Pinecrest Child Pornography Attorney
Potent defense for state or federal sex crime charges
Child pornography is a serious offense. Florida law takes on a multifaceted approach to targeting crimes that exploit children for commercial purposes. There are several state statutes that allow prosecutors to charge individuals who play different roles in the production, consumption, and exchange of child pornography. People who have involvement with activities that exploit children typically move covertly. Because investigations often begin with an allegation or a suspicion, there are instances in which someone may be wrongfully accused of a child pornography-related expense. An wrongful accusation of having involvement with child pornography can follow the accused party around even if the allegations are proven to be false. Joffe Law understands the importance of protecting the rights of the accused. Our dedicated team provides legal representation to people who have been accused of a child pornography offense in Pinecrest FL.
Child pornography defined under Florida law
Florida law defines child pornography as a visual representation that depicts anyone who is under 18 years old engaging in sexual behavior. The visual representation may be:
- a photo
- a video
- a motion picture
- a digitally or mechanically generated, altered, adapted, or modified image
- any other depiction of a minor engaging in sexual behavior
Prosecutors must prove the individual in the photo was an identifiable minor at the time the depiction was created or modified. The term “identifiable” does not refer to the minor’s personal identity. It is sufficient for prosecutors to prove that upon looking at the image, the viewer can recognize that the image depicts a person.
Possession of child pornography
The most basic offense in Florida’s statutes that directly references illegal sexual images of children is possession of child pornography. An individual may be charged if he or she has actual or constructive possession of child pornography. Actual possession refers to the illegal images being found in the accused party’s pocket, on his or physical person, or within close reach. An individual constructively possesses illegal materials if the images are located in a space that is within the accused party’s control. For example, someone who owns a personal storage unit can be charged with possession because he or she constructively possesses the items in the storage unit. In another example, an employee may be charged if illegal materials are found in his or her private locker at work.
PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY IN SOUTH FLORIDA
Under Florida law, possession of child pornography is a third degree felony with a maximum sentence of five years in prison. At first glance, five years may not seem like much prison time for a crime that exploits children. However, prosecutors may charge a defendant with a separate count for each image. Therefore, if the police discover 1,000 illegal images of children on someone’s device, the defendant may be sentenced for up to five years in prison for each photo. Moreover, a unique provision in Florida’s child pornography laws can make sentencing even more severe if the defendant has multiple copies of the same photo.
POSSESSION WITH THE INTENT TO DISTRIBUTE
Florida law makes it easy for a possession charge to escalate to an offense that carries more severe sentencing. If an individual possesses more than three copies of an illegal sexual image of a minor, the court may presume the intent to distribute child pornography. The three image minimum is critically important because most computers, laptops, and digital devices that have a hard drive automatically create multiple copies of images. When you open an email or visit a website, your device will likely make one or more backup copies of the images you view. These backup copies allow you to return to websites you have visited more easily, find bookmarked pages, or restore files you may have accidentally deleted. If any of these instances result in someone having three or more copies of an illegal image, the individual may be charged and convicted for possession with the intent to distribute child pornography.
Do not say anything that might incriminate you. Speak with an attorney first.
ADDITIONAL CHARGES IN CHILD PORNOGRAPHY CASES
Even what may seem to be a basic possession case, the defendant will likely face an assortment of charges. In addition to a law against possessing child pornography, Florida’s statutes include very specific laws that prohibit the use of certain technologies to receive, submit, produce, edit, alter, or distribute pornographic depictions of children.
Florida law specifically prohibits the use of a computer in crimes that involve child pornography and similar offenses. The use of a computer for a purpose related to the sexual exploitation of a child is a third degree felony. The computer pornography statute prohibits the use of computer to do any of the following:
- advertise a minor’s name, phone number, place of residence, physical characteristics, or other descriptors for any purpose related to sexual conduct that involves a minor
- compile information for any purpose related to sexual conduct that involves a minor
- transmit or access any statement or advertisement of a minor’s personal information for any purpose related to sexual conduct that involves a minor
- buy, sell, receive, exchange, or disseminate a minor’s personal information for any purpose related to sexual conduct that involves a minor
The state computer pornography law also prohibits the use of a computer service or device to communicate with a minor or the parent or guardian of a minor for the purpose of soliciting, luring, enticing, or seducing a minor for a sexual purpose. Using a computer to solicit, lure, entice, or seduce a minor’s parent, guardian, or custodian to provide a minor for a sexual purpose. Use of a computer for the solicitation of a minor is a third degree felony. If the individual misrepresents his or her age while using a computer to solicit a minor, the individual may be charged with a second degree felony offense.
