Child pornography-related crimes can result in multiple counts. In addition to charges for possession, distribution, production, or manufacture of child pornography, transmission charges may also apply when child porn is sent or viewed on an electronic device.
You might be surprised to learn that you are facing multiple counts of child porn charges. The laws in Florida that allow for multiple counts can be complex.
Charged With Multiple Counts of Child Porn in Florida?
In some states, multiple counts of child porn charges depend on how many different devices were involved. You can be charged for possession of child porn for each device. If you have a laptop and a printer, that’s two counts — one for each device.
Florida’s Child Porn Laws
Florida law is different. The court does not count individual devices but whether multiple images or videos exist on each device. Each video and image is its own separate and distinct crime. If you have multiple devices with images on them, you face multiple counts of child pornography.
For example, let’s say there were five different images of alleged child porn. One picture is on your laptop, but 500 photos are on your smartphone. You face one count for each of the images on both devices.
Transmitting Child Porn
Transmission of child pornography is a serious crime. Sexting is the act of sending sexually explicit videos or photos via electronic devices. Again, each sent or received image is one count of child porn charges.
Sentencing for Conviction on Multiple Counts of Child Porn
If you are found guilty on multiple counts of child porn, your entire life is destroyed. The penalties you’ll face can vary depending on the details of your case.
Transmitting Child Porn Penalty
The transmission of child porn is a third-degree felony under Florida law. If convicted, individuals could spend up to five years in prison and pay a maximum fine of $5,000.
Aggravated Possession Penalty
Aggravated possession of child porn is a second-degree felony, punishable by up to 15 years in prison and a maximum fine of $10,000.
In addition to fines and incarceration, you’re more than likely going to be required to register as a sex offender on the Florida sex offender registry. With penalties this severe, you can’t risk your defense being anything less than compelling.
How to Defend Yourself Against Child Porn Charges
Defending yourself against these accusations is critical to your future. You must be able to show the court that you did not commit these crimes. Facing multiple counts of child porn could ruin your reputation.
An experienced sex crimes lawyer employs several defensive strategies, including:
- Lack of intent
- Unintentional possession
- Adult depiction
- Mistake of fact
- Illegal search and seizure
- Lack of mental capacity
- Child erotica
- Transitory possession
These are only a few of the defense options that may work for you. It is also possible that your attorney may be able to work out a plea agreement if the evidence in your case determines this is the best option for you.
Contact a Child Pornography Lawyer in Sarasota
If you are facing multiple counts of child pornography, you need an experienced legal defense. Don’t risk your freedom. Get help from Erika Valcarcel, Criminal Defense Lawyer, P.A., today for help clearing your name. Get a free, no-risk case evaluation using our online contact form. Or call our office at 941-363-7900 to discuss your case.View All Blogs