Having any form of child pornography in your possession is a very serious crime within Florida and the United States as a whole. Computer generated child pornography makes it very easy for criminals and child sex offenders to transmit, and carry out the transmission of child pornography.
If you find yourself being questioned by law enforcement concerning child pornography, don’t unknowingly incriminate yourself
Florida Statute 847.0137 “Transmission of pornography by electronic device or equipment prohibited; penalties” involving illegal sexual activities are prosecuted and punished almost as harshly as murder.
How is Child Pornography Transmitted?
According to Florida Criminal Laws, child pornography is “transmitted” when an illicit photo or video is sent electronically from one electronic device to another electronic device. The methods of transmission include direct messages (DMs), email, peer-to-peer file-sharing program, text message, messaging applications, bulletin boards, chat rooms, social media, file-sharing applications, and much.
In many cases, transmitting child porn is accidental. A defendant was downloading some legal images but a large batch of pornographic files using a peer-to-peer file-sharing program. The user could get in serious trouble if the batch of pornographic images they downloaded contained child porn. If the user then makes the files publicly available online and other people download it the images, they could be charged with transmitting child pornography.
How Law Enforcement Catches the Transmission of Child Pornography
If child pornography is found, it is probable that the owner of the computer or anyone with use of the computer will be charged with the transmission, distribution, and possession of child pornography.
Child pornography generally gets the attention of law enforcement in a variety of ways:
- Notification of pornography on a computer by a repair technician
- Solicitation of internet predators by undercover cops posing as minors
- Monitoring of file-sharing sites such as Kazaa or LimeWire for child pornography
If evidence of child pornography is present, law enforcement obtains a warrant for the individual and their hard drive. The hard drive is then searched for traces of child pornography.
About Child Pornography Charges in Florida
Always remember that you are innocent until proven guilty. Prosecutors must prove every element of the crime beyond a reasonable doubt. There are three elements that the prosecutor must prove in a Florida transmitting child pornography case, which if show, could result in the defendant being convicted of felony “transmitting child pornography” in the third-degree.
- Defendant willfully and intentionally possessed images or videos displaying a nude child/minor.
- Digital media found in the defendant’s possession depicts a child engaging in sexual conduct.
- Defendant understood the media found in his or her possession included sexual conduct of a child/minor.
According to Florida’s Criminal Statutes, a child is defined as a person who is under the age of 18 years old.
The distribution or transmission of child pornography is explained under Florida Statute 827.071, “Sexual Performance By a Child.” The elements to prove these types of criminal cases are the following:
- The defendant directed, produced, advertised, or disbursed any visual depiction of sexual conduct of a minor.
- The accused understood what the visual representation of the minor child was and was still distributed.
Penalties for Transmitting Child Pornography to a Minor in Florida
According to Florida Statute § 847.0137, “Transmission of pornography by electronic device or equipment prohibited; penalties” it is illegal in the State of Florida to possess, distribute, and transmit child pornography. A basic criminal charge of “Transmitting Child Pornography” is a third-degree felony, which is punished with up to (5) five years in prison and as much as $5,000 in fines.
If you are convicted with transmission of pornography to a minor, you could face the following:
- Felony of the third degree charges
- Possible mandatory sex offender registration
- Up to $5,000 fine
- Up to 5 years in prison
If child pornography is on your computer, it is assumed that you are involved in the transmission of child pornography. This is simply because child pornography can be sent anywhere in the world with the click of a button.
Federal Child Pornography Laws, Charges, Penalties, and Defenses
Federal laws strictly prohibit the possession, distribution, selling, and production of any form of child pornography. The federal statute that details this criminal act is 18 U.S.C. Section 2252. Of course, facing charges is different from a conviction. 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.
Understanding Federal Child Pornography Laws
Federal law prohibits many activities related to child pornography, including engaging in any of the following:
- Distribution
- Sales
- Possession
- Production
- Receipt
- Search
- View
In fact, when it comes to viewing such images or searching for them, you can violate the law even if you later destroy those images.
Sentencing for Federal Child Pornography Crimes
Convictions for violations of federal child pornography laws can lead to lengthy prison terms. Anyone convicted of possessing these images might face up to ten years in prison. The sentence is even longer, (up to 20 years) if a child depicted in in an image is below the age of twelve.
In addition to prison terms, convicted offenders may face hefty fines, and courts may order them to pay restitution in cases where law enforcement identified the victim or victims.
Following a conviction for violating federal child pornography, an individual needs to register as a sex offender. Such registration is searchable and can lead to many complications for the rest of an individual’s life. Given the strict sentencing for this crime, anyone facing these charges must contact an experienced criminal defense attorney right away.
Similar Legal Offenses
Sexual exploitation of children is a similar charge but defined in a separate federal statute. This law is in 18 U.S.C. Section 2251. In both of these statutes, the definition of a minor includes any individual below the age of 18. When it comes to this statute, a person in the United States may face prosecution even when the exploitation took place in a foreign country. If an individual produced child pornography outside of the nation’s borders, prosecutors will need to demonstrate that the defendant planned to distribute those images within the United States.
This law also comes with strict sentencing terms. There is a minimum mandatory prison sentence of fifteen years for anyone a court convicts of sexual exploitation of children. The maximum prison term is 30 years. Many factors may influence the sentence a person will face when convicted of this crime. Some of those factors include the minors’ age, the type of images, the number of images or videos, and previous criminal charges or convictions on the defendant’s record.
Defending Against Child Pornography Charges
There are many possible defenses to any of these criminal charges. However, creating a defense strategy in these cases can be challenging, which is why it is important to hire a skilled criminal defense attorney.
One of the most common defenses to child pornography is to argue that the individual depicted is not a minor. If the person is 18 years old, then the image is no longer in violation of the law. Another potential defense is to assert that the images are not “sexually explicit.” Not every nude photograph or video is sexual in nature. It can be challenging to differentiate between those images that depict images of child pornography and those that qualify as erotica, which is legal.
Many individuals facing these charges may argue that they did not know they possessed those images. With technology and the internet, it is possible to download images without knowing what those images depict. Specifically, if a person immediately destroys or deletes those images after realizing what they are, this can serve as a defense against their criminal charges.
Proving that a defendant did not intentionally download illegal images might require sophisticated computer forensics. Your attorney should be prepared to contact an expert in computer forensics who can determine whether the person actively sought the images or downloaded them unintentionally and immediately attempted to delete them.
There are even cases where individuals are attempting to distribute this illegal content using an individual’s computer without that person’s knowledge. The victim, in this case, may face charges even though another person maliciously and illegally accessed their computer or network for the purpose of distributing these materials. Technology is increasingly a significant factor in these cases. Anyone facing charges related to child pornography must find an attorney who understands how to build a strong defense while working with sophisticated technology.
There are also scenarios where the government illegally searches the defendant’s computer or home, and therefore the evidence law enforcement collect cannot be used against that person. Other times, police will use entrapment techniques to gather incriminating evidence against a person. In some cases, defendants may be able to fight against charges where law enforcement encouraged that person to commit a crime they would not have committed if not for government prompting.