Intentional possession, distribution, and production of material containing explicit depictions of minors engaged in sexual conduct is prosecuted harshly in Florida. No matter what specifically you were accused of doing, any type of child pornography charge will be classified as a felony under Florida state law. It may include a lengthy prison sentence, as well as mandatory sex offender registration as likely punishments upon conviction.
That said, you have the same rights under federal and state law after being accused of this offense as you do when facing any other kind of criminal allegation. That includes the right to retain a sex crimes defense attorney who has experience handling similar cases in the past. With a qualified Winter Park child pornography lawyer by your side, you could build a strong defense strategy and maximize your chances of getting a favorable case result.
According to Florida Statutes § 827.071, any image which depicts someone under 18 years old engaged in “sexual conduct” constitutes child pornography. This can refer to images which have been altered, modified, or created through electronic or mechanical means to portray an “identifiable minor” engaged in such conduct. In this context, “sexual conduct” includes not just actual and simulated sexual intercourse, but also “lewd exhibition of the genitals” and physical contact with someone’s clothed or unclothed private areas for sexual gratification.
Someone who knowingly possesses, controls, or intentionally views child pornography has committed a third-degree felony offense, punishable upon conviction by up to five years’ imprisonment and a $5,000 fine. Importantly, each individual image of child pornography constitutes a distinct criminal offense. For example, someone found with two illicit images might face two concurrent child pornography charges, meaning the maximum sanctions they could face would be 10 years of imprisonment and a $10,000 fine.
Furthermore, anyone who uses a minor in a sexual performance, knowingly allows their own child to participate in a sexual performance, produces or directs such a performance, or possesses child pornography with intent to promote or distribute it, has committed a second-degree felony offense. As a Winter Park child pornography attorney could explain, this means the maximum sanctions associated with a conviction for a single child pornography charge would be 15 years of imprisonment and a $10,000 fine.
It is worth emphasizing that child pornography possession offenses as defined under Florida state law require the perpetrator to have intentionally and knowingly possessed the material in question. It is sometimes possible to contest these charges by establishing that a defendant was earnestly unaware they had any images of child pornography in their possession at all, or that they came across such images unintentionally or otherwise did not establish intent to view this type of material.
In the same vein, someone who comes across child pornography and both promptly and properly reports it to state law enforcement cannot be prosecuted for child porn possession, as per Fla. Stat. § 847.0139. A defense lawyer could discuss these and other possible defense strategies for child pornography charges in Winter Park during a private consultation.
Child pornography charges can have devastating effects even if your case ends without a conviction, and there are significant penalties if you are found guilty in criminal court. You need support from a criminal defense law firm that knows how to enforce your rights while your case is ongoing and represent you in court during this challenging time.
Call us now and speak with a Winter Park child pornography lawyer. You do not have any time to waste in contesting these charges.
The Umansky Law Firm Criminal Defense & Injury Attorneys
