Child pornography is a serious offense in the state of Florida and under U.S. federal law, and the punishments for this crime vary depending on the level of involvement. The exact circumstances of your situation will also determine if you are charged with a state or federal crime, the latter of which carries the harshest penalties. If you are accused of possession or distribution, you need to act fast and contact a Fort Pierce child pornography lawyer so that we can get to work immediately begin to prepare your defense.

Laws in Florida

Lawmakers in Florida take a tough stance on any level of involvement with child pornography. State laws cover both computer pornography and sexual performances, photos and videos that are not on the Internet:

  • It consists of any image that depicts a child under the age of 18 who is engaged in sexual conduct, which is defined as any actual or simulated sex act or physical touching of another person’s genitals, buttocks or breasts, whether clothed or unclothed.
  • Statute 847.0135 refers to computer pornography and makes it illegal to compile, transmit, buy, sell, receive, print, publish or disseminate pornography depicting minors.
  • Statute 827.071 refers to pornography outside of the Internet and prohibits using children in a sexual performance, promoting child sexual performances and possessing or promoting any images or videos that depict sexual conduct by a minor.

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Federal and state penalties

In most cases, possession of child pornography in Florida is a third-degree felony, which carries a maximum prison term of five years. Making or promoting it, however, is a second-degree felony, and you can expect a prison sentence of up to 15 years.

Because child pornography is not covered under your First Amendment rights, you may also face federal charges. This is especially true if the images or videos were transmitted over the Internet or distributed across state borders or to another country. Furthermore, federal law dictates that the images do not have to depict any type of sexual activity to meet the criteria for this type of sex crime — they merely have to be sexually suggestive. Under federal law, first-time offenders face a prison term of 15 to 30 years.

Contact a defense attorney ASAP

If you are accused of possessing or distributing this type of material, do not speak to anyone until you contact a Fort Pierce child pornography defense attorney. Your dedicated team of lawyers at Ohle & Ohle will work tirelessly to prepare your defense, and we will do everything in our power to help you avoid a conviction.

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It depends on the defendant’s unique situation. For example, possession of one or more images depicting child pornography typically is handled at the state level. However; if it can be proven that someone sent or received such an image across state lines, the charges likely will be federal.
Penalties vary by the nature of the sex crime. For example, possession of child pornography typically carries a 5-year prison sentence. However, manufacturing or producing of such materials carry 15-year prison terms per count – and that’s for first-time offenders. Repeat offenders could face much steeper sentences.
Don’t wait! Even if you suspect you’re under investigation, take advantage of your criminal defense attorney’s free consultation. Doing so could help you prevent costly, common mistakes that are often made during or an arrest.
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