Child pornography charges are serious, and a conviction can come with a significant impact on a person’s life. As with all criminal charges, the burden of proof is on the prosecution. This means the prosecution must prove the defendant committed the crime, rather than the defendant proving they did not. When defending child pornography charges in Florida, experienced federal child pornography defense attorneys focus on covering what the state is required to prove in the course of prosecution.
What Constitutes Child Pornography Charges in Florida?
Child sexual abuse is a significant problem in the United States, with as many as 1 in 12 children being subject to online abuse or exploitation. Criminal charges related to child pornography vary from simply viewing explicit material to producing and distributing it. Florida Statutes Section 827.071 outlines definitions of child pornography charges. They are as follows:
- Possession and viewing: Knowingly possessing or viewing explicit material involving children is a third-degree felony. This also applies to possessing, viewing, or creating computer-generated images or videos depicting children in sexual situations.
- Employing a child in a sexual performance: It is a second-degree felony to knowingly employ, hire, or solicit a child’s participation in a sexual performance.
- Promoting child pornography: The distribution or promotion of explicit material involving a child is also a second-degree felony.
- Possession with intent to promote: If a person has three or more copies of an explicit photo, video, or other form of explicit material, they can be charged with intent to promote the material, which is a second-degree felony as well.
What Does the Prosecution Have to Prove in a Child Pornography Case?
In criminal proceedings, the responsibility lies with the prosecution to prove that the defendant committed the crime in question. The effects of conviction on a person’s life can be incalculable.
Aside from the possibility of prison time, people convicted of child pornography charges can be punished with significant fines and court supervision. They are often required to register as sex offenders, impacting where they can live and work.
Because the stakes are so high, prosecutors must show the defendant’s guilt beyond a reasonable doubt. To secure a conviction for a child pornography case, the prosecuting attorney must demonstrate that the following conditions are true.
The Material in Question Depicts a Minor
In order to convict someone of child pornography-related crimes, the prosecution must prove that the person or people in the material were actually minors at the time the material was produced. This can be difficult to do, as some adults may look like children to a reasonable person.
This can also be more difficult to prove when the material in question is computer-generated. Florida Statutes Chapter 827.072 defines computer-generated child pornography.
The Material is Sexual in Nature
Whether or not material is pornographic is usually immediately apparent. However, that is not always the case. Nudity is not in itself an automatic qualifier. The prosecution must prove that the material was designed to be a sexual performance or to elicit sexual gratification. Florida Statutes Chapter 827.071 provides a more detailed definition of sexual conduct.
The Defendant Intentionally Viewed the Material
The final basic condition that the prosecution must prove is that the defendant intentionally created, viewed, possessed, or distributed the material knowing that it depicted a minor. Because the issue at hand is the defendant’s intentions, this point can be particularly difficult to prove in court. However, with the first two conditions established, demonstrating that the defendant’s interaction with the material was intentional can become a little easier.
According to Florida Statutes Section 827.071, which is the general legislation concerning child pornography charges, establishing intentional viewing requires more than just one instance. To say in court that someone was intentionally viewing or possessing child pornography, there must be evidence of more than one photo, video, or other mode of material being downloaded, viewed, or stored.
FAQs About Defending Child Pornography Charges in Florida
When Should I Contact a Lawyer to Defend Against Child Pornography Charges in Florida?
You should hire a child pornography lawyer as soon as you can if you think you may be under investigation for child pornography-related charges in Florida. Your attorney can begin gathering information about your case, speak to law enforcement on your behalf, and help you understand your legal situation, all before charges are even filed. The sooner you speak with an attorney, the more options you have to address the charges.
Can I Be Charged at the Federal and State Level for Child Pornography?
Yes, you can be charged at both the federal and state levels for child pornography-related offenses. Federal charges are more likely if the material was viewed, downloaded, or transmitted via the internet or if the amount of material in question is particularly large. Child pornography crimes are federal offenses if they cross state lines, including through digital transmission.
How Much Does a Child Pornography Defense Lawyer Cost in Florida?
The cost to hire a child pornography defense lawyer in Florida can vary based on how complex your case is and individual attorneys’ fee structures. However, you can begin using the services of most attorneys by paying a retainer fee. This is a lump sum that allows the attorney to begin working on your case. The lawyer’s actual working hours are billed against this initial payment.
Is There a Mandatory Prison Sentence for Child Pornography Possession in Florida?
No, there is no mandatory prison sentence for child pornography possession in Florida. Simple possession is considered a third-degree felony, so it is punishable by both prison time and a fine, but the state does not impose a minimum penalty, so the sentence is at the discretion of the judge. Repeat offenders may incur mandatory jail sentences.
Hire a Child Pornography Lawyer
If you think you may be facing child pornography-related charges in Florida, it is imperative that you hire an attorney as soon as possible. Your lawyer can help you understand your legal situation, communicate with law enforcement on your behalf, and begin gathering evidence to defend you in court. Contact the Law Offices of Barry M. Wax to discuss your case in more detail.
