Child pornography is an exploitation crime under federal and Florida law. The National Center for Missing and Exploited Children reports that it has received more than 36 million complaints in a given year, due in large part to internet use. While pornography portraying adults is generally protected speech under the First Amendment, under federal and Florida law, if minors younger than 18 are involved, the Orange County Sheriff’s Office or federal agents affiliated with the Internet Crimes Against Children (ICAC) Task Force can charge you with exploiting children. You will need the assistance of a trusted sex crimes attorney.
Even if a minor is 16 and the images were produced in one of the 31 states in which the age of consent to sexual activity is 16, you could still be charged under federal or Florida law, where the age of consent is 18. If you are arrested and charged with possessing, distributing, sharing, or creating images exploitive to minors, you need immediate help from a Dr. Phillips child pornography lawyer who can fight these felonies.
The U.S. Department of Justice (DOJ) renamed child pornography child sexual abuse material (CSAM) to hammer home the point that a criminal act is committed when minors are participating in sexually explicit photos or videos. The criminal acts include statutory rape, molestation, and assault. The images do not have to show minors engaging in sex. If the image is considered sexually suggestive, it can lead to CSAM charges.
Along with actual visual images, debates have peppered the appeals and Supreme Court about whether a child’s face superimposed on an adult’s body engaging in a sex act, or artificial intelligence (AI) images of children engaged in sex acts is protected speech. If the images are considered obscene, criminal charges can be brought, as well as for stored electronic images that can be printed or undeveloped film depicting child pornography. Our Dr. Phillips attorneys have vast experience defending these types of child pornography charges.
Federal law enforcement becomes involved in CSAM cases when images and videos are distributed across state lines, which widely occurs with internet access. Charges can vary depending on whether the accused produced, distributed, or received pornographic images of children, and the child’s age also factors into punishment after a conviction. Sentencing ranges from a minimum of 15 years in prison to the maximum life in prison with up to a $250,000 fine. Federal prosecutors have won convictions against residents in states that permit children younger than 18 to consent to sexual activity.
Florida takes possessing child pornography seriously and depending on the age of the child and the circumstances, punishment can range from third-degree felony to a second-or-first degree felony.
According to Florida Statutes § 775.082, third-degree felonies are punishable by up to five years imprisonment, up to five years’ probation, and a fine of no more than $5,000. Second-degree felonies are punishable by up to 15 years in prison and a fine of up to $10,000. First-degree felonies are punishable by up to 30 years in prison and a fine of up to $10,000, although life in prison is possible. Because the consequences of a conviction are so dire, contact a Dr. Phillips child pornography attorney at once to begin building a defense.
When charged with a felony involving child sexual abuse material, remember, a charge is not an automatic conviction. We provide competent representation, advocating for you by negotiating with the prosecutor with mitigating points, and building a credible defense if your case goes to trial. Some defenses to child pornography charges include:
Other defenses may be available depending on the details of the prosecutor’s charges. A Dr. Phillips attorney is committed to preparing and presenting an exemplary defense to exonerate you of CSAM charges or deliver the best possible outcome.
If you are arrested and charged by federal, state, or local law enforcement for possessing, sharing, creating, or even storing child pornography on your computer, there are many actions we can take to protect and defend you. Because your freedom is at stake, do not waste a moment before contacting us.
No matter what the prosecutor claims you did, you are entitled by the Constitution to explain your actions to your peers and present a defense with a skilled criminal lawyer representing you. An arrest is not a conviction, and a Dr. Phillips child pornography lawyer has had years of success defending clients just like you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
