Possession of Child Pornography in Orlando, FL

Possession of Child Pornography

What is Child Pornography?

Child pornography is a broad term that encompasses any content that depicts or is meant to depict a minor in a sexually explicit manner. Commonly, this involves a minor performing or otherwise engaging in sexual acts, including things like masturbation, simulated sex, or actual penetrative intercourse.

Content that depicts inappropriate touching can also be considered child pornography. Inappropriate touching includes contact with the clothed or unclothed buttocks, breasts, pubic area, or genitals.

The law does differentiate between child pornography and child erotica, the latter of which is content that consists of nude or semi-nude minors in sexually suggestive positions or engaging in sexually suggestive conduct. 

Sexually explicit material that has been altered to depict an identifiable minor also falls under the umbrella of child pornography. For example, a picture of an unclothed individual where the original actor was an adult, but the face has been altered to that of a child. 

What is a Minor?

Legally speaking, a minor is any person who is not old enough to be considered an adult by law. Federally, adulthood is reached at 18 years of age. 

In sex crimes against minors, state laws must also be taken into consideration, as some states define a separate “age of consent” in which someone who is legally a minor can still consent to sexual activity. The most common ages of consent are either 16 or 17 years of age. 

However, in Florida, there is not a separate age of consent, and minors in sex-related crimes are anyone under the age of 18. 

What Counts as Possession of Child Pornography?

Federal statute 18 U.S. C. 2252A categorizes the possession of child pornography as unlawful. This broad section covers a variety of acts related to any material constituting child pornography. Essentially, section 2252A declares that is it illegal to knowingly receive, possess, or sell sexually explicit content involving minors on United States soil.

Florida Statute 827.071 similarly declares that it is illegal for any person to knowingly control, possess, or intentionally view a photo, video, image, computer depiction, or any other presentation that they know includes sexual conduct by a child. 

Notably, however, the Florida Statute goes so far as to define each intentional viewing or possession of such content as a separate offense. Separate charges mean separate sentences and separate penalties. So, if one person possesses three pictures and two videos of material that constitutes child pornography, that individual could be charged five times for child pornography, each of which can carry its own fine, jail time, or other consequence. 

Florida Statute 827.071 further determines that convictions can be separated by the minors involved. If the child pornography depicts two minors, the defendant can be charged once per child. Again, each charge comes with its own sentencing and consequences. 

Possession of child pornography is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. With multiple charges, both the incarceration and monetary amount can multiply exponentially.

Defense Against Possession of Child Pornography

In Florida, the possession of child pornography is a third-degree felony. Because of this, it is vital to have an experienced defense attorney on your side. A defense attorney may be able to build one of these common defenses:

• Reasonable doubt: The defendant has reasonable cause to believe that the person or persons involved in the prohibited material is not a minor. If the defendant can convincingly prove that they did not intend to possess, distribute, sell, or otherwise transmit the prohibited content, they may have a case.
• Entrapment: The defendant may also seek to argue entrapment, a situation in which a federal law enforcement agent (or agents) coerced or otherwise manipulated them into receiving, transmitting, or otherwise viewing the content in question. 
• Insufficient evidence: In digital cases where the illicit content was transmitted or existed electronically, the defense may be able to argue insufficient evidence, as the defendant’s IP address could have been accessed by an outside party. 

How Can Hanlon Law Help?

If you’ve been accused of possession of child pornography in Orlando, Florida, it’s time to contact an experienced attorney. At Hanlon Lawn, we offer nearly two decades of experience in the defense business, all of which we will leverage to your advantage. We’ll ensure you understand the charges levied against you, what your options are, and help you build the best possible defense.

Contact us today.

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Practice Areas

Sex Offenses

Federal Sex Crimes

Florida Sex Crimes

• Sentencing for Florida Child Pornography Crimes
• Transmission of Child Pornography by an Electronic Device
• Possession of Child Pornography
• Using Minors in the Production of Prohibited Materials

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Violent Crimes