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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 of child pornography, 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.

Child pornography 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:

  • Child pornography 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 sexual 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 child pornography.
  • 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 child pornography, 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 child pornography—they merely have to be sexually suggestive. Under federal law, first-time offenders face a prison term of 15 to 30 years.

Contact a Fort Pierce defense attorney ASAP

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

Why Choose Ohle & Ohle?
“Michael Ohle is a wonderful attorney. He has compassion and passion for his work. He has the backbone to go toe-to-toe to defend you. He will not disappoint! DO NOT hesitate to hire his services!!!”
~ Randy Vidal Jr., Google Reviewer
Unlike many large, high-volume firms, we’ll treat you like an individual, and with compassion and understanding. Whether you’re facing criminal charges, going through a divorce or injured in an accident, what you need most right now is someone who will listen and provide you with the best possible representation throughout your unique case.
Several law firms from West Palm Beach claim to specialize in Treasure Coast cases, when in fact they don’t even have an office here. Leanne and Michael Ohle were born and raised in the Treasure Coast, and know the ins and outs of its legal system. We have offices in Fort Pierce and Stuart, and can come to you, depending on the situation.
The attorneys at Ohle & Ohle have proudly served Fort Pierce, Stuart, Port St. Lucie and the rest of the Treasure Coast for the past 48 years. We pride ourselves on our deep-rooted, strong ties to the community, which we believe gives us a clear advantage over our non-local competitors.
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