Sentencing for Florida Child Pornography Crimes

Sentencing for Florida Child Pornography Crimes

The possession of child pornography is aggressively prosecuted in Florida. Simply possessing these materials, even without producing or transmitting them, comes with harsh consequences. Defending against child pornography charges requires a strong legal team. If you live in Orlando, Florida, and are facing these charges, the attorneys at Hanlon Law are here to provide a thorough defense and committed advocacy. 

Federal and State Laws Prohibiting Child Pornography

State and federal laws prohibit the possession and production of child pornography. The United States Department of Justice defines child pornography as any visual depiction of sexually explicit conduct involving someone under 18 years of age. This definition includes depictions of: 

• Sexual intercourse where the intimate areas of any person are exhibited 
• Graphic or simulated lascivious exhibition of the genitals or public area of any person 
• Simulated masturbation, sadistic or masochistic abuse, or simulated bestiality 

Federal statutes prohibit the distribution, production, and possession of pornographic images of a child. 

Florida Statutes Chapter 775 defines child pornography as: 

• Any image depicting a minor engaging in sexual conduct or 
• Any image that has been created altered adapted, or modified by electronic or other means to portray an identifiable minor engaging in sexual conduct

This imagery can include pictures, motion pictures, shows, data files, representations, exhibitions, computer depictions, or any other visual presentation. The imagery must contain some form of sexual conduct in order to be considered pornographic; including a depiction of the child’s intimate body parts, actual sexual activity, simulated sexual activity, or physical contact with a child’s clothed or unclothed intimate areas with the intent to arouse or satisfy either party’s sexual desire. Under Florida law, each image is considered a criminal count and treated separately. 

Federal and State Punishments for Child Pornography 

When a sex offense involves a child victim, the charges can be filed at the federal and state level without violating double jeopardy. At a federal level, potential penalties for charges of possession of child pornography include up to 40 years in federal prison for each count. The minimum sentence for federal charges involving child pornography is 20 years in prison. Costly fines may also be imposed for these charges.

Florida divides child pornography charges into different categories based on the sovereignty of the offense. Transmission, possession, manufacturing, and distribution of pornographic images of children are third-degree felonies in Florida. These offenses carry a maximum sentence of five years in state prison and a fine. Sharing child pornography with another is a second-degree felony, punishable by up to 15 years in state prison. Promoting or producing child pornography will be charged as a first-degree felony, carrying a maximum sentence of 30 years in state prison. 

Sex Offender Registration for Child Pornography Conviction 

Those convicted on a federal or state level for possession of child pornography must register as sex offenders. This registration may be for 15 to 25 years or a lifetime, dependent on the severity of the offense. Florida has two classifications regarding the sex offenders registry: sexual predators and sexual offenders. Being a registered sexual predator is considered the more serious of the two. Those convicted of luring or enticing a child, procuring a minor for prostitution, or certain lewd or lascivious offenses could be considered sexual predators. For those convicted of a first-degree felony sex crime or two or more second-degree felony sex crimes, lifetime registration on the sexual predator registry is required. 

For the sexual offenders and sexual predators registry, you must provide your name, date of birth, age, physical description, current photo, and address. Once you have been released from prison for a sexual offense requiring registration, you have 48 hours to register with your local sheriff’s office. Depending on the classification of the offense you have been convicted of, you may be required to report every three, six, or twelve months with the sheriff’s office where you are registered to have your picture taken. This picture will then be posted on the county’s sex offender registry with accessibility to the public. 

The accessibility of the sex offender registry can cause difficulties in the living environments of those on it. They may face harassment or rudeness from neighbors who have seen their registration. Being a registered sex offender also limits where you can live, such as communities in which they would be near a school, park, playground, or daycare center. In addition, the sex offender may not be able to hold specific jobs, such as those involving services to children or locations where children frequent. 

Potential Defenses to Child Pornography Charges

Facing child pornography charges is very daunting. The best thing you can do is enlist the help of an attorney to formulate a solid defense to combat these charges. Some potential defenses include: 

• Illegal search and seizure: Many child pornography cases depend on the search and seizure results of computers or mobile devices. Law enforcement must have a warrant before they can search or seize any devices from a suspect. Suppose a warrant was procured illegally, or there was not a warrant in confiscating materials. In that case, a criminal defense attorney may be able to challenge the legality of the search and seizure and have the charges dismissed. 
• Unknowingly in possession of materials: A conviction for possession of child pornography requires the prosecution to prove beyond a reasonable doubt that the defendant knowingly possessed child pornography. A person may unknowingly possess child pornography by a computer hack, another person viewing the imagery on their device, or accidentally clicking a link they did not mean to. 
• Adult depiction: Another possible defense is proving that the material was actually depicting a person over the age of 17 and not a minor at the time the images were created. 
• Substantial assistance: If the defendant can provide significant aid in identifying another person involved in child pornography, the prosecutor is authorized by statute to reduce or suspend the pending charges against the dependent. 
• Good faith destruction or reporting: For federal charges, a possible defense for charges involving the possession of three or few images of child pornography is that the defendant made a good faith effort to delete the imagery or report them to law enforcement. 

Contact Hanlon Law Today

The skilled Orlando child pornography defense lawyers at Hanlon Law are ready and able to assess the circumstances surrounding your arrest and act in your best interest. A conviction for these charges will dramatically impact your life, so you must take action immediately to protect your future. 

If you are facing charges involving child pornography in Orlando, Florida, contact the attorneys at Hanlon Law today.

Contact Us

Call Today

407.987.3836

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

Drug Charges

Violent Crimes