Doral Child Pornography Defense Attorney
Potent defense for tough state & federal sex crimes charges
Child pornography is not a crime that happens out in the open. People who are looking to buy, sell, trade, and view illegal sexual images of children typically do not conduct public, transparent transactions with materials that include a sexual portrayal of a minor. Because people who have an interest in child pornography most often operate on the dark web or move in extreme secrecy, law enforcement agencies have to take aggressive measures to investigate child pornography offenses. Sometimes, people who appear to be involved in a child pornography case may find themselves under intense scrutiny or even facing one or more criminal charges. Joffe Law is a Doral child pornography defense lawyer who specializes in representing people who are accused of sex crimes. Call David J. Joffe’s team of legal professionals at (786) 862-6553 if you are facing a child pornography charge in Doral, Florida.
State and federal child pornography offenses
There are state and federal laws that prohibit the possession, sale, purchase, distribution, promotion, and production of child pornography. An individual who is accused of a child pornography-related offense may be charged in state court, federal court, or both venues. A child pornography charge becomes a federal matter if any of the following factors are present in the case:
- activity that occurs within the stream of interstate or international commerce
- activity that occurs on federal government property
- activity that involves a federal government agency
- activity that occurs in a U.S. territory
Federal courts have a generous interpretation of what constitutes activity within the stream of interstate or international commerce. For example, someone who uses a camera that was manufactured in China to create sexual images of a minor may be charged in federal court for child pornography.
Possession of child pornography charges in Doral Florida
Florida’s legislature has enacted several laws that allow prosecutors to address child exploitation cases from several angles. One of the most basic child pornography charges under Florida law and federal law is possession.
FLORIDA CHILD PORNOGRAPHY POSESSION LAW
Possession is a standalone offense, and it is also a required element in most child pornography charges. Possession of child pornography is the act of having control of a visual depiction that includes a minor engaging in sexual activity. Visual depictions can be images, videos, and motion pictures, whether real or computer-generated. An individual may be charged convicted for possessing child pornography whether he or she actively or constructively possesses child pornography.
ACTIVE AND CONSTRUCTIVE POSESSION
When most people imagine crimes that involve possession, active possession is what immediately comes to mind. A defendant has active possession of an illegal item if:
- the item is located on the defendant’s body
- the items is inside of the defendant’s clothing pocket
- the item is inside of a wallet, purse, or other accessory that is on the defendant’s body
- the item is within the defendant’s reach
The line becomes more easily blurred in cases in which the defendant is accused of constructively possessing an illegal item. An individual may constructively possess an item if:
- the item is in the defendant’s personal storage unit
- the item is in the defendant’s desk at work
- the item is in the defendant’s assigned gym locker
- the item is in the defendant’s personal bedroom closet
Constructive possession is often subjective. Your Doral child pornography defense attorney may be able to successfully challenge the prosecutor’s claim that you were in possession of child pornography.
CHALLENGING A CHILD PORN POSSESSION CHARGE
Simple actions like opening an email or letting someone else use your device can result in the state or federal governments investigating you for possession of child pornography or a more severe charge. Some common ways people come into possession of an unsolicited sexual image of a minor include:
- malware or a computer virus
- letting someone else use their computer or device
- using someone else’s device
- receiving an unsolicited sexual depiction from someone else
A prosecutor must prove you knowingly and intentionally possessed a sexual depiction of a minor. Your Doral sex crime defense attorney may disprove the knowledge and intent elements by providing evidence that you were unaware of the presence of the illegal material or that you made a good faith effort to delete it once you became aware. In some cases, defense counsel can disprove an allegation of possession of child pornography if the person who appears in the image was really 18 years of age or older when the depiction was created.
Do not say anything that might incriminate you. Speak with an attorney first.
PROMOTION OF CHILD PORNOGRAPHY
Florida law refers to the manufacture, sale, or transfer of any image or video that depicts a minor engaging in sexual activity as the promotion of child pornography. State law also includes a provision that allows courts to presume the defendant had an intent to promote child pornography if he or she has three or more copies of a sexual depiction of a minor.
The state law against the promotion of child pornography was written so broadly that a defendant may be charged for promoting child pornography if it appears that he or she transmitted one image. Actions like sending an email that contains a sexual depiction of a minor, posting a link to a sexual depiction of a minor, or transmitting a sexual depiction of a minor via a file sharing platform may constitute promotion. Therefore, an individual who accidentally downloads a computer virus may be investigated for promoting child pornography if the virus sends the file to someone else’s computer when the individual exchanges email or transmits a file.
