Are you facing Florida child porn charges? You are likely worried about jail time and the damage to your reputation. The entire process is disheartening. After all, not many people are willing to help someone accused of such a crime. Legitimate child pornography is viewed as morally reprehensible by most people.
However, innocent individuals are often falsely accused of possessing or producing child pornography. For example, a 17-year-old girl who sends her 18-year-old boyfriend a private sexual image could be prosecuted under Florida’s child pornography laws.
You deserve a tough defense lawyer to fight the stigma and potential consequences of child porn charges. Contact Sarasota child pornography lawyer Erika Valcarcel right away. As a former prosecutor, she knows what to expect from the other side. Attorney Valcarcel uses her background to craft the best possible defense.
Call (941) 363-7900 today to see if your charges can be reduced or dismissed.
How a Child Pornography Attorney Can Help
A Sarasota child porn lawyer knows how to fight Florida and federal charges. A child porn charge is a highly emotional event for you and your loved ones, and it may be challenging to think clearly about your next steps.
A sex crimes lawyer can:
- Investigate the validity and legality of the charges against you.
- Seek to have the charges reduced or dismissed.
- Arrange a plea deal to lesser charges.
- Customize a defense to raise reasonable doubt at trial.
You can help your defense by following her guidance, avoiding references to the case on social media, and keeping your distance from the alleged victim.
Florida Child Pornography Charges
Florida law defines child pornography as an image or video displaying a child under 18 engaging in sexual acts. The acts that qualify as sexual conduct include, but are not limited to:
- Actual or simulated sexual intercourse
- Bestiality
- Masturbation
- Sexual abuse
- Exposure of genitals
- Physical contact of sexual organs
Possession, distribution, or sharing of child porn images is illegal. Florida also punishes those who share or give away child pornography, even if the distributor did not view the photos.
You could face jail time, fines, and the loss of certain civil rights when convicted on child porn charges. Common criminal penalties for child pornography are:
- Viewing or Possessing Child Pornography – Felony in the third degree
- Producing or Promoting Child Pornography – Felony in the second degree
- Sexual Battery of a Child – Felony in the first degree
- Lewd or Lascivious Offenses – Felony in the second or third degree depending on the age of the victim
- Failure to Register as a Sex Offender – Felony in the third degree
Possession of Child Pornography
Florida child porn laws treat each image as a separate crime, so jail time for child porn can quickly increase. The law also considers how many times an individual views each pornographic image. For example, if you unknowingly open a file containing child porn and give it a brief look before deleting it, you likely would not be charged.
You could be charged with aggravated possession if the images contain:
- A child under the age of five
- Sexual battery involving a minor
- Sadomasochistic abuse of a minor
- Sexual bestiality involving a minor
- Any pornographic moving involving a minor regardless of length or audio
Distribution of Child Porn
Distributing child porn is illegal in Florida. However, child porn that crosses state lines becomes a federal charge. A child porn lawyer in Sarasota defends you against both state and federal charges.
Distribution of child porn is a federal offense if it was:
- Distributed using the internet, no matter where it originated or was delivered
- Mailed across state or international borders using the post office or another public service
- Physically distributed across state or international borders on a USB drive, photograph, video, or other tangible items
Manufacturing Child Porn
Manufacturing child porn is more than creating photos and films. Florida law prosecutes for child porn manufactured through:
- Drawings
- Designing
- Printing
- Publishing
- Copying
- Publishing
- Writing
You could be convicted of child porn charges on the state or federal level for making a photocopy of an image, even if you were not the creator.
Exposing a Minor to Pornography
Anyone who distributes, shares, loans, sells, or gives pornographic images to a minor could face felony charges. This includes selling pornographic material or buying the material to give to a minor.
Internet Sex Crimes
You could face federal charges when you use the internet to distribute child porn. There are other types of internet sex crimes involving children that carry harsh penalties:
- Sexual solicitation of a minor using chat rooms or social media
- Sending sexual images via direct or instant messaging
- Exploiting a child through sex trafficking or prostitution
Sexting
Florida child porn laws make it illegal for someone over 18 to text sexual images, otherwise known as “sexting.” In addition, sexting by and between minors is a crime in Florida.
Exploitation of a Child
The exploitation of a child is not always about money. Any act in which an adult uses authority, power, or another tactic to force a minor into sexual conduct is illegal.
Penalties for Child Porn Convictions
- Felony in the third degree: Up to five years in prison and a maximum fine of $5,000
- Felony in the second degree: Up to 15 years in prison and a maximum fine of $10,000
- Felony in the first degree: Life imprisonment and a maximum fine of $15,000
Sex Offender Registry
Anyone convicted of a child pornography crime must register as a sex offender, which can have life-long collateral effects.
As a registered child sex offender, you could lose the right to:
- Continue your education since many colleges and institutions of higher learning could bar you
- Live near schools, daycare centers, and other places where children gather
- Certain scholarships and federal loans
- Custody of your children
- Own a firearm
- Vote
- Serve on a jury
- Run for public office
- Hold specific professional licenses, such as nursing or teaching
Defenses Against Child Porn Charges
It may be possible to get your charges dismissed with the help of a child pornography attorney. Attorney Valcarcel carefully reviews the prosecution’s evidence to create an effective defense should your case go to trial.
Entrapment
One defense against a child pornography charge is claiming police entrapment. According to Florida law, being tricked into viewing child pornography by law enforcement can be used as a defense, as long as the individual would not have engaged in the crime otherwise.
False Accusations
It is also possible that someone you know is attempting to get you in trouble. False accusations commonly stem from arguments and domestic disputes.
Computer Viruses
Child porn images on your computer might come from malware, a hacker, or a download from others who have access.
Not Legally Child Porn
The images in question do not meet the legal definition of child pornography.
Unlawful Arrest
The arresting officer failed to inform you of your rights or did not have a search warrant.
It is unfair when false child porn charges are made against family members, friends, educators, and church officials. A Sarasota child pornography lawyer helps you fight back.
A Sarasota Child Porn Lawyer Can Help
Being accused of child pornography can devastate your life. From a destroyed career to altered relationships with loved ones, there is no area left unaffected. Erika Valcarcel, Criminal Defense Lawyer, P.A., works tirelessly to protect your rights and clear your name. She wants to hear your side of the story.
Get help with your case from a child porn lawyer. Call (941) 363-7900 now for a free and confidential consultation.