Distribution or transmission of pornography is in violation of Florida and federal laws. Attorneys at MUSCA Law encourage anyone that has been questioned about this sex crime to immediately call to gain the benefit of sound legal advice from attorneys that are skilled in defending clients against sex crimes. If a minor is involved, the person found guilty of distribution or transmission of sexually explicit materials that feature minors under age 18 will face conviction on state and federal anti-pornography laws specific to underage children.
U.S. Code and Florida Statute Violations
Several sections of the U.S. Code apply to the issues of child pornography. In Florida and all states, child pornography is illegal. Any person that produces, distributes or transmits obscene materials showing sexual abuse of minors, sexual exploitation of children, or (Florida Statute 847.001(3)) images that depict a minor child in sexual conduct is violating those laws. Not knowing the true age of the child is no excuse, and persons that direct such visual representations may also be charged with sexual abuse of children, another illegal action.
18 U.S.C. 1466A details what constitutes obscene visual representations of the sexual abuse of children. Producing, distributing, receiving or possessing with intent to distribute materials of this type is illegal. This includes all types of visual representations such as cartoons, paintings, drawings or sculpture that feature minors performing sexually explicit acts. Illegal depictions feature same sex or opposite sex conduct, and may feature any sexual organ or type of sex act. Materials that have been altered to appear as though they feature children are also child pornography.
The general statute states the illegality of using mail or computers and the internet for acquiring, distributing or transmitting pornography. The fact that the material crosses state lines also brings it into the jurisdiction of federal courts. A child’s name is protected and cannot be used to procure or offer sex to others. These laws serve to protect vulnerable children under the age of consent. Persons that travel for the purpose of distribution of obscene materials are subject to arrest under these laws, as stated below:
- 18 U.S.C. 2251 – Sexual Exploitation of Children
- 18 U.S.C. 2252 – Material Involving the Sexual Exploitation of Minors
- 18 U.S.C. 2252A – Material Constituting or Containing Child Pornography
Florida Statutes 847.0135, 847.0138 and 827.071 detail distribution and transmission terms, include possession and manufacturing of child pornography as illegal, and they set the penalty for this Florida sex crime as a third degree felony.
Penalties for Florida Sex Crime Distribution/Transmission
For this extremely serious sex crime, the convicted person will spend mandatory minimum time in prison. They may also be required to attend sex offender treatment following their release. They may also be committed to a civil facility after serving their prison time. Their freedom to work, travel or live where they want will be restricted.
All sex offenders convicted of a felony sex crime must live life designated as a sexual offender. They must register in any state as a sex offender and their personal information, photography and residential location must be add to the National Sex Offender Registry, updated every three to six months for the rest of their life.
If the person accused of distribution/transmission is also found guilty of other sex crimes, they may face up to a lifetime in prison or the death penalty, if their victim dies from the commission of a sex crime.
Defense for Florida Sex Crimes
There are many ways to defend against sex crimes, including distribution/transmission. It is essential to immediately obtain the legal services of a Florida sex crimes attorney that is experienced with the complex details of sex crime cases. The skilled team of sex crime lawyers at MUSCA Law are exactly what you want if you are a suspect in an investigation for a sexual offense.
MUSCA attorneys are legal veterans with over 100 years combined experience fighting for clients that are implicated in sex crimes. It is to your advantage to obtain help from the MUSCA Law team the moment you become arrested or charged, or if you feel you may be the object of an investigation. Offices are located in Jacksonville, Orlando, Tampa and Miami; these highly respected sex crime lawyers serve clients nationwide. To get started with a free case review call MUSCA Law at (800) 687-2252, or use the website form to contact the team that will fight aggressively for your rights.
