Child pornography possession is illegal in the state of Florida under Statute 847.001(3) that defines the crime as possession of any image depicting a minor engaged in sexual conduct. A minor is a child under the age of 18 under Florida Statute 847.001(8). This sex crime also violates federal child pornography laws. If you or a loved one is under suspicion of possessing child pornography in any form, you are violating the law and could be charged with a felony sex crime offense.
The type of pornography does not matter; it can be a video tape recording, photographs, drawings, cartoons of children performing sex acts, or images on a computer hard drive or disc. Even visiting a child pornography website is a serious sex crime. If your email account is hijacked and someone sends your child pornography or sends those images out to others from your account, you may be liable. If you accidentally come across child pornography on at website, do not download anything, make a note of it to report to authorities and leave that website.
Why is Child Pornography Possession Illegal?
The problem with possession of child pornography is that vulnerable children have been abused, exploited and otherwise use to provide sexual gratification to others. Whether you are showing materials that contain images of children in the act of sexual conduct to others or using that content for your own sexual satisfaction, it still is illegal in Florida and all other states.
There are situations – such as hacking – that can make an innocent person look guilty. If this happens to you or a loved one, do not overlook or forget about it. Contact a child pornography attorney with your information and any evidence you may have. Being convicted for child pornography possession is a third degree felony charge in Florida. (See Statutes 847.0135, 847.0138 and 827.071)
Penalties for Possession of Child Pornography
As a third degree felony, penalties for possession of child pornography warrant a prison term of 5 years for each photo found in the defendant’s possession. Duplicates are counted separately and prison time runs consecutively. If the prosecutors in Florida discover that the sexual material has a child under age five in sexual conduct, the sentence can be increased. Your freedom may be at stake if there is any suspicion that you are in possession of child pornography materials. A conviction will put your name, address and photograph on the National Sex Offender Registry, for life. It will affect your job, your ability to live where you want, and require you to maintain contact with authorities regularly to keep your information up-to-date.
Defense Strategies
The sex crime attorneys at MUSCA Law have many different strategies for fighting for your freedom from a conviction on this serious sex crime. With over 100 years experience representing sex crime clients, the MUSCA Law team has the resources, knowledge and aggressive approach needed to give clients the best defense.
Because your freedom is in jeopardy, this crime must be proven beyond a reasonable doubt for a conviction to hold. There are many defense strategies that the MUSCA Law team may use during your ordeal. Here are just a few:
- If a computer is shared with others, that could be a defense statement because you are not in total control of your computer
- Someone could have planted child pornography in your home, car or office space
- There may an applicable Statute of Limitations that has run out
- Witnesses may be discredited
- There may be DNA or forensic evidence to prove others handled the materials
Remember that you are presumed innocent until proven guilty. If the prosecution cannot prove your guilt, you cannot be convicted and found guilty of a child pornography sex crime. The sooner you call MUSCA Law for legal representation, the better off you will be in forming a winning defense strategy. Call the MUSCA Law attorneys in Miami, Orlando, Tampa or Jacksonville now; they are ready to talk with you about your case, no obligation, 24/7. Use the website contact form or call toll-free (800) 687-2252.
