Fort Pierce Child Pornography Defense Attorney
Ohle & Ohle zealously defends Internet crime cases
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. If you are accused of possession or distribution, you need to act fast and contact a Fort Pierce child pornography lawyer so that work on your defense can begin immediately.
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
Since July 1, 2026, possession of child pornography in Florida is a second-degree felony, punishable by up to 15 years in prison, and each image can be charged as a separate count. Promoting child pornography now carries a five-year mandatory minimum prison sentence. Using a child in a sexual performance carries a 15-year mandatory minimum, or 25 years if the child was younger than 12.
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. Under federal law, an image does not have to show a sex act to meet the criteria for this type of sex crime – a lascivious exhibition of a child’s genitals or pubic area can also qualify. Federal possession carries no mandatory minimum for a first offense and up to 10 years in prison, or 20 years if an image shows a child younger than 12. Receiving or distributing child pornography carries a five-year mandatory minimum and up to 20 years for a first offense. Producing child pornography carries 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. Michael Ohle will work tirelessly to prepare your defense and will do everything in his power to help you avoid a conviction.
(772) 460-9801