Orlando Child Pornography Laws

Child pornography laws protect children from exploitation in visual materials depicting sexual conduct. The possession, production, or distribution of child pornography is a crime in Florida. When someone makes prohibited materials, such as pornographic photos or films involving children, the state will target them with prosecution. Likewise, it is a crime to possess, control, or view child pornography, even if someone does this within the privacy of their own home. Although the goal of these laws is good, sometimes the Orlando Police Department or other entity goes overboard in arresting or charging. You may find yourself in that situation right now.

When you have been charged with possessing, producing, or distributing child pornography, contact our child pornography defense lawyer to develop a strong defense strategy. We understand that your reputation is at stake and you cannot afford to miss a step in your trial. To schedule a free and confidential consultation to learn about how your charges intersect with Orlando child pornography laws, call us now.

Child Pornography Laws in Florida

One of the most serious sex crimes is the possession, production, or distribution of child pornography. This criminal conduct could involve viewing, creating, or trading sexually explicit images or videos of children under the age of eighteen. Florida Statute 847.001(3) defines the term “child pornography” as any image, including on a website or downloaded from the internet,  that depicts a minor engaging in sexual conduct. The states has strict laws that prohibit child pornography:

  • It is illegal to possess or control any image showing a minor engaged in sexual conduct, including downloading child pornography from the internet.
  • It is illegal to distribute child pornography through any means, including sharing it online or via email.
  • It is illegal to create child pornography by filming or photographing minors engaged in sexual activity.

A violation of the state’s child pornography laws is a felony with significant penalties. Even simple possession carries a five year maximum prison sentence and $5,000 fine. Those who distribute or produce child pornography could face up to thirty years in prison.

The harsh penalties demonstrate how seriously federal, state, and even local Orlando prosecutors take sex crimes involving minors. However, innocent people can end up involved in a child pornography investigation. Our sex crime defense attorneys could review the circumstances of your alleged offense and potentially have the charges reduced or dismissed entirely based on evidence we uncover.

Federal Child Pornography Laws

Someone could be charged with child pornography crimes under state or federal law. Under 18 U.S.C. Section 2256(1) and (8), child pornography is defined as the visual depiction of a child under the age of eighteen years old engaged in sexually-explicit conduct.

The term “sexually explicit” does not mean the child must be engaged in sexual activity, it encompasses even a photo of a naked child if it is sufficiently sexually suggestive. Under federal child pornography laws, it is unlawful to trade, produce, distribute, or possess any type of child pornography. Federal jurisdiction with child pornography offense could arise when the image or video is transferred across state lines or when the image was created using equipment or materials that were moved across state lines.

There are some situations where a person may not be charged, such as when the images in question are for a specific and stated scientific or medical purpose. It is also possible you did not know you possessed such images, especially if they were downloaded to your computer by someone else or through malware. It is important to call us quickly so we can determine what actually occurred and make your case in court.

Contact Our Orlando Attorneys When You Are Charged With Violating Child Pornography Laws

We represent clients charged with a wide range of sex offenses, including the possession, production, and distribution of child pornography.

Florida has strict laws and harsh punishments for child pornography related offenses. An experienced criminal defense attorney can review the charges against you and recommend a defense strategy. In some instances, we may be able to negotiate to have charges reduced or dropped entirely. To discuss the potential penalties associated with breaking Orlando child pornography laws, call us or fill out a contact form.

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