Florida aggressively prosecutes sex crimes against children, including child pornography offenses. Sentencing for Florida child pornography crimes often includes years in prison and a lifelong sex offender designation. Therefore, anyone charged with such offenses must understand the nature of their charges and the penalties they could face if convicted. If you are accused of a Florida child pornography offense, you should meet with an attorney to discuss your rights and potential defenses. The skilled Tampa child pornography defense lawyers of Hanlon Law possess the knowledge and resources needed to help you seek a successful outcome, and if we represent you, we will advocate zealously on your behalf. We frequently defend people accused of Florida child pornography crimes and other offenses in Tampa and other cities throughout Florida.
Florida Law Regarding Child PornographyFlorida broadly defines any image depicting a minor engaging in sexual conduct as child pornography. Anyone under the age of eighteen is considered a minor. Numerous acts fall under the definition of sexual conduct, including simulated or actual sexual intercourse, masturbation, and actual physical contact with a person’s pubic area, buttocks, or genitals, whether they are clothed or unclothed, with the intent to gratify or arouse sexual desire in either party.
The act of manufacturing, distributing, possessing, or transmitting child pornography is unlawful in Florida and typically is charged as a third-degree felony. Traveling to meet a minor to create illicit images, buying and selling children, and transmitting harmful materials to minors constitute child pornography crimes as well.
Sentencing for Florida Child Pornography CrimesSentencing for Florida child pornography crimes varies depending on the nature of the crime and other factors. Many child pornography offenses, including possession of child pornography as defined by Florida Statute 827.071, the transmission of material harmful to minors by an electronic device as defined by Florida Statute 847.0138, and transmission of child pornography as defined by Florida Statute 847.0137, are third degree felonies punishable by up to five years in prison and a $5,000 fine for each count. Under Florida Statute 847.0135, traveling to meet a minor for the purposes of engaging in illegal sexual conduct for the purposes of making child pornography is a second degree felony, punishable by up to punishable by up to fifteen years imprisonment and fines of up to $10,000.
Under Florida Statute 775.0847, if certain factors are met, the state can impose enhanced penalties on people convicted of certain child pornography offenses. First, the state must prove the defendant is guilty of traveling to meet a minor, transmission of material harmful to a minor, use of a child in a sexual performance, or another enumerated child pornography offense. If the state can then establish the defendant possessed ten or more images of child pornography, and one or more of the images depicted sexual battery, sexual abuse, sexual bestiality, a child under the age of five, or any movie involving a child, the offense will be classified as the next higher degree. In other words, if the defendant was convicted of a Florida child pornography offense that is a second degree felony, and the state can establish that the criteria for imposing an enhanced penalty are present, the crime will be categorized as a first degree offense, which is punishable by up to life imprisonment.
Meet With a Trusted Criminal Defense LawyerThe Florida government strictly punishes people convicted of child pornography offenses, which can result in lifelong harm to their rights and reputation. If you are charged with a violation of Florida’s child pornography laws, it is in your best interest to meet with an attorney to assess your options. At Hanlon Law, our trusted Tampa criminal defense lawyers can assess the circumstances surrounding your arrest and advise you of your avenues for pursuing a positive result. We have an office in Tampa and offices in Clearwater, St. Petersburg, Sarasota, and Bradenton as well. You can reach us via our form online or by calling us at 813.228.7095 to set up a free and confidential consultation.