Possession of Child Pornography
Florida Law defines Child pornography as any image, photo, magazine, video or computer file depicting a child under the age of 18 who is engaged in sexual conduct. Sexual conduct is broadly defined and includes sexual intercourse, masturbation, exposition of the genitals in a sexually suggestive manner, simulated sexual conduct, and rape.
It’s illegal to possess, distribute, transmit, and manufacture any item of child pornography. These are felony offenses, and they can include substantial jail time. It’s important to note that “child erotica” is different from child pornography. While certain images of children may include nudity, those photographs or images may not meet the requirement of “sexual conduct” under Florida law.
It is important to note that having only one photo on your computer that is deemed child pornography is a violation of the law. also photos images or videos that have been deleted from your computer may be recovered and used against you in a criminal case. Possession, distribution, transmit or manufacturing child pornography is a serious felony offense in Florida and possibly in our Federal Court System. If you have been accused in State or Federal Court of a crime related to child pornography, don’t delay contact Anthony Rickman for a free consultation.
Convictions on charges of possession of child pornography when you are in possession of less than 10 images is a third degree felony which is punishable up to 5 years in prison as well as fines not exceeding $5,000. If you are convicted of having more than 10 images you could be charged with a second degree felony with possible sentence of up to 15 years in prison with fines of up to $10,000. Any person convicted of child pornography or related sex crimes charge like child molestation or statutory rape must also register in the Florida Sex Offender Database.
Child pornography charges may also be prosecuted in Federal Court. Federal law prohibits the production, distribution, reception, and possession of child pornography. It applies whenever child pornography occurs in interstate commerce. This includes the following: using the U.S. mail, internet or CD’s/Videos that cross state lines to transmit, receive, possess or produce child pornography. In the Federal system a first time offender charged with transmission of child pornography faces a minimum mandatory sentence of 5 years in prison. A person convicted of production of child pornography faces a mandatory fifteen years in prison.
Child pornography cases are complex, and you need an experienced and skilled attorney to represent you and fight the Governments accusations. There are several defenses a person may have when accused of possession of child pornography. These defensives include attacking if the image is pornography, attacking the unlawful search of your home or computer, determining if you were entrapped by the police, and attacking if it was you who actually possessed or viewed the images. If you have been arrested accused or investigated for an accusation off possession of child pornography. Don’t Delay contact Anthony Rickman at The Rickman Law Firm.