No one should ever take any criminal charges lightly. If you are facing charges for selling or distributing child pornography, you will need an experienced defense attorney from Musca Law. Our legal professionals are ready to fight for you. Contact Musca Law to learn more about your legal options and how they can make a difference for you in your case. Our results and reviews speak for themselves.
According to Florida Statute 847.012, it is against the law to intentionally sell, rent, or loan the following items to a minor child (under 18 years of age) in exchange for money:
- Any photo, picture, drawing, movie, sculpture, or comparable visual representation depicting sexual conduct, nudity, abuse, sexual excitement, bestiality, or sexual battery, or is considered harmful to minors.
- Any pamphlet, book, magazine, sound recording, or printed matter that contains detailed and explicit narrative stories or verbal accounts of sexual conduct or excitement or conduct, which is harmful to minors.
However, Florida Statute 847.012 does not apply to the exhibition of performances, shows, or movies. These events are regulated under a separate criminal statute.
Important Florida Legal Definitions
In Florida, an individual accused of selling or distributing harmful materials to a minor can only be convicted if the prosecutor is able to demonstrate that the defendant acted intentionally committing the act. According to Florida law, a person has acted deliberately if they had some knowledge of or a cause to know that the items in question was harmful to minors, the nature of which warranted further examination of:
- The character of any of the aforementioned material.
- The content of any of the aforementioned material.
- The age of the minor child.
Florida prosecutors are also required to prove that the items in question were actually harmful to the child, which under Florida state law, means any description, reproduction, presentation, or exhibition that depicts sexual excitement, sexual conduct, or nudity, if it:
- Primarily appeals to a shameful or erotic interest.
- Is considered offensive to current criteria in the local community with regards to what is deemed suitable material for children.
- Perceived as a whole, is the material without serious artistic, political, literary, or scientific value for children.
Individuals who have been charged with distributing or selling pornographic materials to a minor are not permitted to raise defenses that are associated to the minor’s age, including:
- The defendant didn’t know the minor’s age.
- The child lied about their age.
- They legitimately thought that the child’s age was of at least 18 years old.
- The child consented to the distributing of the harmful materials.
Defendants convicted of Distributing Harmful Materials to a Minor face up to (5) five years in prison and a fine of up to $5,000 for each offense. Ever forbidden action or transaction is viewed as a separate criminal offense under this statute leading to a defendant being charged with multiple counts of selling or distributing harmful materials.
Using a Minor in the Production of Pornographic Material in Florida
It is unlawful in Florida to intentionally use a minor in the production of pornographic or harmful material involving sexual conduct.
Federal Laws Concerning Distributing Obscene or Harmful Materials to Minors
Federal law forbids using the Internet to distribute harmful or obscene or materials to minors. For example, 18 U.S.C. 2252B bans the use of misleading website domain names on the Internet when the individual is posting information had an intent to trick minors into viewing harmful materials. Defendants convicted of this offense face up to ten years in prison. Moreover, domain names that incorporate words that indicate the sexual nature of the site, including “sex” or “porn” are not deemed misleading.
Another federal law, discovered in 47 U.S.C. 223, makes it illegal to:
- Use any type of interactive computer service to send photos, videos, images or other obscene communications to a specific child who is under 18 years old.
- Use any type of interactive computer service to display in a manner available to minors, any image, or other communication that is regarded to be obscene.
This criminal offense is punishable by up to (2) two years in prison.
According to under 18 U.S.C. 1470, attempting to transfer or transferring obscene materials to a minor under the age of 16 years by using the U.S. mail or other means of interstate or foreign commerce is punishable by up to ten years in prison.
You must remember that you are innocent until proven guilty, even if it appears that the court does not share that assumption.
Prosecutors and judges often hold strong opinions regarding this crime, and you might find yourself fighting to receive fair treatment. The penalties for this crime are harsh and will follow convicted offenders throughout their lives. It is vital that anyone facing these charges contact an experienced criminal defense lawyer right away to discuss their legal options and ensure that the court upholds their legal rights.
Penalties for the Distribution of Child Pornography in Florida
The distribution or transmission of child pornography falls under a Florida statute which states that promoting a sexual act by a child is illegal.
Violations in such cases include the following:
- The accused person directed, produced, advertised or disbursed any image or video of a child engaged in a sex act that was subsequently viewed by other people.
- An image or video depicting sexual activity being performed by a minor (someone under 18)
- The accused knew that the pornographic image was that of a child was and distributed it regardless.