Transmission of Child Pornography by an Electronic Device

Florida takes aggressive action against people involved in child pornography crimes. Thus, people can face criminal charges not only for manufacturing or selling illicit materials but also for sending them or receiving them on a computer. Transmission of child pornography by an electronic device is a serious charge that can have life-altering consequences, and it is critical for anyone accused of such an offense to seek the counsel of an attorney as soon as possible. The assertive Tampa child pornography defense lawyers of Hanlon Law have ample experience defending people accused of egregious offenses, and if you hire us, we will set forth compelling arguments in your defense. We frequently represent people charged with Florida child pornography crimes and other offenses in Tampa and other cities throughout Florida.

In Florida, in order for an image to be deemed child pornography, it must depict a child under the age of eighteen engaged in sexual activity. Notably, child erotica, or images of nude or semi-nude children depicted in a manner that does not constitute sexual conduct, is not considered child pornography and is not illegal.

Under Florida Statute 847.0137, the transmission of child pornography by an electronic device is a third degree felony that is punishable by up to five years imprisonment and fines of up to $5,000 for each count. Florida Statute 847.0137 defines transmission as the act of sending or causing the delivery of any data, information, or image from one or more places or people to another using any device or electronic equipment via any means, including the internet. In other words, the act of emailing or posting an image that is considered child pornography constitutes transmission of child pornography by an electronic device.

In order to convict a person of transmission of child pornography by an electronic device, the prosecution must show that they knew or reasonably should have known that they were transmitting child pornography to another individual in the state or another jurisdiction.

Merely because a person is charged with transmission of child pornography by an electronic device does not necessarily mean they will be convicted. The prosecution faces a high burden of proof, and if it cannot meet it, the defendant should be found not guilty. Specifically, it must establish each element of the charged offense beyond a reasonable doubt. As such, if the prosecution cannot show that the defendant knew or reasonably should have known that the image that they reportedly sent constituted child pornography, the judge or jury should not convict the defendant.

In contrast to the prosecution, criminal defendants do not bear a burden of proof. In other words, they do not have to offer any evidence in their defense or otherwise establish their innocence. In some cases, though, it may be beneficial for them to do so. While the defenses available will vary depending on the facts of the case, some arise more frequently than others. For example, absent exigent circumstances, the police generally cannot search a person or their property without a warrant. If they do, it may constitute a violation of the defendant’s Fourth Amendment rights against unreasonable search and seizure. In such instances, the defendant may be able to argue that the search was unlawful and that the prosecution should be barred from using any evidence obtained during the search against the defendant.

The 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.