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Parkland Child Pornography Defense Lawyer

Sex crimes lawyer specializing in Internet crime cases

Child pornography allegations ruin careers, divide families, and devastate communities. Unfortunately, the aftermath of a child pornography accusation may linger even if the accused party is proven innocent. People may still wonder if the accused party really had something to do with the crime. Future employers and business contacts may ask how someone could become involved with serious criminal accusations against children. Hiring an experienced child pornography defense attorney can help people who have been wrongfully accused of a child pornography-related offense protect their freedom and reputation. David Joffe is South Florida’s dedicated attorney who defends the accused in Parkland FL child pornography cases.

Child pornography offenses in Parkland

Florida law defines child pornography as visual materials that depict a minor engaged in sexual conduct. Florida has several statutes prosecutors may use to charge individuals who are accused of crimes that involve the commercial sexual exploitation of children. Some of the most common offenses in child pornography cases include:

  • possession of child pornography
  • distribution of child pornography
  • promoting a sexual performance by a child
  • use of a minor in a sexual performance

We represent defendants in a variety of child pornography-related cases in Parkland FL. When it comes to very serious offenses like crimes that involve children, it’s never too soon to retain legal counsel. Contact Joffe Law at the first sign that you may be under investigation for child pornography.

Possession of child pornography

An individual may be charged with possession of child pornography under Florida law whether he or she actively or constructively possesses illegal images of a minor. Active possession occurs when the illegal material is on the person’s physical person or in close enough proximity for the individual to reach the material. Construction possession occurs when the illegal material is located in an area that is within the accused defendant’s control. Examples of constructive construction include:

  • an athlete’s locker
  • a homeowner’s garage
  • a private external storage device
  • a personal laptop or desktop computer
  • a personal storage unit

In some cases, establishing possession can be more challenging. For example, if law enforcement officers find child pornography in a shared closet in an office building or shared residence, tracing the illegal material back to the owner and other people who intentionally view the material may require a more thorough investigation. A child pornography defense attorney will challenge possession anytime the state does not appear to be able to clearly connect the material to the defendant.

Distribution of child pornography

Most people would be surprised to learn how easy it is to be suspected of distributing child pornography. An individual may be charged with distributing child pornography if he or she sends an illegal image to someone else. Physically showing child pornography to another person may also substantiate a distribution charge.

There are a few seemingly situations in which an individual may appear to be transmitting child pornography; however, the accused party may be completely unaware of the illegal material. When a computer virus infects a device, the virus secretly downloads unwanted files onto the individual’s device. In many cases, viruses download files that direct the person’s computer to adult pornography websites. However, it is not impossible for a virus to download illegal images of children. Computer viruses also spread when an infected device communicates with someone else’s device. Sending an email or sharing file storage drives between two computers can spread viruses and create the appearance that the owner of the original device shared illegal images with someone else.

When allowing someone to borrow your computer or other device, you should always be sure the borrower will not put you in a compromising position. Sharing devices can also create the appearance that the device owner has accessed material that was actually viewed by the borrower. If the borrower does not completely remove all illegal files, the owner of the device may be investigated by law enforcement if the police are able to trace the illegal material back to the device.

Public computers, workplace devices, or computers in shared households may also result in a false accusation of possessing or transmitting child pornography. If police are unable to determine exactly who used the device to access and share the images, everyone who has access to the device may be subjected to police investigation.

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

Distributing harmful materials to a minor

Florida law prohibits adults from renting, selling, or loaning any photo, drawing, movie, sculpture, or comparable visual representation that depicts sexual conduct or anything that is harmful to minors. The law also prohibits adults from supplying minors with sound recordings, books, magazines, pamphlets, or other printed matter that depicts sexual conduct or any other subject matter that is harmful to minors. Prosecutors must prove the adult intentionally supplied the material to a minor by establishing the adult’s awareness of:

  • the character of the material
  • the content of the material
  • the age of the minor

The prosecution must also prove the material was harmful to a minor. To prove the material was harmful to a minor, the prosecution must establish the following:

  • the material primarily appeals to shameful or erotic interest
  • in considered offensive according to the community’s current standards for what is deemed appropriate to children
  • the material, when perceived as a whole, is without scientific, artistic, political, or literary value for children

In 2013, the Florida legislature enacted a separate criminal offense that prohibits the distribution of materials that are harmful to minors while on school property. The law also makes it illegal to post harmful material on school grounds unless the material is educational in nature and designed to be used by teachers as an instructional tool for a class.

