Homestead Child Pornography Lawyer
Expert federal & state sex crimes defense attorney
Child pornography offenses are aggressively prosecuted by the state and federal government. The Uniform Code of Military Justice also prohibits the possession, production, distribution, receipt, or viewing of child pornography. Therefore, people who are in the military who are accused of a child pornography-related offense may be charged in the military court system in addition to the federal and state civilian court system. Joffe Law, P.A. represents individuals who have been accused of a child pornography offense in Homestead and surrounding areas. We represent both civilians and the military servicemen and women who are stationed at Homestead Air Reserve Base in criminal cases that involve child pornography.
Accused of child pornography in Homestead?
Child pornography is a very real crime that exploits children. Most child pornography in the U.S. is currently produced and exchanged by using digital technology. There is even computer-generated child pornography that is created by producing and modifying digital images. People who buy, sell, and exchange child pornography use the digital format to access and distribute illegal materials across state lines and internationally. Because child pornography is often produced, accessed, and transmitted in ways that involve interstate and international commerce, child pornography offenses are very often federal offenses. Other factors that can make a child pornography offense a federal crime are:
- the involvement of a federal government employee
- the involvement of a federal agency
- an element in the case that involves a U.S. territory
- an element in the case that involves federal government property
Federal courts tend to apply a very broad interpretation of activity that occurs within the stream of interstate or international commerce. In a child pornography case, a federal court is likely to determine that someone who uses a laptop that was designed in South Korea and manufactured in California to download child pornography in Florida engaged in activity that occurred within the streams of interstate and international commerce. Your Homestead FL child pornography defense lawyer can help you understand the jurisdictions within which you may be facing criminal charges.
Lawyer for wrongful child pornography accusation
Because child pornography crimes tend to be cloaked in darkness and secrecy, law enforcement agencies monitor spaces in which child pornography is likely to be advertised or exchanged. They investigate certain behaviors that may indicate criminal activity that sexually exploits children. In some cases, people may be suspected of a child pornography offense even though they had no intentional involvement in criminal activity. Some examples of situations that may result in a false accusation of a child pornography offense include:
- allowing someone else to use your computer or other digital device
- accidentally downloading malware that contains illegal materials
- accidentally clicking on a link that directs the user to illegal materials
- using a public computer or shared digital device that someone else has used to access child pornography
- receiving a text message that contains a sexual image of someone who is younger than 18 years of age
If you have been falsely accused of a child pornography offense, your first reaction may be to feel embarrassed or confused if you are unaware of the origins of the accusation. You don’t have to figure out how to fight a child pornography charge on your own. Contact a Homestead child pornography defense lawyer to learn how a defense attorney can help you. We may be able to take proactive steps to preserve your reputation while clearing your name from criminal liability.
Do not say anything that might incriminate you. Speak with an attorney first.
Possession of child pornography in Florida
The federal law and Florida state law definitions of possession of child pornography are similar. An individual possesses child pornography if he or she has in an area that is within his or her control a visual depiction that includes a minor engaging in sexual activity. Under federal and state law, a minor is anyone who is younger than 18 years of age. A defendant in federal or state court may be convicted for possession of child pornography if he or she has actual or constructive possession of a sexual depiction of a minor.
Actual possession occurs when an individual has an item within his or her physical reach or if the item is located on the individual’s physical person. Examples of actual possession include:
- an individual having illegal materials on a flash drive that is concealed on his or her body
- an individual having illegal materials on a smartphone that is in his or her back pocket
- an individual having illegal materials on a laptop that is stored in a backpack the individual is carrying
- an individual having illegal materials in a storage drive that is under the driver seat of the individual’s vehicle while he or she is sitting in the vehicle
Constructive possession occurs when illegal materials are stored in an area that is not necessarily close enough to be within the person’s reach, but the individual still exercises control over the area. Examples of constructive possession include:
- storing child pornography on a storage drive that is kept in the individual’s bedroom closet at home
- having child pornography on a laptop that is locked in the drawer of an assigned desk at work
- having child pornography on a flash drive the individual keeps in the trunk of his or her vehicle
- having child pornography in a private storage unit
A constructive possession charge can be more difficult to prove if the illegal materials were found in a shared, unattended, or communal space. For example, a prosecutor may have more difficulty proving a defendant accessed child pornography that was found on a public computer at a library or a shared device at work if the computer or device was left unattended when the illegal materials were accessed.
Under Florida law, possession of child pornography is a third-degree felony. If convicted, a defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.
Prosecutors charge one count of possession of child pornography for each sexual image a defendant is accused of possessing. Therefore, someone who is accused of possessing 100 sexual depictions of a minor may face up to 500 years in prison and a maximum fine of $500,000 if the state charges the individual with 100 counts.