Use of a child in a sexual performance
An individual who supplies, induces, or authorizes a minor’s participation in a sexual performance may be charged with Use of a Child in a Sexual Performance. Parents, guardians, and custodians may be charged for using a child in a sexual performance if they give consent for a minor to be used in a sexual performance. Florida courts do not limit the terms “custodian” and “guardian” to people who are legally or officially responsible for a child. Therefore, someone who is temporarily watching a child may be convicted under the law.
How law enforcement agencies investigate child pornography in Doral
Federal and state law enforcement agencies often work together to investigate suspicions of child pornography. Joint investigations between law enforcement agencies often include a sting operation.
During the sting operation, one or more law enforcement agents will go undercover and pose in online spaces as people who have an interest in child pornography. The agents may pose as people who produce child pornography, sellers of child pornography, purchasers of child pornography, and minors. While working undercover, law enforcement officers communicate with people who are suspected of being involved with child pornography. The officers use the interactions to infiltrate child pornography rings and learn the different roles of the people with whom the undercover officers interact. After gathering enough evidence to support prosecutors in a criminal case against the perpetrators, the law enforcement agency will typically conduct a raid, gather more physical evidence, and make arrests.
ENTRAPMENT IN STING OPERATIONS
Law enforcement officers are required to follow certain rules while working undercover. For example, a law enforcement officer may not induce someone to engage in criminal activity in which the individual had no intent to participate. Sometimes an undercover agent may use deceit, force, or coercion to get someone to participate in criminal activity. The officer may lie and say the activity is not illegal or threaten the individual with false criminal charges. A defendant who was induced to engage in criminal activity may argue entrapment as a defense. If a court finds that the law enforcement officer entrapped the defendant, the defendant may be acquitted of the charge that corresponds to the illegal activity the undercover officer coerced the defendant into doing. Contact a Doral child pornography defense lawyer if you require legal representation for a Florida chat room charge.
Florida child pornography laws and sexting
No one imagines that sexting could result in criminal charges. Sexting is a term that refers to the act of exchanging sexual text messages. When sexting occurs between adults who overtly consent to the exchange of messages, sexting is generally not a crime. However, when at least one party is a minor, sexting is a serious crime. Florida law treats sexting between minors very differently than sexting between an adult and a minor.
SEXTING BETWEEN MINORS
Most sexting cases that occur between minors are handled by Florida’s juvenile court system. Minors who are first-time offenders of the state’s law against sexting with a minor may be required to pay a $60 fine, do eight hours of volunteer work, and complete a course on the dangers of sexting. The court allows the accused minor 60 days to challenge the charge. If the defendant does not challenge the charge or complete the requirements within 60 days, the state may suspend the minor’s driver’s license.
If a minor has one prior sexting conviction, the offense is a first-degree misdemeanor charge, which carries a maximum sentence of up to one year in jail and a fine of $1,000. Accused third-time offenders may be charged for a third-degree felony, which carries a maximum sentence of five years in state prison and a fine of up to $5,000. If a Florida court deems that a minor is a defendant in a sexting case that is very serious, the minor may be charged as an adult.
We always recommend for parents to communicate openly about the state’s sexting laws. As teens and even younger children have increasingly gained access to phones, computers, and tablets that have photo and video capabilities, Florida courts and state legislatures have been forced to expand the state’s child pornography laws to address cases that involve defendants who are under 18. A simple act that may seem like child mischief can lead to criminal charges and impact a minor’s life beyond his or her 18th birthday.
SEXTING BETWEEN AN ADULT AND A MINOR
Adults who exchange sexual text messages with minors may be convicted under Florida’s child pornography laws. Some examples of statutes a prosecutor may use to charge an adult who engages in sexting with a minor include:
- possession of child pornography
- promotion of child pornography
- use of a minor in a sexual performance
- traveling to meet a minor
Before exchanging sexual text messages with someone, it is important to verify the other party’s age. Individuals should also be cautious when receiving inappropriate photos from a friend or associate that depicts someone else in a sexual manner. If a friend sends a photo or video of a minor engaging in sexual activity, the friend and the recipient may be convicted under Florida’s child pornography laws.
Businesses that operate in the adult entertainment space should also exercise caution. Although adult venues require workers to be at least 18, people who apply to work at adult establishments may not have necessarily reached their 18th birthday when they express interest in working. Exotic dance club owners and managers should avoid taking or receiving photos of applicants before verifying the person’s age. Failure to do so may result in the club being shut down and the people who own or operate the club being convicted for one or more child pornography offenses if law enforcement officials discover the photos and confirm that the person who appears in the photo is underage.
Doral lawyer for child pornography offenses
Retaining capable legal counsel early in the investigative process is imperative if you have been accused of a child pornography offense. The earlier you have a lawyer acting on your behalf, the more opportunities your attorney will have to protect your reputation if the allegations are false. Contact the legal professionals at Joffe Law to learn more about our legal defense services for people who have been accused of a child pornography offense in Doral.