Tampa Child Pornography Lawyer

What are the most common charges?

Knowing what crimes are most commonly prosecuted in the state of Florida can help you properly asses the gravity of your individual situation.

• Possession: A Third-Degree Felony, being found in the possession of child pornography is no joking matter. In Florida, possessing even one single sexually explicit image of a minor is considered to be child pornography crime. Each image found on the possession of the accused may be accompanied by one distinct criminal count and a fine of $5,000. Each criminal count may constitute an imposed prison sentence of 5 years in prison and 5 years of probation. Judges generally begin adding each possession count from the beginning of a case. For example, if an individual were found to be in possession of five sexually explicit/pornographic images of a 16-year old minor (because in the state of Florida, minors are defined as anyone under 18 years of age), a judge would most likely decide to count each image as a single distinct count. The accused would probably face up to 25 years in prison and be fined up to $25,000. Consequences increase in severity as material becomes more explicit, heinous, or detailed (multiple images, longer, video clips, etc.). The amount of material in your possession and the circumstances surrounding your individual situation may be considered by the courts. For this reason, having an experienced Tampa child pornography attorney working on your defense is critical.
• Transmission: Transmission is defined as a criminal act which promotes or helps to perpetuate the sharing of media that sexually depicts minors for stimulatory purposes. Distributing or transmitting child pornography, even accidentally, in any way, is a severe offense in Florida. It falls under laws pertaining to the promotion of sexual performance by a child. Convictions stem from charges in which the accused either directed, transmitted, advertised, produced or otherwise perpetuated the visual representation of sexually explicit conduct by children for the viewing purposes of others.
• Production can be defined as knowingly or unknowingly aiding in the manufacture, creation, perpetuation, production, direction, or solicitation of material or assistance from minors or adults in order to create sexually explicit content that exploits minors for the purpose of viewing by third-party sources. Creating, helping anyone create, or even knowing about the creation of sexually explicit material involving minors can be counted as a child pornography production crime. Production crimes carry the steepest possible penalties and are oftentimes also accompanied by transmission and possession charges. Charges may also be counted distinctly and separately. Individuals accused of federal sex crimes of child pornography are not protected from double jeopardy. This means that if a case falls under federal jurisdiction, each count may be used against the accused twice. Each child pornography manufacturing/production charge can carry a minimum prison sentence of 20 years and a steep five-figure fine.

What defenses are possible?

Child pornography is a severe crime that should always be taken seriously. That being said, our Tampa law firm knows that sometimes, the accused are innocent. In other situations, ignorance may lead to charges or allegations that are unfounded.

• Possession defense: In some situations, possession of child pornography in Tampa is due to ignorance on the part of the accused. In other situations, an individual may have unknowingly clicked on an image that that did not know was exploitative to children. Even still, some individuals have been found in possession of illegal pornographic material that they did not know was there. Situations where someone purchases a used computer, for instance with a hard drive that had not been wiped.
• Transmission defenses: There are some situations where people accused of the distribution of child pornography are, in fact, innocent or have been involved in distribution without their consent or knowledge. Situations like this usually involve a third-party using an individual to unknowingly transmit material online. While unlikely, there have been situations in which the accused have unknowingly shared pornographic material of this nature. In cases like this, images were encoded within a program or download and were then sent as viral attachments that were then opened by a third-party source. Our child pornography defense attorneys also know that extenuating circumstances deserve to be considered when applicable.
• Production defenses: While it is even more rare to be accidentally or unknowingly be involved in the production or manufacture of child pornography, it isn’t unheard of. With federal agents actively and aggressively pursuing potential perpetrators, innocent victims have been ensnared before. Here’s an example: An individual was hired to build digital graphics and web coding for a group that manufactured and promoted child pornography. Said individual had no idea that their graphics and source coding would be used for pornographic videos of any kind. The group of individuals who hired the designer was known to actively manufacture pornographic material that exploited minors. They were a part of a pornographic ring that was being watched actively by federal agents. When the ring was finally brought to justice, many people faced child pornography production charges, including the designer. Because this designer chose to hire an experienced sex crimes attorney, they were acquitted of most charges. Each criminal case is unique. That’s why having a highly skilled child pornography attorney in Tampa can be so critical to the outcome of your case.

When should I contact a child pornography attorney near me?

If you have been accused of a federal sex crime in Tampa, including the transmission, possession or production of child pornography, don’t wait. Reach an experienced child pornography lawyer near you at Joffe Law, P.A. Call us anytime at (813) 591-5558 or contact us another way. Our defense attorneys  have decades of experience protecting the constitutional rights and freedoms of our clients, and we stand ready to take on your case and help mount a powerful defense.

FAQs

What are the most common child pornography charges?

The most commonly prosecuted types of child pornography charges include possession, transmission and production. Because prosecutors aggressively charge defendants accused of these crimes, it’s critical to retain a child pornography attorney immediately after you’re charged, or even if you suspect you might be under investigation by state or federal authorities.

How much time am I facing for my possession charge?

In Florida, the crime of possession of child pornography carries a five-year prison sentence per count, with each image constituting one count. If you’re charged with possessing multiple images, the length of your sentence increases sharply.

Can I be charged if I didn’t know they were minors?

Absolutely. In Florida, ignorance of the law is not accepted as a defense in a criminal case involving sex crimes charges, including those involving child pornography.