Transmission of Child Pornography by an Electronic Device

Transmission of Child Pornography Via an Electronic Device In Florida

Having or sharing any form of child pornography in your possession is very serious in Florida and the United States. Florida takes aggressive action against those who not only sell or manufacture illicit materials but also those who send them or receive them on a computer. Transmitting child pornography with an electronic device is a serious charge that will have life-altering consequences. When being investigated or arrested for child pornography charges, the most essential action is to contact an attorney immediately. 

The lawyers at Hanlon Law have valuable experience defending those in Orlando, Florida, accused of sex crimes. We mount compelling defenses to either dismiss or reduce the charges of all our clients. 

Transmission of Child Pornography 

Under Florida Statutes Chapter 847, child pornography is transmitted when a sexually illicit photo or video is sent from one electronic device to another by direct messages, email, file sharing, text, messaging applications, social media, and more. In order to be convicted of transmitting child pornography, the prosecution must prove the following: 

The defendant willfully and intentionally possessed images or videos displaying a nude child. 

The media found in the accused possession depicts a child engaging in sexual conduct. 

The defendant understood the media found in their possession included sexual conduct of a child. 

Consequences of Transmitting Child Pornography 

The transmission of child pornography is a third-degree felony, punishable by up to 5 years in prison and up to $5,000 fines. Under Florida law, each piece of child pornography is counted as a separate criminal charge. The prison sentences involving child pornography in Florida run concurrently. In other words, two illegal images of child pornography could mean up to 10 years in prison, not five. These separate charges can add up to a maximum of 500 years. 

Another possibility, if you have been accused of transmitting child pornography, is the prosecutor seeking “enhanced charges” against you. These enhanced charges apply in certain circumstances of the case against causing the prison sentence to be increased. For example, if the defendant is a police officer, the charges could be increased to a second-degree felony, punishable by up to 15 years in prison and up to $10,000 in fines. 

If child pornography is found on your computer, law enforcement assumes that you are involved in the transmission of child pornography because of the ease at which it can be sent anywhere in the world. 

How Law Enforcement Catches the Transmission of Child Pornography

Child pornography tends to get the attention of law enforcement by: 

Computer repair technicians reporting they found child pornography on a computer 

Undercover cops posing as minors and soliciting internet predators 

Monitoring of file-sharing sites for child pornography

When law enforcement has evidence that child pornography is on an electronic device, they must obtain a warrant for the individual and their device. This device will then be searched for any traces of pornographic material involving children. If child pornography is found, it is likely the owner of the computer or anyone who uses the computer will be charged with the transmission, distribution, and possession of child pornography. 

Defenses Against Child Pornography Charges 

After hiring a criminal defense attorney, creating a solid defensive strategy is the next step in combating your charges. A common defense to child pornography transmission charges is to argue that the individual depicted is not a minor. If the person is 18 or older, the image is no longer illegal, and neither is transmitting it. The defense must prove the person depicted in the video is an adult, and the charges should be dismissed. 

Many individuals facing charges involving the transmission of child pornography argue that they did not know to commit the act. Because of how frequently technology and the internet are used, it is possible to download images and understand what they depict. If the defendant immediately destroys or deletes those images after discovering what they are, this serves as a strong defense against their charges. However, proving that a defendant did not intentionally download the illegal imagery can be difficult and typically requires sophisticated computer forensics. Your attorney should be prepared to contact a computer forensics expert who can determine whether the person intentionally downloaded the images. 

There are also cases where the best defense is proving another individual downloaded the illegal images on your device without your consent or knowledge. In this case, the defendant would face charges for another person's criminal acts on their device. 

Another possible defense is that the law enforcement illegally searched the defendant's computer or home, and therefore the evidence they collected cannot be used in court. In other instances, defendants may be able to fight the charges by proving they used entrapment techniques against the person. If the defense can prove that law enforcement encouraged them to commit a crime they would not have otherwise committed, then your charges may be dismissed. 

Fighting Against Transmission of Child Pornography Charges

If you have been accused of transmitting child pornography, you must immediately contact a criminal defense lawyer to protect your future. The lawyers at Hanlon Law will mount the most robust possible defense in your favor. We have helpful knowledge of the prosecutors and courts in Orlando, Florida, which we use in formulating this defense. Our attorneys will bring in experts to investigate the case brought against you and look into the circumstances of your arrest to discover any errors made by the police.

If you are facing charges for transmitting child pornography in Orlando, Florida, contact the attorneys at Hanlon Law today to protect your future.

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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

Drug Charges

Violent Crimes