Both prosecutors in the state of Florida and Federal law enforcement officials fight vigorously in order to make sure that anyone who is suspected of or charged with a sex crime is prosecuted to the fullest extent of the law. When a sex offense involves a child, charges could be filed at the state level and even at the federal level. Being convicted of a federal sex crime carries a much heavier penalty, fines, and mandatory lifetime registration with the National Sex Offender Registry. Those convicted of possession of child pornography could also be facing mandatory prison terms of up to 20 years in prison for each offense. If convicted on a second offense involving child pornography, each case carries a penalty of up to 40 years in federal prison.
Florida State Law Definition of Child Pornography
Florida Statute 847.001(3) defines the term “child pornography” to refer to any image, including an image contained on a web site or subsequently downloaded from the internet that depicts a minor child who is under the age of 18 years old and is shown to be engaged in sexual conduct of any kind.
Florida Statute 847.001(16) defines the term “sexual conduct” to mean:
- Deviate sexual intercourse
- Actual sexual intercourse
- Simulated sexual intercourse
- Sadomasochistic abuse
- Sexual bestiality
- Masturbation
Penalties for Possession of Child Pornography in Florida
The transmission, distribution, possession, and manufacturing of child pornography are considered third degree felonies under Florida Statutes 847.0135, 847.0138 and 827.071. A third degree felony is punishable by up to five years in a Florida State Prison. It could also result in federal charges being brought against you, including any allegations of viewing or subsequently downloading any child pornography image to your computer.
Sharing a child pornography image with another person will likely increase the severity of the charges against you. Sharing an image defined as child pornography may increase your charges to a second degree felony. A second degree felony is punishable by up to 15 years in Florida State Prison. At this time, additional federal charges can be brought against you.
Promoting or producing child pornography carries the most severe penalties. This can be charged as a first degree felony, punishable up to 30 years in Florida State Prison for each charge. In Florida, this crime can carry a minimum prison sentence of 5-13 years.