defendant’s body
- the defendant having a text message that includes a sexual image of someone who is under 21 on a cell phone that is in the defendant’s pocket
- the defendant storing a flash drive that contains illegal images in a briefcase the defendant is holding
- the defendant is storing illegal images on a storage device that is under the driver’s seat within his or her car while inside of the vehicle
Constructive possession is often more difficult to prove. An individual has constructive possession of an illegal item if the item is not on the defendant’s person or within reach but is in an area over which the defendant exercises control. Examples of constructive possession include:
- the defendant storing illegal images on an external storage drive that is in the trunk of the defendant’s car
- the defendant keeping illegal depictions on a storage device in his or her locked desk drawer at work
- the defendant storing illegal images on a laptop that is stored in a lockbox in the defendant’s name
- the defendant storing illegal images on an extra smartphone that is kept in the defendant’s locker at work
Cases that involve construction possession of items that are stored in communal spaces or on shared devices are often more difficult for prosecutors to prove. For example, if the defendant left his laptop unattended at a library and child pornography was found on the device later, the defendant’s attorney may challenge the charge by proving the illegal images were downloaded while the laptop was unattended.
Prosecutors charge one count of child pornography for each image a defendant is accused of possessing. If the defendant is convicted on all counts, the court may sentence the defendant up to the maximum sentence for each count. Possession of child pornography is a third-degree felony under state law. If convicted, the defendant may be sentenced to up to five years in prison and a fine of up to $5,000 per count. A defendant who is convicted on 100 counts of possession of child pornography may be sentenced up to a maximum of 500 years in prison and a fine of up to $500,000 for all counts.
Do not say anything that might incriminate you. Speak with an attorney first.
Transmission of materials harmful to minors
Florida law prohibits the transmission of materials that are harmful to minors. Although state law against the transmission of materials that are harmful to minors does not specify specific types of materials that are inherently harmful to minors, the statute is used to prosecute cases in which the defendant transmits sexual materials to a minor by using electronic means. According to the statute, materials that are harmful to minors:
- primarily appeal to the prurient, shameful, or morbid interest
- are patently offensive
- are without literary, political, scientific, or artistic value
Transmission of materials harmful to minors is a third-degree felony offense. If convicted, the defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.
Promotion of child pornography
Florida’s law against promoting child pornography does not specify how much child pornography a defendant must transmit to meet the definition of promotion of child pornography. State law defines promotion of child pornography as procuring, manufacturing, selling, giving, issuing, providing, lending, mailing, delivering, transferring, transmitting, transmuting, publishing, distributing, circulating, presenting, exhibiting, sending, posting, sharing, advertising, or offering or agreeing to do the same. An individual may be convicted whether he or she transmits one sexual image of a minor, posts a link to a website that displays child pornography, or uploads 1,000 sexual depictions of minors to a peer-to-peer file sharing network.
If a defendant possesses three or more copies of a sexual depiction of a minor, Florida courts may presume the intent to promote child pornography. Therefore, a basic possession charge can quickly become a more serious offense. Promotion of child pornography is a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000.
Use of a minor in a sexual performance
Anyone who authorizes, entices, or employs a minor to participate in a sexual performance may be charged with a felony offense. Parents, guardians, and custodians may also be charged with use of a minor in a sexual performance if they give consent for a child who is under their supervision to participate in a sexual performance. Guardians and custodians do not have to be an adult who is officially or legally responsible for supervising the minor. Therefore, an adult may be charged even if he or she has no familial relation to the child and the child was temporarily under the person’s supervision. Florida law defines a performance as any play, production, movie, dance, or other depiction that is displayed in front of an audience.
Use of a minor in a sexual performance is a second-degree felony. If convicted, the defendant may be sentenced to a maximum of 15 years in prison and fined a maximum of $10,000.
Florida’s sexting laws and child pornography
As more parents have given their minor children access to smartphones, tablets, and other devices that have digital cameras, Florida courts and legislators have had to adapt to an increase in minor defendants in child pornography cases. Florida’s sexting laws address cases in which sexting occurs between minors and cases in which one party is an adult and the other is a minor. Adult and minor defendants are treated very differently in Florida sexting cases.
SEXTING BETWEEN MINORS
Most Florida sexting cases in which both parties are minors are handled by the state’s juvenile court system. First-time minor offenders of the state’s sexting law are generally ordered to do eight hours of community service, complete a course on the dangers of sexting, and pay a fine of up to $60. The minor must either complete the requirements or file a petition within 60 days of the court order. Failure to do either may result in the minor’s driver’s license being suspended.
Second-time minor offenders may be charged with a first-degree misdemeanor sexting charge. If convicted, the minor defendant may be sentenced to a maximum of one year in prison and ordered to pay a fine of up to $1,000. Third-time offenders may be convicted on a third-degree felony charge. If convicted, the defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000. In very serious sexting cases in which the defendant is a minor, the defendant may be charged as an adult.
SEXTING BETWEEN AN ADULT AND A MINOR
When sexting cases involve an adult and a minor, the adult may be charged under a variety of child pornography statutes. Some examples of the statutes Florida prosecutors use to charge adults who exchange sexual text messages with minors are:
- possession of child pornography
- use of a minor in a sexual performance
- promotion of a sexual performance by a minor
- possession of child pornography with the intent to promote
- traveling to meet a minor
When two consenting adults decide to exchange sexual text messages, they are generally not breaking any laws. However, adults should always thoroughly verify the age of anyone with whom they may be thinking of exchanging sexual text messages. Parents should thoroughly discuss with their children the social, legal, and personal consequences of sending and receiving sexual text messages to anyone.
Mandatory minimum sentencing
Some federal and state child pornography offenses have mandatory minimum sentences. Mandatory minimum sentencing guidelines require judges to impose a minimum prison sentence in certain child pornography cases. Under Florida law, the offenses of promoting and producing child pornography carry a mandatory minimum sentence that may range from 5 to 13 years in prison, depending on the facts of the case and the specific offense. Similar federal child pornography offenses have mandatory minimum sentences that range from 5 to 15 years in federal prison.
Southwest Ranches child pornography defense lawyer
A child pornography accusation should never be taken lightly. People who are convicted on a child pornography offense in Florida are generally required to register with the sex offender registry. If you have been accused of possessing child pornography or an offense that carries a more severe sentence, contact a Florida child pornography defense lawyer. Joffe Law is a leading child pornography defense law firm in Florida. We represent minor and adult defendants in Southwest Ranches child pornography cases. Contact our talented team to learn more about how we can potentially help with your case.