Orlando Child Pornography Lawyer

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The laws in Orlando and the rest of Florida strictly punish all adults involved in the creation or consumption of child pornography. This includes those who have allegedly viewed the material, distributed it, or had a hand in creating it.

Even so, it can be difficult for a prosecutor to secure a conviction related to child pornography. They must be able to prove that a defendant knowingly viewed illegal material or was aware that a child was under the age of 18 at the time of the creation of the material. A trustworthy sex crimes attorney is available to help you with this difficult situation. Hiring an Orlando child pornography lawyer to handle your case could help you disprove these allegations and protect your freedom and reputation in the community.

While child pornography is illegal under both Florida and federal law, it is not uncommon to see local prosecutors shift these cases to federal court, where the penalties are harsher. Even a first-time offender with no criminal history can be sentenced to 10 years in prison with no opportunity for probation for possessing child porn images. Our experience as former prosecutors allow us to give you an honest evaluation of your case so that you will know your options from the start.

What is Child Pornography According to State Law?

Child pornography is considered illegal material and it helps to understand how the law defines this concept. According to Florida Statute § 827.071, the law does not use the label of “child pornography.” Instead, it uses the term “sexual conduct by a child” to describe this material. This material can take on many forms, including but not limited to:

  • Photos
  • Videos
  • Computer depictions
  • Data
  • Presentation

In addition, this material depicts a person under the age of 18 participating in sexual conduct. This includes not just sexual intercourse but also involves any depiction that has the intent of arousing the sexual desire of another person. Talking with an Orlando child pornography attorney could bring more clarification about how the law defines the concept of his illegal material.

Evidence of Underage Pornography

Police are known to track the distribution of child porn on the Internet. If someone’s computer (which can be identified by its IP address) accesses child porn on the internet or if someone reports seeing child porn on a person’s computer, police will obtain a search warrant and seize that computer. That computer will then be sent to the state crime lab to have the hard drive examined. Even if the computer owner deleted the child porn from the hard drive, those images can be recovered and used to charge them with a crime.

The Simple Possession of this Material is Against the Law

The most straightforward criminal charge related to child pornography is the alleged possession of it. Under section (5)(a) of the statute, it is illegal for any person to knowingly possess, control, or view sexual conduct by a child. The key concept here is the knowledge of the situation. An Orlando child pornography lawyer could argue that a defendant unwittingly stumbled across this material while online or that it was unknowingly downloaded by clicking a link. They could also bring evidence that the defendant thought that the person depicted was over the age of 18.

The simple possession of sexual conduct by a child is a serious matter. The law says that a court can sentence a guilty party to a felony of the third degree for this crime. This comes with a prison sentence of up to five years and a fine of up to $5,000.

The Alleged Production or Distribution of Sexually Explicit Materials

The harshest penalties for child pornography in Orlando relate to the supposed creation of this content. Section (2) of the statute makes it a felony of the second degree to induce a child to make this content. This can even apply to parents or guardians who consent for their child to be involved in this activity. This brings a maximum prison sentence of 15 years.

It is also a felony to possess this material with the intent to distribute it to others. Having at least three copies of an illegal item is sufficient to prove this intent and it is also a felony of the second degree under state law. No matter the exact nature of a person’s charges, they should contact an Orlando child pornography lawyer to properly construct their defense.

Contact an Orlando Child Pornography Attorney Immediately to Protect Yourself

The mere possession of a single item depicting an underage child is a felony in Orlando. However, prosecutors must prove that not only did a person possess this item, but also that they did so knowingly and with the knowledge that it depicted a person under the age of 18. Similarly, charges related to the distribution or creation of this material must also prove related concepts.

An Orlando child pornography lawyer works to create reasonable doubt concerning allegations related to this material. They fight by your side to hear your version of events, dispute the idea that you knew that material was illegal, and protect you from aggressive law enforcement and prosecutors. Reach out to one now.

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    Orlando Child Pornography Lawyer
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