Child pornography is a primary focus of state and federal law enforcement agencies. Sometimes innocent people get caught up in the large net that is cast while attempting to catch people who produce and distribute these materials. If convicted of a crime related to child pornography, penalties include a lengthy prison sentence and registration as a sexual predator upon release.
If you believe law enforcement is investigating you on charges related to sexualized images of children or if you have been arrested, contact a Lake Mary child pornography lawyer immediately. A knowledgeable sex crimes attorney from the Umansky Law Firm could offer aggressive, effective representation to pursue the best possible legal outcome.
Florida Statutes § 775.0847 define child pornography as depicting someone under 18 engaged in sexual activity or conduct. The law can apply to simulated conduct and the vulgar display of a child’s private parts, even if they are not engaged in any overtly sexual activity in the image. This is illegal, regardless of the medium they are preserved on.
Manufacturing, possessing, trading, selling, or distributing such portrayals are all felonies in Florida. Possession of one image could lead to a sentence of up to three years in prison. The prosecutor has the discretion to charge each image as a separate crime, and upon conviction, a judge has the discretion to impose consecutive sentences for each offense.
Federal authorities could assign child pornography charges if an individual is alleged to have sent or received an image using the United States Postal Service, a shipper who engages in interstate transport, or the internet. Federal penalties on these charges are harsher than the state penalties—a person convicted of possessing child pornography in federal court could face up to 15 years in prison. A diligent attorney could go over the specific penalties for an individual being accused of obtaining or distributing child pornography in Lake Mary.
Defending child pornography charges can present unique challenges. Although jurors must agree to give defendants the presumption of innocence, many could find it challenging to do so if they see images of children in sexualized situations. Prosecutors are aware that many people have extreme reactions to these images and might exploit the jurors’ prejudices. However, a skilled Lake Mary child pornography attorney could combat this by painting the defendant in the most sympathetic light possible. In some situations, going to trial might be avoided by exposing problems in the prosecution’s case early.
Cases alleging possession of child pornography often begin when the police execute a search warrant and seize an individual’s computer and electronic devices. If this warrant has mistakes or inadequacies, it could be rendered ineffective, resulting in a motion to suppress any evidence the search produced.
Similarly, law enforcement monitors activity on file-sharing sites and platforms where people could exchange images of child sexual abuse. If an officer’s conduct on a site led someone to download an image they otherwise would not have, a defender might argue that law enforcement entrapped them.
Images are often attached to other computer files, and a person might download a picture without intending to do so. This defense is effective if it can be shown that the individual immediately tried to delete or erase the image.
An officer must inform a suspect who is under arrest that they can decline to answer questions and are entitled to legal representation. If the police question an arrestee before providing the Miranda warning, any statements the accused provided could not be used as evidence against them.
If the police have served you with a search warrant to look for illicit child paraphernalia, or if you have been arrested for charges related to sexualized images of a minor, call a Lake Mary child pornography lawyer immediately. The sooner you get an aggressive advocate on your side, the more likely it is that they could resolve the charges favorably.
The Umansky Law Firm Criminal Defense & Injury Attorneys
