Child Pornography Lawyer Miami Lakes
Experienced sex crimes defense attorney for complex criminal cases
Offenses that exploit children are aggressively prosecuted and severely penalized by state and federal governments. Child pornography has particularly evolved and required more innovative investigative approaches with the advancement of the internet and digital technology. Although law enforcement agencies make efforts to target the correct individuals when investigating child pornography offenses, mistakes do sometimes happen. If you have been wrongfully accused of a child pornography offense you need an expert to handle your defense. David Joffe is an esteemed Miami Lakes child pornography defense attorney who represents defendants in federal and state cases.
State and federal charges in Miami Lakes child pornography cases
Compared to other types of crime, child pornography offenses very quickly become federal court cases. Today, most child pornography is disseminated through digital files that are commonly shared across state lines and international borders. Some details in a case that may automatically implicate federal jurisdiction include:
- an aspect of the case that occurs within the stream of interstate or international commerce
- activity that takes place on federal government property
- activity that takes place in a U.S. territory
- the involvement of a federal government employee or a foreign government official
Federal courts sometimes broadly interpret whether a case involves interstate or international commerce. For example, a defendant who downloads child pornography onto a storage drive that was manufactured overseas may be considered by the court to be an element that took place in the stream of international commerce. A Miami Lakes federal crime attorney can challenge the jurisdiction of your case if it appears that the case does not meet federal jurisdictional requirements.
How child pornography offenses are investigated
Federal law enforcement agencies often work with state and local law enforcement agencies to combine resources and intelligence to investigate child pornography cases. Because child pornography rings often move discreetly in the dark recesses of the internet, law enforcement officers often go undercover by conducting sting operations to gather evidence.
During a child pornography sting operation, law enforcement officers monitor an online space that is a known or suspected gathering spot for people who have involvement with child pornography. Undercover agents pose as interested child pornography buyers, sellers, or minors who are vulnerable to being approached by adults for exploitative purposes. The undercover officer communicates with people online and infiltrates child pornography rings to determine who is involved and the role each person plays. When the investigating agency receives enough evidence, the police will typically conduct a raid and make arrests.
If you are facing a chat room charge, contact a Miami Lakes child pornography defense lawyer. Your Miami Lakes sex crime lawyer will review your case to determine whether entrapment may have taken place.
ENTRAPMENT IN MIAMI LAKES CHILD PORNOGRAPHY CASES
When conducting a sting operation, law enforcement officers are required to follow certain rules. An undercover officer cannot induce anyone to participate in criminal activity. Evidence law enforcement agencies obtain through illegal means cannot be used against the defendant in a criminal case. For example, if an undercover police officer threatens violence or unlawful arrest against someone to induce the person to commit a crime, the individual cannot be convicted for the offense. Undercover law enforcement agents are also not permitted to lie to someone about the legality of an action to convince the person to engage in illegal activity. When the police induce someone to engage in crime, the individual may argue entrapment as a defense against criminal liability.
Do not say anything that might incriminate you. Speak with an attorney first.
Miami Lakes child pornography possession cases
Possession is a foundational child pornography offense, and it is also a required element in child pornography charges that have more severe sentences. Florida’s child pornography possession law strictly prohibits knowingly possessing, controlling, or intentionally viewing a sexual depiction of a minor. A defendant may be convicted on a federal or state child pornography possession charge if he or she has actual or constructive possession of visual depiction of a minor engaging in sexual conduct.
Actual possession is easier to prove. Courts generally conclude that a defendant has actual possession of an illegal item if:
- the item is on the defendant’s physical person
- the item is in a pocket or attached to the defendant’s clothing
- the item is in or attached to a bag or other accessory the defendant is holding, wearing, or carrying
- the item is within the defendant’s physical reach
Constructive possession is less concrete and more subjective. An individual likely has constructive possession of an illegal item if:
- the item is located in the defendant’s assigned locker at work
- the item is located in the defendant’s personal closet at home
- the item is located in the defendant’s locked glove compartment
- the item is located in the defendant’s assigned storage unit
- the items is located in a password-protected file on the defendant’s laptop
Constructive possession is more difficult to prove if the illegal item is found in a shared space. For example, if investigators find child pornography in a shared workplace Dropbox account, the prosecution will likely have to do more to establish the defendant as the person who downloaded or accessed the images. Your Miami Lakes child pornography attorney is tasked with identifying and leveraging weaknesses in the prosecution’s case against you.
Possession charges add up quickly if the defendant has more than one depiction or if there is more than one minor appearing in a single depiction. Prosecutors charge one count of possession for each image or for each minor who appears in a single image. Possession of child pornography is a third-degree felony under Florida law. If convicted in state court, the defendant may be sentenced to up to five years in prison and a fine of up to $5,000 per count.
