Florida Child Pornography Lawyer

Possession, creation, and promotion of child pornography are all severe criminal charges. Not only do they carry potentially lengthy prison sentences, they may even require you to register as a sex offender. In addition, these convictions will impact your ability to gain or keep a job, and they may even affect your personal life, including divorce and custody proceedings. 

While every person accused of a crime should consult a local defense attorney before speaking with the police, it is even more critical when the stakes are high. A Florida child pornography lawyer could help you protect your rights. 

Child Pornography Laws

According to Florida Statutes § 827.071, child pornography is any image of a minor engaged in sexual conduct and includes images altered by any means to portray an identifiable child involved in such conduct. In other words, under state laws, an altered image is considered child pornography even if no child was involved in actual or simulated sexual activity to create the image. That makes these laws stricter than the laws in some states. 

Child pornography is also known as images depicting a minor engaged in sexual conduct. Another term people may use—but that is not in the statute—is child sexual abuse material. Those charged with the creation of child pornography may also face child sexual abuse charges. 

Florida focuses on three crimes linked to images of minors engaged in sexual conduct—possession, promotion, and creation. Possession involves knowingly possessing or viewing the images. Promotion refers to sharing or distributing the images. Creation consists of any aspect of the creation of the images. A child pornography attorney in Florida could explain charges and their potential consequences in more detail during an initial consultation. 

Promotion Charges

As the state’s laws read, individuals can get a promotion charge without actually being involved in distributing the materials. This is because the state law infers that there is an intent to distribute if a defendant has three or more copies of the material. So, someone can get a promotion charge—which has much more severe consequences—without being involved in its distribution. 

While all child pornography charges are serious, promotion charges can take potential consequences to the next level. One of many things a proactive Florida child pornography attorney could do is examine the factual circumstances underlying any criminal charges to determine whether or not they show an actual intent to distribute.

Potential Defenses

The vast majority of child pornography charges are the result of stings designed to target and capture people. One of the major things about a sting operation is that it opens the possibility of an entrapment defense. However, the last thing a defendant wants to do is try to explain that to the police themselves. 

A defendant should comply with police instructions, be polite, ask for an attorney, and remain silent. The police are skilled interrogators, while a suspect can think they are answering harmless questions, they can accidentally be providing incriminating answers. Even details that seem harmless can look bad at trial. So, it is critical to speak to an experienced attorney before speaking with the police. 

In almost every case, the prosecution will use electronic evidence to establish their case. A diligent lawyer with experience handling child pornography cases in Florida could help employ forensic experts to challenge that evidence. 

When that is impossible, a lawyer’s best strategy may be demonstrating that the defendant is not a risk to the public. Mental health experts can assess the risk of future offenses. If that risk is low, a skilled attorney may be able to get a reduced charge, deferred adjudication, or probation for their client. 

Consult a Florida Child Pornography Attorney Now

Possession, promotion, and the creation of child pornography are probably the three most non-violent severe criminal offenses a person could face. While they do not carry the highest criminal penalties, the non-criminal consequences are life-altering in a way that many other criminal offenses are not. If you are facing these charges, you may feel helpless, depressed, and discouraged. 

A Florida child pornography lawyer can offer you hope. By reviewing your case material, they may be able to get you a favorable outcome. Even if you are a repeat offender, you may be able to successfully argue that a mental health condition is behind that behavior. Schedule your initial consultation with a well-practiced legal professional today.