Child Pornography

Possession of Child Pornography

As defined by the Florida Department of Law Enforcement, child pornography means “any image depicting a minor engaged in sexual conduct,” including photographs, videos, and computer files, among other forms of content involving a person under the age of 18 engaged in any form of sexual conduct. 

Florida Statute 827.071 defines sexual conduct as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.” 

Children photographed either nude or partially nude in a manner that doesn’t fit the definition of “sexual conduct” is not illegal. This type of content is referred to as “child erotica.” 

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. The production, possession, and distribution of child pornography is prohibited by federal law. 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.

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