Federal Law and child pornography in Florida
There are many laws that govern how sex crimes are treated. Sex crimes are divided into different categories, ranging from sexual assaults, such as rape, to criminal offenses involving children, such as the possession of child pornography. Readers in Central Florida understand that the government protects the children’s well-being, and this is why crimes involving children often carry severe penalties.
A first time offender of child pornography can be sentenced to a minimum of 15 years of jail time and fines. If a person was arrested for transporting child porn in foreign or interstate commerce, that person may face fines and jailed for a minimum of 5 years. Repeat offenders may face even more severe penalties.
Images depicting child pornography are illegal under Federal Law. Section 2256 of Title 18 of the United States Code clearly defines child pornography as sexually explicit material of a child who is under 18 years of age. Computer generated images, videos and photographs of a minor are all considered child porn. Even electronically stored data, undeveloped videotape and undeveloped film that can be converted into an image of child porn are illegal under Federal Law. It is important to note that naked images of minors have to be sexually suggestive in order to be considered child porn. Anyone who is involved in the production and distribution of child porn will be prosecuted under Federal Law. Even recipients or those who have possession of child porn may face child pornography charges.
Due to the severity of a sex crime case, it is imperative for the person accused to explore all avenues that can yield a positive outcome. Seeking legal advice can help the accused to better understand the charges as well as the options in crafting a defense, which can be the key to a case dismissal or reduction of charges.
Source: Justice.gov, “Child exploitation & obscenity section,” accessed on Sept. 18, 2014