Federal and Florida laws addressing child pornography are comprehensive and strict. When illegal images and videos are sent through the internet or by U.S. mail, a federal crime can be charged. There is significant punishment for possession of child pornography in this state, requiring the help of a skilled sex crimes attorney.
If you are arrested and face charges for a child exploitation crime, the stress you are under is brutal because the laws fluctuate. Some visual images have been decriminalized and then criminalized again, and the U.S. Supreme Court has ruled that child pornography is not protected speech under the First Amendment. It is a serious felony, and you will need help from a Belle Isle child pornography lawyer.
Child pornography is any visual depiction of sexually explicit conduct portraying a minor. Both federally and under Florida law, a minor is someone younger than 18 years old. Visual depictions include photographs, videos, and computer-generated images that look like an actual minor, even if the images are modified.
Undeveloped film or stored electronic data that can be printed and depicts child pornography are illegal. Appeals courts and the Supreme Court have opined on superimposing real children’s faces on the bodies of legal adults engaged in sexual acts. If the superimposed child’s face appears on an adult body engaged in sexual acts, it is not protected speech, but if the images are not considered obscene, it is protected speech.
If federal law enforcement arrests you for producing visual depictions of children younger than 18, but able to consent to sex in the state the images were produced, you will still be charged. For example, Georgia and 30 other states set the age of consent for sexual activity at 16, but sexual portrayal of a 16 or 17-year-old is illegal under federal law. Our Belle Isle child pornography attorneys understand the nuances of the laws and will work zealously to clear your name and put your future back in your hands.
Depending on what Florida law enforcement finds, your charges can be escalated to a more serious second- or first-degree felony. Escalation can occur if the images they find are of a prepubescent child rather than a 17-year-old. Circumstances can also matter. If you are an 18-year-old high school senior and your 17-year-old girlfriend sends you sexually explicit pictures, the prosecutor will consider those facts when deciding charges.
Third-degree felonies in Florida come with a maximum prison sentence of five years, up to five years of probation, and a fine of up to $5,000. However, there are long-term consequences you should consider if you are convicted of possessing child pornography. A conviction will impact:
Because these consequences are far-reaching, you want to enlist the help of a Belle Isle child pornography attorney to provide the best defense and representation possible.
Federal law delineates between producing, distributing, and receiving child pornography, and, like state law, considers the age of the child, also ratcheting up punishment when prepubescent children are involved. A federal conviction is punishable by up to life in prison and fines of up to $250,000.
For example, federal prosecutors have won cases in which pornographic images of children younger than 18 who are able to consent to sex in their state were tried. Convictions for the minimum sentence of 15 years in prison occurred even if the perpetrators did not intend to distribute the images.
If you are arrested on child pornography charges, you have a right to have an attorney present your defense. It is unconstitutional for the government to put you in a position risking your freedom without a skilled criminal attorney by your side.
We will explore every defense possible, like government misconduct such as entrapment, that the images are on a shared computer, or some other situation. Law enforcement officers also make mistakes. Please call us for a free consultation – a Belle Isle child pornography lawyer believes in second chances.
The Umansky Law Firm Criminal Defense & Injury Attorneys
