Having only one photo on your computer that is deemed child pornography is a violation of the law. Photos, images, or videos that have been deleted from your computer may be recovered and used against you in a criminal case. But what if you thought you were downloading legal depictions of a consenting adult over the age of 18 only to later discover that it was a minor?
This is more of a legal grey area. You must be able to prove that you were in pursuit of legal pornography. Further, you should speak with a criminal defense lawyer in Tampa to discuss the best strategy for defense, even if you feel you are innocent.
Possession, distribution, transmission, or manufacturing of child pornography is a serious felony offense in Florida and possibly in our Federal Court System. Convictions on charges of possession of child pornography when you are in possession of fewer 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 a 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.