As it does with most other types of sex crimes, the state of Florida tends to prosecute people accused of child pornography extremely harshly. Possessing even one illicit image of it is treated as a felony punishable by multiple years of prison, with increasingly harsher sanctions for the possession of multiple images or for playing any role in the distribution, promotion, or production of it.
As serious as these charges are, it is still possible to fight back against them with assistance with a Polk County child pornography lawyer. At the Umansky Law Firm, our trained sex crime defense attorneys are dedicated to putting your rights first no matter the circumstances, and playing a vital role in obtaining the best possible resolution to your unique case.
According to Florida Statutes § 827.071, “child pornography” is any image depicting a real minor engaged in “sexual conduct” or which has been modified or created through “electronic, mechanical, or other means” to depict a minor engaged in sexual conduct. This refers to someone who was under the age of 18 at the time the image was created and who is recognizable as a specific person based on identifying characteristics or information.
It should be noted that “sexual conduct” covers not only penetrative sexual intercourse, but also oral sex, penetration by an object for sexual purposes, physical sexual contact, and display of intimate areas in a “lewd or lascivious manner.” As per the Florida Department of Law Enforcement, photos of minors who are partially or fully nude in non-sexual contexts may not be considered illegal child pornography.
The same section of state law listed above makes it a third-degree felony to knowingly possess, control, or intentionally view any image or collection of images containing child pornography. Anyone convicted of this offense could face up to five years’ imprisonment and a $5,000 fine, as well as mandatory lifetime registration as a sex offender with no opportunity to petition for removal at any point following conviction.
Notably, prosecutors can treat each individual image of child pornography found in someone’s possession as a separate offense for the purposes of sentencing upon conviction, so someone found guilty of child porn possession may face far greater sanctions than the usual maximums for a third-degree felony. More specifically, the penalties attached to each individual charge can stack. For example, someone found with 10 child porn images could theoretically face a maximum of 50 years in prison. Mitigating sanctions in a situation like this is something a Polk County child pornography attorney could assist with.
That same statute also addresses possession of child pornography with intent to distribute or promote it, promotion of a “sexual performance” by a child, and the use of a child in a “sexual performance.” All these offenses are considered second-degree felonies punishable by up to 15 years in prison and $10,000 in fines, and as with child pornography possession, the distribution or production of multiple child porn images may be treated as multiple second-degree felony offenses.
It is worth noting as well that police and prosecutors can treat possession of three or more copies of any single child pornography image as prima facie evidence of intent to distribute, meaning that the burden of proof shifts to you as the defendant to show that you did not intend to distribute that material, rather than the prosecutor having to prove that you did. This kind of situation is another one where assistance from a skilled child pornography defense lawyer in Polk County can be crucial to achieving a favorable case result.
If you have been arrested by the Polk County Police Department on suspicion of a child pornography offense, what you say and do in the next few months could have a massive impact on what the rest of your life looks like. Put simply, this is not a situation you want to try handling without a capable criminal defense attorney on your side, whether this is your first time facing criminal charges or not.
A Polk County child pornography lawyer from our team could discuss possible defense strategies and next steps with you during a confidential consultation. Call today to schedule yours.
The Umansky Law Firm Criminal Defense & Injury Attorneys