Charges for distributing child pornography in Pinecrest
Child pornography distribution is penalized more severely than possession. Distributing child pornography is a second degree with a maximum penalty of up to 15 years in prison for each image the defendant shares with someone else. An individual may be charged for distributing child pornography if he or she:
- transmit a digital file that contains illegal images of a minor
- shares an illegal depiction of a minor with someone
- sells illegal materials that depicts children
- shows an illegal image of a child to someone else
If a state prosecutor charges a defendant with distributing child pornography, chances are the prosecutor will also likely charge the individual with promoting child pornography. Promoting child pornography or any other sexual performance that involves a minor is a first degree felony with a maximum sentence of 30 years in prison.
SELLING OR DISTRIBUTING HARMFUL MATERIALS TO A MINOR
Florida law prohibits the sale, rental, loaning, or any other means of distributing harmful materials to a minor. Harmful materials as referenced by the state law can be in the form of:
- movies, excluding exhibitions
- videos
- photos
- drawing
- sculptures
- any similar visual representation
- books
- magazines
- pamphlets
- brochures
- any similar printed matter
- sound recordings
An individual who casually sends or displays a pornographic image to a minor may be prosecuted under this law. The law requires the act of distributing the harmful material to be intentional with knowledge or reason to know that the material may be harmful to a minor. The age of the child and the character of the materials are subjective, but relevant questions in these types of cases. Prosecutors must prove:
- the material primarily appeals to sexual or erotic interest
- the material is offensive according to the current community standards for what is appropriate for children
- when perceived as a whole, the material has no serious artistic, political, or scientific value for children
Use of a child in a sexual performance
Adults who authorize, employ, or induce a child to participate in a sexual performance may be charged with a second degree felony. Florida’s statute against using a child in a sexual performance also prohibits parents, guardians, and custodians from giving consent for a child to participate in a sexual performance.
To prove a defendant used a child for a sexual performance, the prosecutor must prove the defendant authorized, employed, or induced the minor. If the child was provided for a sexual performance by someone who had custody of the child, the prosecutor must prove the nature of the relationship between the custodian adult and the child. The law does not require the adult to be the child’s legal parent or guardian. The adult who gives consent may be a temporary caregiver or anyone who assumed the responsibility of housing or supervising the child. The prosecutor must also prove the defendant knew the character of the performance. The state must also prove the adults involved knew the character and content of the performance. The law also requires the child to have been a minor at the time of the performance.
Florida’s sexting and revenge pornography laws
The proliferation of smartphone and digital camera technology has generated a sharp increase in child pornography cases that involve defendants who are also minors. Teens and even younger kids use their digital devices to take and share photos of themselves and others. Social media, texting, and sharing photos is all fun and games until there is an element of illegality involved. Florida’s legislature has expanded the state’s statutes to address misuse of digital technology by enacting laws against sexting and nonconsensual pornography.
FLORIDA’S LAW AGAINST SEXTING WITH A MINOR
Sexting, a term that refers to sending sexual material through a text message, is legal when the parties involved are overtly consenting adults. Florida courts treat sexting cases that involve minors very differently depending on whether an image of a minor was sent to or solicited by an adult. Florida law prohibits the act of sending and the act of receiving a sexual image of a minor.
Cases that involve a minor who sends sexual images to another minor are most often adjudicated in the juvenile court system. A first-time sexting law offender who is under 18 may be sentenced to eight hours of community service, ordered to pay a fine of up to $60, and required to complete an educational course on the dangers of sexting. Failure to complete the requirements may result in the state suspending the minor’s driver’s license. Second-time offenders may be charged with a misdemeanor that may be punishable by up to one year in jail. Third and subsequent offenses may be charged and sentenced as a third degree felony.
NONCONSENSUAL PORNOGRAPHY
Nonconsensual pornography, also known as “revenge porn,” is illegal in Florida and other states. Florida law classifies nonconsensual pornography as “sexual cyberharassment.” An adult or minor may be charged with sexual cyberharassment if he or she publishes to a website or disseminates through electronic means to someone else:
- a sexually explicit image of a person;
- that contains or conveys the personal information of the individual in the image
- without the consent of the person in the image
- contrary to the expectation of the person in the image that the image would remain private
- for no legitimate purpose and
- with the intent of causing substantial emotional distress to the depicted person
Revenge porn is illegal whether an adult or a child shares the image. However, adults and minors who engage in sexual cyberharassment in a way that depicts a minor may also be charged under Florida’s extensive child pornography laws. Any defendant who takes or shares sexual images of a minor to cause emotional distress may also be charged with:
- possession of child pornography
- distribution of child pornography
- using a child in a sexual performance
- computer pornography
- promotion of a sexual performance by a minor
Parents should always communicate with their children who are under 18 about the personal, social, and legal dangers of creating and sharing sexual messages. If you or your child is facing a sexting or sexual cyber harassment charge, contact Joffe Law to learn how we can help.
David Joffe is South Florida’s trusted defense lawyer for child pornography cases in Pinecrest FL. Call the legal professionals at Joffe Law to receive a case evaluation.