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Sex Crimes: Child Pornography Cases

DEFENSE FROM EXPERIENCED MIAMI SEX CRIMES LAWYERS Child pornography: the legal definition is any image that depicts a child under 18 engaged in sexual conduct. There are state and federal laws whose sole intent is to prevent the exploitation of children. The laws specifically prohibit creating, transmitting or even possessing visual material depicting sexual conduct of children. Pornographic images of children are not protected by the First Amendment and are considered to be illegal contraband under the federal law and laws of the State of Florida.

Florida has criminalized the production or promotion of child pornography,so anyone who intentionally does the following with child pornography may be charged with a felony:
  • selling or distributing
  • lending or giving away
  • transmitting
  • possess or has custody
PROHIBITED ACTIVITIES IN FLORIDA LAW Florida law has prohibited the following activities when it enacted its child pornography laws. It is illegal to direct, film, record, or produce the sexual performance of a child. The promotion of child pornography by sharing, lending or giving away child pornography. A defendant can also be charged with merely possessing child pornography even if the materials are kept in the home.
  • Each charge for viewing controlling or possessing child pornography is a third degree felony punishable up to 5 years in prison.
  • Each charge for producing or promoting child pornography is a second degree felony punishable up to 15 years in prison.
Under Florida law, each image or depiction will each be treated as a separate count. Even if the defendant didn't know the child's age, they will still be charged. Claiming that the individual did not know the minor'sage is not a valid defense.

FEDERAL CHILD PORNOGRAPHY LAWS

Like state law, federal laws prohibit the production, distribution, reception and possession of child pornographic images. Visual depictions such as photographs, videos, digital or computer generated images of sexually explicit conduct of minors (under the age of 18) are illegal. Under the federal sentencing guidelines, potential punishments can be increased if the child is under the age of 12 or sadistic or masochistic conduct is portrayed. Punishments can also be enhanced depending on the number images a defendant created or possessed.

Possession of child pornography charges are typically the result of a compilation of investigative organizations. In many cases, detectives utilize search warrants – which cannot be refused – to seize personal computers,laptops, or hard drives to discover what imagery is saved within. In any incident during which your personal property has been seized by the police,you should always consult with a criminal defense attorney, especially one that can manage a sex crimes case. The prosecution in child pornography cases are often completely reliant on statements given to detectives immediately after an arrest. If you use your Fifth Amendment rights and do not provide them with an incriminating statement, it could be impossible for them to prove who downloaded the illegal imagery, or even that you knew the article existed on your hard drive.

The following versions of child pornography crimes can all be tried in federal or state courts:
  • Possession
  • Downloading
  • Distributing
  • Producing
  • Manufacturing
  • Encourgaing
There are defenses to the child pornography charges. Knowledge of the presence of pornographic material is an essential element in proving a child pornography case. A lack of knowledge or mistakenly possessing child pornography is a viable defense. An overbearing investigation by law enforcement may allow for an entrapment defense if a defendant had no predisposition to violate child pornography laws. CALL US 24/7 FOR EXPERIENCED DEFENSE If you are under investigation for, or have been arrested and charged with possession of child pornography of any type, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year,24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 396-3982 or reach us by completing the form on our contact page or by sending an e-mail.