Child pornography offenses are taken seriously by law enforcement authorities in Florida, and even first-time offenders may face serious criminal sanctions upon conviction. In addition to these penalties, there will certainly be life-altering consequences in their personal and professional lives. That said, you still have important rights after being accused of this sensitive type of offense, and professional legal guidance is available to guide you through this difficult time.
Support from a Clermont child pornography lawyer could make a huge difference in your odds of securing the most favorable resolution possible for your case. Furthermore, if your case does not conclude with a conviction, a seasoned sex crime attorney could also help mitigate the social stigma that comes with such an accusation.
Child pornography is defined under Florida Statutes § 827.071 as any image depicting a minor engaged in sexual conduct, or any image created or modified to show an identifiable minor engaged in such conduct. The severity of the offense varies depending on exactly what a defendant allegedly did with the illicit material in question. Knowingly and intentionally possessing child pornography is a third-degree felony, which means a first-time offender could face up to five years imprisonment and/or a $5,000 fine upon conviction.
Conversely, the following acts are considered a second-degree felony:
The maximum applicable sentence for a first-time offender in these situations would be 15 years and the maximum fine would rise to $10,000.
Harsher sentences and certain additional penalties may apply for repeat offenders, and individuals convicted of any child porn offense will have mandatory sex offender registration imposed upon them for life. A Clermont child pornography attorney could clarify during a private meeting what sanctions may or may not apply in a particular scenario.
It is worth emphasizing that a person who possesses child pornography or promotes a child’s sexual performance in Florida without being aware of the depicted party’s age can still be charged with, and convicted of, a child pornography offense. However, it is sometimes possible to fight charges on the basis of entrapment. This can happen if the defendant can prove that they would not have intentionally possessed or promoted illicit material or activity if they had not been unlawfully coerced to do so by law enforcement.
Additionally, the Florida Department of Law Enforcement affirms that “child erotica”—defined on the Department’s website as photographs of partially or fully nude children engaged in behavior not meeting the criteria for sexual conduct—is not illegal under current state law. Child pornography charges based on the possession or promotion of such material may not stand up to legal scrutiny. A child pornography lawyer in Clermont could discuss specific defense options and possible strategies in detail during a confidential consultation.
Child pornography charges can result in life-altering repercussions even if they do not end with you being found guilty of any unlawful behavior in court. If you are convicted, the sanctions you might face could include years in prison, lifetime sex offender registration, and the loss of various civil and social privileges as a direct result of both.
Defending your rights and interests when facing these kinds of allegations could be much easier with representation from an experienced Clermont child pornography lawyer. Call our law firm today to get started.
The Umansky Law Firm Criminal Defense & Injury Attorneys
