Child Pornography Defense in Orlando, FL

Child Pornography

Child Pornography in Florida

In Florida, child pornography cases are extremely serious, with long-term repercussions that can negatively impact your life. If you have been charged with such an offense or are under investigation for a child pornography-related offense, it is vital that you retain legal counsel immediately. If you are convicted for charges involving child pornography, you face severe punishments, including imprisonment and fines. 

The lawyers at Hanlon Law have experience defending child pornography charges. We provide dedication and experience in mounting the best possible defense with our legal knowledge and invaluable insight into local courts and prosecutors. 

What Qualifies as Child Pornography Charges in Florida?

Under Florida law, child pornography is any image depicting a minor engaged in sexual conduct. Florida Statute 827 states that it is illegal to knowingly have, control, or view any form of child pornography. Also, under this statute, a person commits an additional crime with a harsher penalty when they possess child pornography intended to distribute, give, or publish depiction. 

Under the Florida law definition of child pornography, the following are considered illegal when depicting children less than 18 engaging in sexual conduct: 

• Pictures 
• Videos 
• Shows/performances 
• Data files 
• Live streaming videos 

In order to be convicted of child pornography charges, the state must prove beyond a reasonable doubt that the defendant had, made or distributed material depicting a minor engaging in sexual conduct. 

Sentencing for a Child Pornography Conviction in Florida 

Child pornography crimes are considered severe offenses in Florida, with penalties varying depending on the type of offense, including prison time, fines, probation, and having to register on the sex offenders registry. 

A conviction for possession of child pornography is a third-degree felony. If convicted, the defendant will face up to 5 years in prison and a maximum of $5,000 in fines for each piece of illegal material and minor that is depicted. If you are convicted for possessing one image containing two minors or two different pieces of unlawful materials, you will face up to 10 years in prison and up to a $10,000 fine. 

A conviction for manufacturing, promoting, or distributing child pornography is considered a second-degree felony, punishable by up to 15 years in prison and a maximum $10,000 fine.

Child pornography offenses have a statute of limitation of 3 years, meaning these cases must be prosecuted within three years after the crime was committed.

Federal Charges for a Child Pornography Conviction 

Possessing or distributing child pornography is illegal under federal law in addition to Florida state law. Therefore, child pornography offenses can be prosecuted under state law in addition to or instead of federal law. These offenses can result in harsher penalties if punished at a federal level. 

First-time offenders accused of distributing or transporting child pornography face a minimum of 5 years and up to 20 years in prison for federal charges. The penalties for child pornography conviction increase if the offender has prior sexual convictions. 

Defenses to Child Pornography Charges

Due to the sensitive nature of child pornography cases, prosecutors and law enforcement officials fight vigorously to ensure that anyone charged with child pornography charges is prosecuted to the fullest extent of the law. This prosecution requires a solid and aggressive defense in order to prove innocence. Here are the most common and successful defenses used to combat child pornography charges: 

• Lack of intent: An attorney might be able to prove that the accused did not intentionally view the materials and that they came across the material by accident.
• Lack of evidence: It is difficult to prove that the defendant intentionally engaged with pornographic material with a single image or video. If your case falls under these circumstances, your attorney may be able to prove that you did not have the intent to view or possess the material in question. 
• The material was not yours: In some instances, the accused may have found the pornographic material in their spam email. Your lawyer may be able to prove that you were not aware of the material’s existence and you came across it by accident. 

Other viable defenses for child pornography offenses could be more suitable. It is your attorney’s job to discover the best possible strategy for your case. 

Defending Your Future with Hanlon Law

A conviction of child pornography charges can lead to severe penalties, including jail time or fines. It is essential that you have a qualified attorney to manage your case and represent your best interests. The attorneys at Hanlon Law will work with forensic experts to examine every aspect of the case against you in order to uncover any inconsistencies in evidence or illegal practices by law enforcement officers. They will use any information found in their investigation to pressure the prosecution to reduce or dismiss your charges or prove your innocence in court. 

Contact the attorneys at Hanlon law to schedule a consultation to discuss your charges and hire an Orlando child pornography charges attorney.

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Practice Areas

Sex Offenses

• Child Molestation
• Child Pornography
• Indecent Exposure
• Internet Sex Crimes
• Lewd and Lascivious Sex Crimes
• Pre-filing of Sex Charges
• Prostitution
• Rape Defense
• Romeo and Juliet Law
• Sex Crimes Attorney and Minors
• Sexual Harassment
• Sexual Predator Law

Federal Sex Crimes

Florida Sex Crimes

Drug Charges

Violent Crimes