Pembroke Pines Child Pornography Attorney
Decades of experience handling state & federal sex crimes
Offenses that commercially exploit children are aggressively prosecuted by federal, state, and local law enforcement agencies. People who are wrongfully accused of a child pornography offense can expect to be heavily scrutinized and may even be questioned by the people who are closest to them. Repairing the damage a wrongful child pornography accusation may cause can take years. Therefore, anyone who is accused of child pornography in Pembroke Pines should immediately consult a Florida child pornography defense lawyer. Retaining a child pornography defense attorney early may enable your lawyer to prevent the negative effects false accusations have on the lives of people who are wrongfully accused.
Wrongfully accused of a child pornography offense in Pembroke Pines
A child pornography charge can immediately affect your personal relationships and your professional life even if you have not been convicted. Your neighbors and loved ones may be more cautious about allowing their children to interact with you. Your employer will likely have questions about the charge. If your case is covered by the media, members of your community may automatically presume the accusation is true.
You don’t have to face a child pornography charge on your own. Contact a Pembroke Pines child pornography defense lawyer the moment you realize you have been named in a child pornography case. An attorney can protect your rights and shield your reputation from false allegations of child pornography.
Investigating a Pembroke Pines child pornography case
Most child pornography in the United States is produced and transmitted through digital means. People who buy, sell, trade, and view child pornography generally engage in their illegal activities in private groups and in spaces online that are not readily accessible. For this reason, law enforcement agencies often use sting operations to go undercover and infiltrate child pornography rings.
During a sting operation, undercover police officers monitor areas in which child pornography is more likely to occur. Undercover officers pretend to be people who have an interest in buying, selling, or producing child pornography. Officers sometimes pretend to be minors who are vulnerable to child pornographers and others who are looking to exploit children. Throughout the course of the investigation, the undercover officer will interact with people to learn the different roles they play in the child pornography trade. When the law enforcement agency receives enough evidence for the prosecution to charge someone and build a case against the individual, the law enforcement agency will conduct a raid and make arrests.
If you have been arrested on a chat room charge, there are several different approaches a Florida child pornography defense lawyer may take in defending you against the charge. For example, if an undercover agent induced you to engage in illegal activity or made deceptive statements about the law, your Pembroke Pines child pornography defense attorney may be able to successfully argue entrapment.
Federal and state child pornography charges
Child pornography crimes are often federal offenses, but they can also be charged in a Florida state court. A defendant in a child pornography case may be charged in federal court if:
- the case involves an element that occurs in the stream of interstate or international commerce
- the case involves a federal agency or a federal employee
- the case involves activity that occurs on federal property
- the case involves a U.S. territory
Federal courts tend to apply a broad definition to activity that occurs in the stream of interstate or international commerce. For example, someone who downloads child pornography on a laptop that was assembled in South Korea may be charged in federal court even if the photos were created, uploaded, and accessed in Florida. Our Pembroke Pines child pornography defense lawyer can help you understand the implication of state charges versus a federal offense.
Do not say anything that might incriminate you. Speak with an attorney first.
Charged with possession of child pornography in Pembroke Pines
State and federal prosecutors can charge possession of child pornography as a state or federal offense. Both federal and state law define child pornography as a visual depiction that includes a minor engaging in sexual activity.
Not only is possession a standalone offense, but it is also an element in other child pornography charges. Prosecutors will often also charge defendants who are accused of more severe child pornography offenses with at least one count of possession. If the prosecutor is unable to establish all of the elements of the more severe offense, the defendant may still be convicted if the prosecutor can prove the elements of a possession charge.
ACTUAL POSSESSION VS. CONSTRUCTIVE POSSESSION
Federal and state law recognize actual possession and constructive possession in child pornography cases. Cases that are based on actual possession are generally more straightforward. Actual possession occurs when a defendant has an illegal item on his or her person or within his or her reach. Examples of actual possession include:
- having a flash drive that contains child pornography files stashed on your body
- having a laptop that contains child pornography files in a backpack you’re carrying
- having an external drive that stores child pornography under your driver’s seat while you’re in your car
- having a phone that contains child pornography files in your pocket
Constructive possession occurs when an individual has an illegal item in an area that is within his or her control even though the item is not located in close physical proximity. Examples of constructive possession include:
- having a laptop that stores child pornography locked in your assigned desk at work
- having a flash drive that contains child pornography images in your bedroom closet at home
- having an external storage drive that contains child pornography files in your private storage unit
- having a phone that contains child pornography in the trunk of your car
Cases that involve constructive possession are often more subjective. For example, if a law enforcement officer finds illegal materials on a shared computer in a public space with no way of limiting access to a specific user, proving possession may be more challenging.
