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Naples Federal Defense Sex Offenses Child Pornography Cases

Child Pornography Defense Attorney in Naples

When your freedom is at stake, count on our
Collier County, Florida criminal lawyers

Accusations of child pornography possession or transmission are some the most distressing legal problems that a person can face. Reputational damage could be substantial on top of potential criminal penalties. Both possession and transmission of pornographic images depicting children are third-degree felonies in Florida. A conviction for a single charge can result in a 5-year prison term, 5 years probation and a $5,000 fine. Individuals confronted by investigators or already charged with crimes may come to Joffe Law, P.A. to talk about this serious issue with a Naples child pornography attorney.

Legal definition

The state’s criminal code regards images of a person less than 18 years old that portray sexual activities to be child pornography. Sexual activities are broadly defined to include:

  • sexual intercourse
  • simulated sexual intercourse
  • deviate sexual intercourse
  • sadomasochistic abuse
  • sexual beastiality
  • masturbation

Charges of child pornography possession are possible when authorities believe that a person had physical copies of the images or digital copies on a computer, tablet, phone or other storage device.

Transmission charges occur when investigators discover evidence indicating that the person shared the images with others. Transmission activities include directing or producing the illegal content and advertising it to others.

Prosecutors often charge people with multiple counts of child pornography for each image possessed or transmitted. The application of penalties for every single conviction can lengthen a sentence considerably. Cases against accused child pornographers usually result in multiple counts as was illustrated in Naples, Florida, when a former sheriff’s deputy in Collier County was arrested and charged with 100 counts of child pornography. Investigators who executed a search warrant at his home found videos of children engaged in sexual encounters on his computer.

Just Arrested in Naples?
Do not say anything that might incriminate you. Speak with an attorney first.

Possession defenses

Someone accused of child pornography possession may have a legitimate argument that he or she did not know the illegal content was present on a computer or other device. This can happen in a number of ways. Another person who had access to a computer or phone may have placed the images on it. Lending a phone to a friend or neighbor or allowing a guest to use a computer creates an opportunity for the viewing or downloading of explicit material. An accused person may be able to establish that he or she did not have control of the device when pornographic files were accessed on it. When facts support this defense, the prosecution will have trouble eliminating doubts about the defendant’s innocence.

Situations also arise when people mistakenly access child pornography although they had no intention to do so. Prohibited images may have been delivered via a spam email. Someone surfing the web may follow a link with the impression that it leads to legal content but then the website displays child pornography. Alternatively, malware may load the pictures onto a computer. Hackers could also take over a computer system and place the illegal images. In other cases, an accused person has received unsolicited images that were sent by someone else. Even when people try to delete the illegal images, the computer may retain thumbnail files that still expose them to criminal prosecution for possession.

A criminal defense attorney may work with a technology specialist to collect evidence about how content arrived on a computer. Our consultants could uncover evidence about a malware or hacking attack. The digital trail left by someone who sent you images may also show that you in no way asked for them and tried to delete them. Expert testimony like this could counteract the conclusions of a prosecutor.

Transmission defenses

Proving transmission of these illicit images requires evidence that:

  • the suspect produced, directed, advertised or disbursed images for the purpose of being seen by others.
  • the images showed sexual activity involving a person under age 18.
  • the person understood that the image was child pornography and chose to distribute it.

A defense strategy could cast doubt on any of these required elements. Technical evidence may call the actual act of transmission into question. Someone could have been misled about the ages of the people shown in the pictures. Our role as your legal representative will be to protect your rights so that a fair evaluation of your situation may be undertaken.

Seek legal advice right away

Criminal investigators typically approach a subject prior to seeking a search warrant or making an arrest. An individual in Naples may think that answering a few questions could put the issue to rest, but legal advice is very important before giving any statements to law enforcement. Florida law compels investigators to make strong efforts to combat child pornography. They will consciously try to elicit responses from you that indicate guilt because they want to make arrests. We can offer you a confidential consultation and prepare you to field questions about images suspected of being illegal. Legal support as early as possible during the investigation of your case could prevent negative outcomes.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.