Promotion of child pornography
Florida’s law against promoting child pornography was written generally to include a variety of activities that may meet the definition of promoting child pornography. State law defines promoting child pornography as the manufacture, sale, or transfer of any video or image that depicts a minor engaging in sexual activity or was created or modified to portray an identifiable minor engaging in sexual conduct. A defendant may be convicted for promotion of child pornography whether he or she posts a link on social media that directs people to child pornography, sends a text message that includes a sexual depiction of a minor to one person, or transmits a child pornography video to hundreds of people on a peer-to-peer file sharing platform.
Child pornography defendants are often surprised to learn that Florida’s child pornography possession law includes a provision that allows courts to infer an intent to promote child pornography if the defendant possessed more than three copies of a sexual depiction of a minor. Computers often make copies of files without the user’s knowledge. For example, if someone receives a spam email that contains a link to child pornography, the recipient may unknowingly download three copies of an image, including archived and thumbnail copies, onto the person’s device.
Promotion of child pornography is a second-degree felony offense. A defendant may be sentenced to a maximum of 15 years in prison and ordered to pay a fine of up to $10,000 if convicted. For defendants who are accused of possessing child pornography, having three or more copies of a sexual depiction of a minor may quickly escalate a third-degree felony offense to a second-degree felony charge.
Transmission of materials harmful to minors
Florida law prohibits the act of sending sexual materials to minors. Although state law does not specifically name types of materials that are harmful to minors, the law is used to prosecute cases in which the defendant transmits images or videos that contain nudity, sexually explicit content, or sexual excitement to recipients who are younger than 18 years of age. Additionally, Florida courts determine that material is harmful to minors if the following standards are met:
- the content appeals to the prurient, shameful, or morbid interest
- the content is patently offensive
- the content is without literary, scientific, political, or artistic value
Conduct meets the definition of transmitting materials harmful to minors if the sender specifically sent the material to someone he or she knew to be a minor. Generally posting sexual material in an area that is accessible by, but not specifically directed to, a minor does not meet the definition under the statute.
Unlike other child pornography offenses, transmission of materials harmful to minors does not require convicted defendants to register as a sex offender. In some cases, prosecutors will offer a deal in which the defendant pleads guilty of transmission of materials harmful to minors instead of going to trial for offenses that require sex offender registration and may have more severe penalties. Transmission of materials harmful to minors is a third-degree felony. If convicted on one count, a defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.
Sexting cases and Florida’s child pornography laws
Most people don’t imagine themselves being convicted of a felony and required to register as a sex offender for sending and receiving sexual text messages. In Florida, sexting is not a crime if both parties are overtly consenting adults. However, if at least one party is a minor, the law calls for serious consequences. The consequences vary substantially depending on whether the defendant in a sexing case is an adult or a minor.
MINOR DEFENDANTS IN HOMESTEAD FL SEXTING CASES
Most Florida sexting cases in which the defendant is a minor are handled by the juvenile court system. First-time juvenile offenders who are charged with sexting are ordered to complete a course on the dangers of sexting, pay a fine of up to $60, and do eight hours of community service. The minor defendant must either challenge the charge with the court or complete the requirements within 60 days. Failure to do either within a 60-day period may result in the state suspending the defendant’s driving privileges.
Minor defendants who have one prior criminal case for sexting may be charged with a first-degree misdemeanor offense. If convicted, the minor defendant may be sentenced to up to one year in jail and ordered to pay a fine of up to $1,000. Minor defendants who have two or more prior charges for sexting may be charged with a third-degree felony. If convicted, the minor defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.
ADULT DEFENDANTS IN FLORIDA SEXTING CASES
Florida prosecutors use the state’s child pornography laws to prosecute cases in which adults exchange sexual text messages with minors. Some examples of child pornography charges an adult may face if he or she exchanges sexual text messages with a minor include:
- Use of a Child in a Sexual Performance
- Possession of Child Pornography
- Promotion of Child Pornography
- Transmission of Materials Harmful to a Minor
- Traveling to Meet a Minor
We advise parents to always communicate openly with their children about the personal and legal dangers of exchanging sexual text messages. To adults, we recommend always verifying the other party’s age before deciding to exchange sexual text messages with the person.
Homestead child pornography defense lawyer
No child pornography accusation should be taken lightly. Whether you are a civilian or a member of the military serving at Homestead Air Reserve Base in Homestead, our Florida child pornography defense lawyer is qualified to represent you. Contact Joffe Law to learn more about how our Homestead child pornography defense lawyer can defend you against the serious charge you are facing.