Sex Crimes: Child Pornography Cases

DEFENSE FROM EXPERIENCED MIAMI SEX CRIMES LAWYERS Child pornography: the legal definition is any image that depicts a childunder 18 engaged in sexual conduct. There are state and federal laws whosesole intent is to prevent the exploitation of children. The laws specificallyprohibit creating, transmitting or even possessing visual material depictingsexual conduct of children. Pornographic images of children are not protectedby the First Amendment and are considered to be illegal contraband underthe federal law and laws of the State of Florida.

Florida has criminalized the production or promotion of child pornography,so anyone who intentionally does the following with child pornographymay be charged with a felony:

• selling or distributing
• lending or giving away
• transmitting
• possess or has custody

PROHIBITED ACTIVITIES IN FLORIDA LAW Florida law has prohibited the following activities when it enacted itschild pornography laws. It is illegal to direct, film, record, or producethe sexual performance of a child. The promotion of child pornographyby sharing, lending or giving away child pornography. A defendant canalso be charged with merely possessing child pornography even if the materialsare kept in the home.

• Each charge for viewing controlling or possessing child pornography isa third degree felony punishable up to 5 years in prison.
• Each charge for producing or promoting child pornography is a second degreefelony punishable up to 15 years in prison.

Under Florida law, each image or depiction will each be treated as a separatecount. Even if the defendant didn't know the child's age, theywill still be charged. Claiming that the individual did not know the minor'sage is not a valid defense.

FEDERAL CHILD PORNOGRAPHY LAWS

Like state law, federal laws prohibit the production, distribution, receptionand possession of child pornographic images. Visual depictions such asphotographs, videos, digital or computer generated images of sexuallyexplicit conduct of minors (under the age of 18) are illegal. Under thefederal sentencing guidelines, potential punishments can be increasedif the child is under the age of 12 or sadistic or masochistic conductis portrayed. Punishments can also be enhanced depending on the numberimages a defendant created or possessed.

Possession of child pornography charges are typically the result of a compilationof investigative organizations. In many cases, detectives utilize searchwarrants – which cannot be refused – to seize personal computers,laptops, or hard drives to discover what imagery is saved within. In anyincident during which your personal property has been seized by the police,you should always consult with a criminal defense attorney, especiallyone that can manage a sex crimes case. The prosecution in child pornographycases are often completely reliant on statements given to detectives immediatelyafter an arrest. If you use your Fifth Amendment rights and do not providethem with an incriminating statement, it could be impossible for themto prove who downloaded the illegal imagery, or even that you knew thearticle existed on your hard drive.

The following versions of child pornography crimes can all be tried infederal or state courts:

• Possession
• Downloading
• Distributing
• Producing
• Manufacturing
• Encourgaing

There are defenses to the child pornography charges. Knowledge of the presenceof pornographic material is an essential element in proving a child pornographycase. A lack of knowledge or mistakenly possessing child pornography isa viable defense. An overbearing investigation by law enforcement mayallow for an entrapment defense if a defendant had no predisposition toviolate child pornography laws. CALL US 24/7 FOR EXPERIENCED DEFENSE If you are under investigation for, or have been arrested and charged withpossession of child pornography of any type, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year,24 hours a day to speak with you regarding your situation. Allow us theopportunity to help protect your rights and defend you case and you willnot be disappointed. You can call our office at (305) 340-2197 or reachus by completing the form on our contact page or by sending an e-mail.