Top Parrish, FL Child Pornography Lawyers Near You
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2477 Stickney Point Rd, 311 B, Sarasota, FL 34231
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Assisting with Child Pornography issues in Parrish and across Florida.
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2060 Ringling Blvd., Sarasota, FL 34237
2063 Main Street, Suite 100, Sarasota, FL 34237
6841 Energy Court, Suite 120, Sarasota, FL 34240
714 Manatee Ave E, Suite C, Bradenton, FL 34208
527 Manatee Avenue East, Bradenton, FL 34208
2055 Wood St, Suite 118, Sarasota, FL 34237
4420 5th Street West, Bradenton, FL 34207
1414 S Tamiami Trail, Sarasota, FL 34239
5900 Pan American Blvd, Suite 104, North Port, FL 34287
100 Wallace Avenue, Suite 240, Sarasota, FL 34237
2170 Main Street, Suite 403, Sarasota, FL 34237-6024
2184 MAIN ST, Sarasota, FL 34237
143 Miami Ave E, Venice, FL 34285
306 East Olympia Ave, Punta Gorda, FL 33950
6320 Venture Dr, Suite 104, Bradenton, FL 34202
100 Wallace Ave, Suite 360, Sarasota, FL 34237
8470 Enterprise Circle, Lakewood Ranch, FL 34202
2151 Main Street, Suite 201, Sarasota, FL 34237
1800 2nd St, Suite 785, Sarasota, FL 34236-5994
3841 Tamiami Trail, Suite A, Port Charlotte, FL 33952
5577 Broadcast Ct, Sarasota, FL 34240
50 Central Avenue, Eighth Floor, Sarasota, FL 34236
11031 Gatewood Dr., Lakewood Ranch, FL 34211
265 E. Marion Ave, Suite 118, Punta Gorda, FL 33950
Parrish Child Pornography Information
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What Is Considered Child Pornography?
Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area
Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.
Laws against child pornography make it a crime to be involved in the material in any way, including:
- Possession
- Receiving
- Trading and distribution
- Reproduction
- Production
- Solicitation
What Are the Elements of Child Pornography Charges?
When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.
What Are the Penalties for Child Pornography in Florida?
Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.
For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.
When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:
- Explicit depictions of a minor under the age of 12
- Distribution of material to a minor
- Sadistic, masochistic, or violent depictions
- Number of images of child pornography
Will I Have to Register as a Sex Offender in Florida?
After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.
Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:
- Name
- Photograph
- Age
- Criminal offense
- Identifying information
Do I Need a Lawyer If I Am Facing Charges for Child Pornography?
With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.
Are There Legal Defenses to Child Pornography Charges?
When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:
- Wireless router was not secured and accessible to others
- Defendant did not know a shared file contained illegal images
- Images were artistic depictions with serious artistic, political, or scientific value
- Individual portrayed was 18 years old or older at the time
Was the Search of My Computer Legal?
Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.
If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.