Few other types of criminal offenses are viewed more harshly by both law enforcement authorities and the general public than those involving the possession, production, or distribution of explicit depictions of children. That said, anyone facing these charges still have all the same rights under federal and state law that any other criminal defendant does. You need to make sure you have a proper defense and that the prosecutors are not ignoring your rights.
Guidance from a Sanford child pornography lawyer will be essential to resolving charges in a favorable way. Your skilled sex crimes defense attorney helps your case by collecting exculpatory evidence, organizing it into a comprehensive defense strategy, and negotiating with court authorities and investigators on your behalf.
Under Florida Statutes § 827.071(5)(a), it is illegal for any person to “knowingly possess, control, or intentionally view” any visual depiction of child pornography” As defined in this same statute, “child pornography” is any photographic or videographic image depicting a person under 18 engaged in sexual conduct of any kind, or any computer-generated or otherwise modified image meant to portray an “identifiable minor” engaged in this conduct. A person is an identifiable minor if they can be identified as being under the age of 18 and as being a specific person.
This offense is considered a third-degree felony, which means even a first-time offender convicted of child porn possession could face maximum sanctions of five years in prison and/or a $5,000 fine. It should be emphasized that each distinct image of child pornography that a person is found to have in their possession constitutes a separate offense under this statute.
This means, for example, a person who is found with 10 individual images constituting child pornography (whether those images are completely separate from each other, meant to be viewed in sequence, or individual frames of a video) may be charged with 10 separate violations of FL Stat. § 827.071(5)(a). In this scenario, the maximum penalties they could face would be 50 years in prison and $50,000 in fines. Needless to say, representation from a Sanford child pornography defense attorney is incredibly important to mitigating the penalties that may come from a conviction.
FL Stat. § 827.071 also addresses all the following offenses related to child pornography and defines all of them as second-degree felonies:
As a child pornography lawyer in Sanford could affirm, these offenses can carry maximum penalties upon conviction of 15 years’ imprisonment and $10,000 in fines.
Child pornography offenses are prosecuted and punished especially harshly in the Sunshine State. Without qualified legal counsel on your side throughout your case, you may find it difficult to get the charges dismissed or reduced, or convince a jury to find you innocent.
A Sanford child pornography lawyer could discuss your options during a private initial consultation. Schedule yours by calling The Umansky Law Firm Criminal Defense & Injury Attorneys.
The Umansky Law Firm Criminal Defense & Injury Attorneys