Promotion of a sexual performance by a child

Use of a child for a sexual performance is a second degree felony offense in Florida. Any adult may be charged with using a child for a sexual performance under state law if he or she employs, authorizes, or induces a child to engage in a sexual performance. A child’s parent, guardian, or legal custodian may be charged if he or she consents to a child being used in a sexual performance. In addition, the prosecution must prove the adult knew the character and content of the performance. The statute also requires the minor to have been under 18 at the time of the performance. A sexual performance may be a video, image, play, or other visual representation that depicts any of the following:

  • sexual intercourse
  • anal sex
  • oral sex
  • masturbation
  • bestiality
  • lewd exhibition of genitals

Possession with the intent to promote

If a defendant has three or more copies of the same pornographic image of a minor, the prosecution may present the multiple images as prima facie evidence of the intent to promote. Computers often make multiple copies of an image depending on how many times the viewer has accessed the image and where the image is saved. Therefore, defendants are often surprised to learn that the state may charge them with the intent to promote a sexual image of a child if investigators find copies of the same image on their device.

Florida’s sexting law

Sexting, or the act of sending sexual images via text message, is a legal activity in Florida when it occurs between two adults who have mutually consented. However, if at least one party is a minor, sexting is a crime. Florida law handles sexting among minors very differently than cases in which an adult sends sexual images to someone who is under the age of 18.

Sexting between minors

As teens and younger children have gained unsupervised access to smartphones, tablets, computers, and laptops, Florida courts have increasingly had to adjudicate cases that involve minors producing, possessing and transmitting sexual images of themselves and other minors.

A minor with no prior offenses who is caught sexting another minor may be sentenced to eight hours of community service, a fine of up to $60, and ordered to complete a course on the dangers of sexting. If the convicted minor does not complete his or her sentence, the court may suspend the minor’s driver’s license. The second sexting offense is a first degree misdemeanor offense that is punishable by up to one year in jail and a fine of up to $1,000. The third offense is a third degree felony punishable by up to five years in prison, five years on probation, and a fine of up to $5,000.

Sexting cases in which the parties involved are minors are generally adjudicated in the state’s juvenile court system. However, the minor may be prosecuted as an adult if the case is severe.

Sexting between a minor and adult

If an adult sexts a minor, the adult may be charged with a variety of felony offenses. Depending on whether the adult received photos of the child, possible charges include:

  • Possession of child pornography
  • Distributing child pornography
  • Distributing harmful material to a minor
  • Use of a minor in a sexual performance
  • Promoting the sexual performance of a minor

Florida’s sexting law is new territory to courts, prosecutors, parents, and attorneys. If your child has been accused of sexting, contact a Parkland defense attorney immediately.

Lawyer for Parkland FL child Pornography charges

David Joffe is the lawyer you want on your side if you are facing a child pornography charge in Parkland. We know how to expertly handle serious cases that involve delicate matters like the exploitation of children. We also understand the rights of people who are accused of serious crimes, and we will work diligently to prevent the infringement of your constitutional rights. Contact Joffe Law to learn how our South Florida child pornography defense lawyer can provide you the legal counsel and representation you need. A member of our team will schedule a confidential case evaluation.


Frequently Asked Questions
about child pornography charges

How can I educate my child about the dangers of sexting?

The best way to teach your child how to avoid the pitfalls of sexting is to maintain open communication about the potential personal and legal consequences of exchanging inappropriate text messages. If you become aware that your child may be sending illegal messages, consider monitoring your child’s screen time more closely, and ensure he or she deletes all images. If your child receives a pornographic message, ensure your child immediately deletes all copies of the image. If the image came from another minor, contact the school authorities and, if possible, the other party’s parents. If your child has received a sexual message from an adult, notify law enforcement.

What should I do if my computer is infected with a virus?

If you notice any dangerous or illegal images of children on your device, gather information about the origin of the images if possible, and notify law enforcement. Speak with an attorney prior to contacting law enforcement. Your attorney will be able to advise you of what to say when you report the suspected crime.

What if I found illegal images after letting someone borrow my laptop?

Do not repeatedly access the images. Immediately contact a child pornography defense attorney. Even though you did not knowingly receive or possess the images, a defense attorney can help you avoid creating the appearance that the images may be your property.

How do law enforcement agencies investigate child pornography offenses?

Law enforcement agencies often conduct sting operations with the objective of identifying people who engage in producing and distributing child pornography. These operations often occur online. Undercover officers participate in chat rooms, web forums, and respond to classified ads that often serve as tools child pornographers use to communicate with buyers. Local and state law enforcement agencies commonly work in cooperation with federal agencies to expand their access to resources and share information. Therefore, people who are arrested for a child pornography offense in Florida are likely to simultaneously face federal and state charges.

What should I do if a law enforcement agency has contacted me regarding a child pornography investigation?

Call Joffe Law. Having an attorney present when you communicate with law enforcement can prevent the police from unnecessarily invading your privacy, violating your rights, or inducing you to make statements that create unnecessary suspicion.

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AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.