Call us now:
Possession of Child Pornography
If you have been charged with a child pornography, or are under investigation for a child pornography linked crime, it is important to contact an experienced attorney as quickly as possible. This is one of the most serious and life altering charges to be accused of in the State of Florida. Sometimes accusations of possession, manufacture, or distribution of child pornography are associated with other sex crime allegations, and many would be shocked to know that the possession of child pornography charges can end up being more serious and penalized more harshly than actual abuse of a child or sex with a minor. If you’ve been accused here in Florida you need help now.
Child pornography is one of the most serious offenses a person can face. Florida Statute 827.071 (5)(a) states that it is unlawful for a person to knowingly possess a photo, motion picture, exhibition, or other presentation that, in whole or in part, he/she knows to include any sexual conduct by a child. This unlawful act is a felony of the 3rd degree punishable with imprisonment of at least 5 years.
Child Pornography
Your First Line of Defense – Expert Sex Crimes Lawyer
From the possession of child pornography to the mere allegation of distributing, a defendant can face lengthy prison sentences, registration as a sex offender for life, and a tarnished reputation and career. Unlike many criminal defense attorney’s around the State, Matt Landsman is a board certified expert in criminal trial law who has actually litigated child pornography cases from beginning to end. That means from arrest, discovery, filing motions to suppress, hiring experts, deposing police and experts, and completing full jury trials on all manner of sex crimes including possession of child pornography. Having this experience is invaluable to know what to do and how to defend people charged with this most serious crime.
About Child Pornography Charges in Florida
To prove any crime in Florida it is the State’s burden to prove guilt beyond and to the exclusion of all reasonable doubt. To prove guilt, the State will have to prove the following elements to a jury beyond a reasonable doubt. (more specific language about elements can be found in the Florida Standard Jury Instructions).
There are three elements to a child pornography crime that, if present, may lead the person accused to be convicted of a third-degree felony:
According to Florida law, a child or child is defined as anyone under the age of 18 years old. So a common issue that comes up in cases of this nature is the knowledge of the accused with regards to knowing if the media possessed contains the imagery of a minor/child, meaning a person under the age of 18.
The transmission or distribution of child pornography falls under Florida Statute 827.071, Sexual performance by a child. The elements to validate these cases are the following:
Florida Child Pornography Lawyers Explain the Penalties You Face
In Florida, the possession, transmission and distribution of child pornography is a third-degree felony, punishable by up to five years in prison, five years of probation and a $5,000 fine. Sharing a child pornography image with someone else will most likely increase the severity of the charges against you. It could be defined as a second-degree felony, which is punishable by up to 15 years in prison. What’s important to know is that each image possessed can be an independent possession charge, and typically the number of images involved with these crimes is more than 1, therefore the penalties become magnified due tot he number of images located.
Possession of Four or More Images of Child Pornography
Under Florida’s Criminal Punishment Code, an individual charged with four or more counts of possessing child pornography would face a mandatory prison sentence of 12 months with an additional four months for every additional count. That’s because every felony in Florida is associated with a corresponding numerical value, and when these values are added up at the time of sentencing it can create a minimum sentence the Judge can be required to impose. There are exceptions to this concept which can be addressed by an expert legal advisor.
Aggravated Possession of Child Pornography
If a person possesses 10 or more image of child pornography, and at least one of the images is of a child younger than five years old, sadomasochistic abuse involving a child, sexual battery of a child, sexual bestiality involving a child, or a movie involving a child, the crime is considered aggravated possession of child pornography. This crime is a second-degree felony, punished by up to 15 years in prison, 15 years of probation and a $10,000 fine.
Sex Offender Designation
An individual who is convicted of possessing child pornography would be placed on sex offender probation and would also be designated as a sexual offender. A designated sex offender must comply with sexual offender registration laws in Florida and throughout the U.S. for the rest of their lives. The sex offender registration laws are extremely invasive and onerous, and result in a loss of employment, housing, and lifelong stigmatization.
Promoting or Producing Child Pornography
Promoting or producing child pornography can be charged as a first-degree felony, punishable by up to 30 years in prison for each charge.
