Facing any kind of criminal charge is a serious matter. However, perhaps no situation is so severe as those where a conviction in court will have life-long consequences. Allegations of the possession or creation of child pornography fit into this category. It is illegal to merely possess this material. In addition, it violates Florida law for any person to create this material or take any step that assists in its creation or promotion. Prosecutors must prove that the defendant knowingly possessed illegal material or acted in a way with the intent to distribute the material.
A Winter Garden child pornography lawyer could help you present a robust defense in court against any type of child pornography charge. At the same time, a seasoned sex crime defense attorney could help protect your privacy while working to defeat the prosecutor’s charges and preserve your freedoms.
Child pornography is considered to be contraband, which means that no person may legally possess these items. This includes any type of photo, image, or video. According to Florida Statute § 827.071, the knowing possession of this material is a felony of this third degree, and a conviction can result in a prison sentence of up to five years and the payment of a fine of no more than $5,000.
Knowledge of the materials is an important concept in a child pornography case. A prosecutor must be able to prove that the defendant knew that they had possession of these materials. As a result, a valid defense is to argue that a defendant was an unwitting carrier of this contraband, which can often occur if a computer becomes infected with a virus or other form of malware. A Winter Garden child pornography attorney could provide more information about the concept of the possession of this material and could build potent defenses against charges related to this activity.
Just as it is illegal to possess contraband such as child pornography, it is also illegal to possess these items with the intent to distribute them into the community. According to Fla. Stat. § 827.071, it is a felony of the second degree for any person to knowingly hold three or more depictions of child pornography with the intent to distribute it. This can include bringing physical copies of images, as well as computer files, within a person’s possession.
Finally, the most serious allegations involving child pornography are those that allege the creation of the images through the exploitation of a child. Under the same statute, people who entice any person under the age of 18 to create an obscene sexual performance are committing a felony of the second degree with a 15-year maximum prison sentence. Similarly, any person who permits a child to participate in these activities while being that child’s parent or guardian is also held responsible. Regardless of the exact nature of the charges that a person faces, a Winter Garden child pornography lawyer is ready to help.
Few allegations of criminal conduct are as serious as those that involve supposed child pornography. Not only is it illegal to create or import this material, but it is also against the law to merely possess it. Prosecutors take these allegations extremely seriously and courts have a mandate under the law to impose required prison sentences.
A Winter Garden child pornography lawyer from the Umansky Law Firm could help you avoid this outcome. Our defense attorneys work with you to hear your side of the story and craft defenses that meet your specific needs. Call us now for a private consultation of your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