Possession of child pornography is a third-degree felony under Florida law. 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.
Charged for promoting child pornography
Florida’s legislature wrote the state’s law against promoting child pornography so broadly that it may refer to any quantity of sexual depictions of a minor. Therefore, a defendant may be convicted for promoting child pornography whether he or she privately emails one sexual image of a minor to someone or if he or she posts a link to child pornography on a social media page to give access to thousands of people.
Another important nuance in Florida’s law against promoting child pornography is the provision that allows courts to infer a defendant’s intent to promote child pornography. A defendant may be convicted on a promotion charge if he or she has possession of three or more copies of a pornographic depiction of a minor. Computers often automatically make copies of images without the user’s knowledge or intent. Nevertheless, a case that begins with a possession charge can quickly evolve into a more severe case that involves an allegation of promoting child pornography.
In contrast to a possession charge, promotion of child pornography is a second-degree felony under Florida law. If convicted, a defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $10,000.
Use of a child in a sexual performance
A parent, guardian, or custodian who authorizes, provides, or employs a minor to participate in a sexual performance may be convicted for use of a child in a sexual performance. In these cases, Florida courts may apply a relatively flexible definition of “guardian” and “custodian.” Anyone who consents for a child to participate in a sexual performance while officially or unofficially supervising the child may be charged with use of a child in a sexual performance.
Transmission of materials harmful to a minor
Florida law prohibits the transmission of sexual materials to minors. Although state law does not provide a list of materials that are inherently dangerous to minors, the court applies a specific test in each case. A defendant may be convicted if it meets the following requirements:
- the material appeals to the prurient, shameful, or morbid interest
- the material is patently offensive
- the material is without scientific, artistic, political, or literary value
A Florida court can only convict a defendant for transmission of materials harmful to a minor if the defendant knew the recipient was a minor at the time. State law also requires the prosecution to prove the defendant specifically intended to send the material to the minor and sent the material via electronic means.
Unlike other child pornography offenses, transmission of materials harmful to a minor does not require a convicted defendant to register as a sex offender with the Florida registry. State prosecutors sometimes offer plea deals that require defendants who are charged with certain other child pornography offenses to plead guilty for transmission of materials harmful to a minor in exchange for not being required to register as a sex offender.
Florida’s child pornography laws in Pembroke Pines sexting cases
Under state law, two adults in Pembroke Pines may legally exchange sexual text messages with each other if both parties are at least 18 and overtly consent to the exchange. However, if at least one party is a minor, a state prosecutor may get involved. Florida law treats adult offenders of the sexting law very differently than minors offenders.
MINOR DEFENDANTS IN PEMBROKE PINES SEXTING CASES
Most Florida cases in which the defendant is a minor are prosecuted in the juvenile court system. State juvenile courts generally require first-time minor offenders of Florida’s sexting law to complete a course on the dangers of sexting, do eight hours of community service, and pay a fine of up to $60. The minor defendant must either complete the requirements or appeal the court’s decision within 60 days. If the minor fails to do either, the state may suspend the minor’s driver’s license.
Second-time minor offenders of Florida’s sexting law may be charged with a first degree misdemeanor. If convicted, the minor may be sentenced to up to one year in county jail and ordered to pay a fine of up to $500.
Third-time minor offenders who violate Florida’s sexting law may be charged with a third degree felony. If convicted, the minor may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000. If a court determines that a teen’s conduct in a sexting case is extremely severe, the minor defendant may be charged as an adult.
ADULT DEFENDANTS IN FLORIDA SEXTING CASES
Florida prosecutors use the state’s child pornography laws to charge adults who are accused of sexting with minors. An adult who exchanges sexual text messages with a minor may be charged with:
- transmission of materials harmful to a minor
- possession of child pornography
- promotion of child pornography
- traveling to meet a minor
- use of a child in a sexual performance
Parents should communicate openly with their children about the personal and legal risks that are involved with exchanging sexual text messages. Anyone who receives an unsolicited sexual photo of a minor should report the photo to the minor’s parent, a teacher, a school official, or a law enforcement agency. You should also take steps to delete the photo and consult a child pornography defense attorney to ensure you have taken the necessary actions to avoid the appearance of criminal activity.
Let a child pornography attorney in Pembroke Pines help you
Joffe Law is Pembroke Pines’ trusted law firm for child pornography defense. If you or someone you know has been named in a child pornography case, give us a call. Our goal is to protect your rights and provide solid legal representation and counsel at every step. A member of our team will conduct a case evaluation and advise you regarding potential next steps.