Florida Child Pornography Defenses
An “Unintentional Possession” Defense
A person cannot be convicted of possessing child pornography unless prosecutors can show that he or she knowing possessed the illicit material. There are different ways this can be proven, but merely being in proximity to something isn’t sufficient to prove you possessed it. Also, prosecutors must prove the person depicted in the image was under the age of 18 at the time the image was captured. Make sure you know what the law is before believing what is told to you by a detective or a someone who has a motive of accusing you of the crime.
Defend Against Hearsay
The rule against hearsay generally bans one person from testifying in court about what another person, like a witness or victim, said outside of court, if it’s being used to prove a fact. In cases like this oftentimes hearsay is used to attack a suspect without verifying the content of the hearsay. Automated investigation methods and allegations that aren’t corroborated often lead to injustice and getting a lawyer who knows the rules of evidence can protect you from false assumptions.
Entrapment not allowed in Florida
Florida law enforcement officers frequently use confidential informants or undercover police officers to investigate possible criminal activity, for example posing as minors in chatrooms or secretly communicating with a suspect under a false identity. Entrapment includes situations where informants or undercover officers look to trade pornographic material through internet chatrooms and other online venues. How the deal is made or what is done to induce the actions of the defendant can be the difference between guilt and innocence.
Florida law bans entrapment, which generally occurs when an officer or informant tries to induce someone into committing a crime in situations where that person would not have otherwise engaged in the criminal offense.
Double Jeopardy
Typically, possession of child pornography has a maximum sentence of five years, but there are no minimum mandatory sentences. Every sex crimes case is unique and has facts and scenarios that may present different outcomes. Sometimes charges are duplicated and thus violate our protections of double jeopardy, which stop you from being charged twice for the same thing.
Statute of Limitations
State law requires prosecutors to charge a person suspected of a child pornography offense within three years of the date of the offense. The date of the offense may continue, however, if the person continues to possess the pornographic material in question. Different chaerges have different statutes of limitations, and having an attorney who is well versed in this defense is key.
When to Contact Florida Child Pornography Lawyers
If you are contacted by authorities, taken into custody, or if a warrant has been issued to search your premises, it is imperative that you do not speak to law enforcement without an attorney present. CONTACT AN ATTORNEY IMMEDIATLEY – DO NOT WAIT UNTIL THE INTERVIEW BEGINS. Most sex crimes cases start with a law enforcement officer contacting the accused and setting up a voluntary interview.
More often than not people speak to the agents or officers without a lawyer, which can be a huge mistake. No matter how little time you think you have – you need an attorney right now if a charge like this is even in the realm of possible. If you are bing asked to speak to law enforcement or are being asked questions on this subject matter you need an attorney!
You need an experienced attorney to help you avoid maximum penalties and other life-shattering consequences, and you need someone who has experience in this rare and high stakes area of law.
Florida Child Pornography Lawyers Explains What to Expect
If you are accused or charged with possessing child pornography, a police investigation will typically take place. You should hire an attorney right when you find out about the accusations or charges, and they will help guide you on what steps to take. The police will typically contact you, come to your door, acquire a search warrant, and take all electronics and computer equipment, including cloud based drives.
Main Takeaways if You’re Faced with Child Pornography Charges
Don’t forget you have the right to defend yourself. You’ll need the help of an experienced criminal defense expert to help you protect your legal rights during interviews and court appearances.
Whether you are innocent or guilty of the crime of viewing, possessing, distributing or producing child pornography, it is important you seek out the services of an experienced and skilled attorney who specializes in this area. Additionally, you must inform your attorney of any information related to your care so that he can fully defend you.
Hire an Experienced Child Pornography Lawyer
Generally, the fees you pay will be based on the attorney’s experience, reputation, and track record of success. If you are facing the power of the State, especially for allegedly committing one of the most heinous crimes society has targeted. In that case, you need a knowledgeable child pornography lawyer in Gainesville to advise you, advocate on your behalf, protect your rights, and fight for the best outcome.
Matt Landsman is Board Certified in Criminal Trial Law by the Florida Bar since 2016. Board certification is the highest level of evaluation and accreditation for lawyers by the Florida Bar and represents competency and experience within an area of law, as well as professionalism and ethics in practice. criminal defense attorney. Gainesville Child Pornography Lawyer Matt Landsman has the experience you need to help you or your loved ones through Child Pornography and related sex crimes related difficulties with expert advice for your sex crime defense in Gainesville and North Florida.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.
