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Child Pornography

Florida takes charges of possessing, distributing, transmitting, or manufacturing pornographic images and videos featuring children very seriously. When an individual is convicted of this sex crime, he or she faces felony charges that involve lengthy prison sentences as well as irreparable harm to his or her personal and professional life.

Merely being accused of this offense can cause tremendous shame and leave the alleged offender with the burden of an enormous social stigma that can last a lifetime. There are several reasons why people through no fault of their own end up with pornographic images or videos of children on their computers or cell phones.

Gainesville Child Pornography Lawyer

If you have been arrested for possessing, distributing, transmitting, or manufacturing child porn, it is important to speak with a compassionate criminal defense attorney as soon as possible. Galigani Law Firm fights to restore the good names of clients accused of these sex crimes in Alachua County, Columbia County, Levy County, Marion County, and Gilchrist County.

Contact our firm right now at (352) 375-0812 or send us a message online to schedule a free, confidential consultation. We will provide an honest and thorough review your case and evaluate all of your legal options.

Alachua County Child Pornography Overview

• How does Florida define this offense?
• Does state law make any exceptions for non-sexual images?
• What are the consequences of a conviction?
• Are there any successful defenses to these sex crimes?

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Definition of Child Porn in Florida

Under Florida Statute § 847.001(3), "child pornography" is defined as any image depicting a minor engaged in sexual conduct. A "minor" is defined under Florida Statute § 847.001(8) to mean any person under the age of 18 years, and "sexual conduct" is defined under Florida Statute § 847.001 (16) to mean any of the following circumstances:

• Actual or simulated sexual intercourse
• Deviate sexual intercourse
• Sexual bestiality
• Masturbation
• 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
• Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed

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Distinctions in Florida Child Pornography Law

There are a couple of important exceptions to Florida's child porn laws. Florida Statute § 847.001 (16) states that a mother breastfeeding her baby does not under any circumstance constitute "sexual conduct."

Furthermore, "child erotica" (i.e., children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct) is also not illegal.

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State and Federal Child Porn Penalties

Florida imposes very harsh penalties on individuals convicted of pornography featuring children, and it is important to note that each image may be charged as a separate criminal offense. Prosecutors will seek to impose the maximum allowable punishment in these cases. The level of felony assessed for this sex crime is as follows:

• Transmitting, distributing, possessing, and/or manufacturing pornography featuring children — Third-degree felony, punishable by up to five years in Florida State Prison and/or a $5,000 fine for each image.
• Sharing pornographic images or videos of children with another party — Second-degree felony, punishable by up to 15 years in Florida State Prison and/or $10,000 fine for each image.
• Promoting or producing child porn — First-degree felony, punishable by a minimum of five years and a sentence of up to 30 years in Florida State Prison and/or $10,000 in fines for each image.

Additionally, you may face federal charges if pornography featuring children allegedly moved across state lines or was created using equipment or materials that were transported across state lines. Because many pornographic images are sent electronically through email, websites or other online connections, many cases can fall under federal jurisdiction. Penalties in federal cases are further impacted by whether or not you a first-time offender:

• Possession of child pornography — No mandatory minimum penalties for first-time offenders, but punishable by up to 10 years in prison. Mandatory minimum of 10 years for individuals with prior sex offense conviction, punishable by up to 20 years in prison
• Possession of obscene visual representations of the sexual abuse of children — No mandatory minimum penalties for first-time offenders, but punishable by up to 10 years in prison. Mandatory minimum of 10 years for individuals with prior sex offense conviction, punishable by up to 20 years in prison
• Transportation, receipt, distribution, possession with intent to distribute or sell pornography featuring children — Mandatory minimum of five years in prison for first-time offenders, punishable by up to 20 years in prison. Mandatory minimum of 15 years for individuals with prior sex offense conviction, punishable by up to 40 years in prison
• Receipt, distribution or production of obscene visual representations of the sexual abuse of children — Mandatory minimum of five years in prison for first-time offenders, punishable by up to 20 years in prison. Mandatory minimum of 15 years for individuals with prior sex offense conviction, punishable by up to 40 years in prison

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Defenses to Child Pornography in Florida

There are several reasons that an innocent person may end up with images of pornographic images or videos of children on their computers or cell phones. Some possible defenses against these sex crime charges include, but are not limited to:

• Another individual hijacked or hacked your computer
• Computer viruses put the pornographic images or videos onto your computer
• The individuals in the images or videos were actually 18 or older
• Your computer is accessed by multiple people
• You downloaded the images or videos before realizing what they contained
• You unknowingly possessed the child porn
• You were not aware of the actual ages of the individuals in the images or videos
• You were not the user of the computer
• You were the victim of entrapment
• You were the victim of illegal search and seizure

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Galigani Law Firm | Child Pornography Lawyer in Gainesville

It can be incredibly frightening and overwhelming to be facing sex crime allegations. The dedicated criminal defense attorneys understand how you feel, and we will aggressively fight the charges you face.

Galigani Law Firm provides criminal defense against alleged sex crimes for clients in Gainesville, Lake City, Ocala, and Alachua. We can discuss your case and review your legal options during a free consultation when you contact our firm at (352) 375-0812 or send us a message online.