What Are the Penalties for Possessing Child Pornography in Florida?

What Are the Child Pornography Laws of Florida?

There are strict laws in place relating to child pornography and sexual content involving minors. For example, while sexting between two consenting adults is no criminal offense, it will receive serious criminal charges if one of the parties does not consent or if one of the parties is under age 18. It is even possible for those under the age of 18 to be found guilty of the possession of child pornography or illegal sexting. Juveniles under the age of 18 can be accused of possessing child pornography if they possess or send a single image or video of another individual of the same age or younger on a phone, computer, or tablet.

Florida’s harsh penalties reflect a zero-tolerance policy approach toward the sexual exploitation of minors in the state. These criminal charges, which often result in felony convictions, have extreme legal consequences and long-lasting social and personal repercussions.

Examples of child pornography laws in the state of Florida include providing obscene material to a minor under the age of 18, transmission of material harmful to juveniles by electronic device or equipment, possession of or intentional viewing of material including sexual conduct by a child, possession with intention to promote material including sexual content involving a child, and transmission of child pornography by electronic device.

Regardless of your age, if you have been charged with a child pornography offense under state or federal law, you must contact an experienced criminal defense attorney for legal representation. Our law firm has years of experience representing clients in complex criminal defense cases, including those involving child pornography charges. To learn more about our legal services, please contact our law firm to schedule your free consultation today.

What is Considered Child Pornography in the State of Florida?

Under Florida Statute 847.001, the law defines what the state considers child pornography. This term can relate to any image or video that is downloaded from the internet or an image on a website that shows children under 18 years old in a sexually explicit manner. Sexual conduct and content may rise to the level of pornographic material depicting sexual intercourse, masturbation, abuse, bestiality, simulated sexual intercourse, and more.

The law also extends to images that were modified or edited to portray an identifiable minor in a sexually explicit manner.

Any image or video that shows a minor engaged in sexual conduct may be considered child porn. This extends to photographs, computer depictions, motion pictures and films, exhibitions and shows, and presentations.

Actual or simulated sexual intercourse is not required to meet the term of sexual conduct. Lewd exhibition of the genital region or physical contact with a person’s private parts can rise to the level of sexual conduct.

What is the Punishment for Possessing Child Pornography in FL?

Florida has harsh penalties for those convicted of child pornography charges.

Intentionally selling or transferring the custody of a minor child for the purpose of promoting or producing child pornographic material is classified as a first-degree felony and punishable by up to three decades in prison and fines of up to $10,000.

Possession of child pornography with the intent to promote that content is categorized as a second-degree felony, associated with severe penalties of up to 15 years in prison and fines of up to $10,000.

Distributing, transmitting, or possessing child pornography of any kind is considered a third-degree felony. This criminal offense comes with a potential sentence of up to five years in prison, five years probation, and a fine of up to $5,000.

The accused may expect to face an additional charge of child pornography for each illegal material depicting a minor in a sexually pornographic manner. For example, if law enforcement finds in your possession an image depicting two minors engaged in sexual conduct, you may face two charges. This could result in your five-year prison sentence being increased to 10 years.

Are There Federal Crimes That Penalize Possession of Child Porn?

In addition to state law, federal law establishes that possessing or distributing child pornography is illegal. The defendant may have their offenses prosecuted under state and/or federal laws when accused. Like many other federal crimes, these criminal offenses can result in even harsher penalties if they are punished at a federal level.

First-time offenders accused of distributing or transmitting child pornography may face a statutory minimum of five years in prison with a total of 20 years imprisonment. Possessing child pornography could receive a maximum sentence of up to 10 years for a first-time offense. These federal penalties can increase if the offender has prior sex offense convictions or prior child pornography charges.

Costly legal fines may also be imposed.

Will Those Convicted of Child Pornography Charges Have to Register as Sex Offenders?

If convicted of child pornography offenses, the defendant may also be required to register as a sex offender in his or her state. The convicted felon may also be required to register on the National Sex Offender Registry, potentially for the entirety of their remaining life.

Are There Additional Consequences to Be Aware Of?

In addition to the potential for registering as a sex offender, lengthy prison sentences, and hefty fines, defendants of child pornography charges may face additional consequences that may have life-altering repercussions.

If convicted, people could find new barriers imposed on their lives regarding future employment and educational pursuits. They may even lose a professional license. Child pornography convicts also stand a chance to be barred from working with children ever again, as well as barred from working with elderly individuals or other vulnerable populations. A convicted felon may also be prohibited from living in federally subsidized housing and may have difficulty acquiring private housing.

This all says nothing about how child pornography charges can also result in severe damage to an individual’s personal reputation. A harsh social stigma follows around these accusations.

Schedule a Free Case Evaluation with Our Experienced Legal Team

When facing the severe penalties associated with child pornography charges in the state of Florida, it is highly recommended that the accused seek professional legal counsel from experienced criminal defense lawyers as soon as possible. As your legal representatives, our attorneys will attempt to build a convincing criminal defense strategy to defend your name both in and out of court and see your charges dismissed or reduced if possible.

To learn more about our legal services, please contact our criminal defense team to schedule a free, confidential consultation today. You may reach our law office at 863-622-9602