Promoting child pornography
Florida’s law against promoting child pornography was written broadly enough to cover virtually any act of transmitting or sharing a sexual depiction of a child. Under Florida law, child pornography is the manufacture, sale, or transfer of any image or video that either depicts a minor engaging in sexual activity or was created or modified to portray an identifiable minor engaging in sexual conduct.
In some cases, the defendant may still be charged for promoting child pornography without participating in the manufacture, sell, or transfer of child pornography. Florida’s child pornography possession laws allow state courts to presume the defendant had the intent to promote child pornography if the defendant had three or more copies of an illegal image of a minor in his or her possession.
A defendant may be convicted for promoting child pornography whether he or she knowingly sends a single image of a minor engaging in sexual conduct to someone via email or posts a link to child pornography for millions to see on social media. Promotion of child pornography is a second-degree felony. If convicted, the defendant may be sentenced to a maximum of 15 years in state prison and a fine of up to $10,000.
Use of a child in a sexual performance
A defendant may be charged for using a minor in a sexual performance if he or she authorizes or employs anyone who is under 18 years of age to participate in a sexual performance. Parents, custodians, and guardians may also be charged and convicted under the statute if they give permission for a child who is in their care to participate in a sexual performance. The terms “guardian” and “custodian” are not limited to people who have a familial or legal responsibility to supervise the child. Therefore, people who are temporarily responsible for watching the child may be convicted.
An individual may be convicted in state court for promoting a sexual performance by a child if he or she produces, directs, or promotes any performance that includes sexual conduct by a child. Both use of a child in a sexual performance and promotion of a sexual performance by a child require the prosecution to prove the defendant knew the character and content of the performance at the time of the offense.
Transmission of material harmful to minors
Florida law prohibits the transmission of sexual materials to minors. The law against transmission of materials harmful to minors does not specify types of materials that are harmful to minors. Nevertheless, Florida courts interpret “materials harmful to minors” as any type of content, whether photographic or written, that depicts nudity or sexual content. State prosecutors must prove the material appeals to a prurient, shameful, or morbid interest that is patently offensive. The court weighs the current community standards of adults to determine what is deemed inappropriate for a child. The material must also be without significant artistic, political, or scientific value. Florida courts have held that the statute applies to materials that are transmitted via email or and instant messaging. Similar to Florida’s child pornography possession statute, transmission of materials harmful to minors is also generally charged by prosecutors as one count per image.
Transmission of materials harmful to minors is a third-degree felony. 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.
Sexting and Florida’s child pornography laws
Few people expect to be arrested and charged for a serious offense when they are sexting. In Florida, sexting–the act of exchanging sexually-themed text messages–is legal if both parties are adults who overtly consent to the nature of the messages. However, if at least one party is a minor, sexting is a crime.
SEXTING BETWEEN MINORS
Most Florida sexting cases that occur between minors are adjudicated in the state’s juvenile court system. First-time minor offenders of the sexting law may be ordered by a juvenile court to pay a fine of up to $60, do eight hours of community service, and complete a course on the dangers of sexting. Second-time juvenile violators of the sexting law may be charged with a misdemeanor and sentenced to up to one year in jail and ordered to pay a fine of up to $1,000. Third-time offenders may be convicted for a third-degree felony and sentenced to a maximum of five years in prison and ordered to pay a fine of up to $5,000.
A sexting charge can have a lasting impact on a minor’s career. Parents should openly communicate with their children about the threat to personal safety and legal dangers sexting may pose. Minors who receive a sexual text message should immediately inform an adult and delete the image to avoid a criminal charge.
SEXTING BETWEEN AN ADULT AND A MINOR
An adult who exchanges sexual text messages with a minor will generally be treated very differently by Florida’s criminal court system. In sexting cases that involve an adult and a minor, the adult may be charged under the state’s child pornography statutes. Some common child pornography laws Florida prosecutor use to charge adults for sexting with a minor include:
- transmission of materials harmful to minors
- possession of child pornography
- promotion of child pornography
- use of a child in a sexual performance
- promotion of a child in a sexual performance
In some cases, an adult may receive an unsolicited sexual image from someone who is under 18 years of age. For example, one person may send a photo of a minor to a third party, a minor may send a sexual photo to someone who is unaware of the minor’s age, or an adult may receive a text message from someone who mistakenly sent the image to the wrong number. In any case, an adult who receives an unsolicited sexual text message from a person who is of a questionable age, the adult should either confirm the age of the person who appears in the photo or delete the photo altogether.
Miami Lakes child pornography defense lawyer
An accusation of a child pornography offense should always be taken seriously. Take an important first step toward protecting yourself by contacting our Miami Lakes child pornography defense lawyer. A member of our team will evaluate your case.