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Transmitting Child Pornography

Since children are considered one of society’s most vulnerable group of people, the laws regarding child pornography in Florida are incredibly harsh. Possession of any type of child pornography is classified as a felony and mere allegations could ruin both your professional and personal reputation. If you sent child pornography to other people or on forums online, then you could face an additional charge of transmitting child pornography.

Transmitting child pornography is a separate and distinct crime from possession of child pornography. The offense only includes instances where the offender electronically sent media containing child pornography either online or to another person’s electronic device. What’s different about this crime is that each transmission could be considered a separate charge. That means you could be facing multiple counts of transmitting child pornography.

If you or someone you know has been charged with the transmission of child pornography, then it’s imperative you seek an experienced criminal defense attorney as soon as possible. 

Transmitting Child Pornography Defense Lawyer in Gainesville, FL

Are you currently under investigation for transmission of child pornography? If so, you have no time to spare and must act quickly. Contact Galigani Law Firm for an experienced and skilled Gainesville sex crimes attorney with years of experience. Our attorneys have defended those accused of sex crimes including child pornography collectively for over 30 years.

Call Galigani Law Firm today to learn more about our practice at (352) 375-0812. Galigani Law Firm fights for the rights of their clients throughout the greater Gainesville and Alachua County area including Micanopy, Alachua, High Springs, Archer, La Crosse, Waldo, and Hawthorne.

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Florida Laws for Transmitting Child Pornography

As all states in the U.S. do, Florida has stringent laws against child pornography. So much so that if you send child pornography to another person or on a forum online, you’ll face a separate charge altogether for transmission of child pornography. The crime is classified as a felony and carries serious penalties including time in prison.

Under Florida Statutes Section 847.00(3), it defines child pornography as any image, video, or piece of media depicting a minor engaged in sexual conduct. The term “sexual conduct” refers to any of the following sexual acts between two or more people: 

  • Sadomasochistic abuse;
  • Deviate sexual intercourse;
  • Masturbation;
  • Actual lewd exhibition of the genitals;
  • Sexual bestiality;
  • Act or conduct that simulates/constitutes as sexual battery
  • Simulated/actual sexual intercourse
  • Physically touching a minor’s unclothed or clothed genitals, pubic area, buttocks, or breasts with the intent to arouse or gratify a sexual desire 

Transmission of child pornography is an incredibly serious crime and can even be tried on the federal level if the material crosses state lines. The crime is defined under Florida Statutes section 847.0137 and states it’s unlawful for any person to intentionally and knowingly transmit child pornography to another or post it on an indexed/unindexed site.


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What’s the Punishment for Transmission of Child Pornography in Florida?

Any type of criminal charge related to child pornography is classified as a felony. Transmission of child pornography is no exception. Transmitting child pornography can land you a third-degree felony, which is punishable by: 

  • Up to 5 years in prison
  • A fine of up to $5,000 

If you transmitted child pornography on multiple sites and/or people, then you could face a separate count for each transmission. The transmissions can be for the same image, video, or other type of media depicting child pornography. So, you could be facing multiple counts of transmitting child pornography because you sent one image to multiple sites or people. 


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Is Sexting Considered to be Child Pornography in Florida?

The trend of “sexting” is popular amongst adults, and unfortunately some children have become involved in the act as well. The term “sexting” refers to two or more people sending sexually charged photographs or videos of themselves to one another. When this action takes place between two consenting adults there is no crime. However, if a minor is involved then the act could be considered child pornography.

“Sexting” a minor could be seen as grounds for child pornography charges in the state of Florida. Intentionally and knowingly possessing a message where a minor is unclothed or engaging in sexual conduct could be considered a sexual performance. It’s also important to note that not being aware of the minor’s age during the “sexting” isn’t considered an admissible defense in court. Even if the minor lied about their age.


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Additional Resources 

Enough is Enough | EIE – Visit the official website for the non-profit, non-partisan organization known as Enough is Enough (EIE) who is dedicated to stopping child pornography and making the internet safer for children. Access the site to learn how you can report a cybercrime, research and statistics on child pornography, and learn how you can help the cause.

Citizen’s Guide to Federal Child Pornography Laws – Visit the official website for the United States Department of Justice to read up on the U.S. Code’s chapter on Child Exploitation and Obscenity Section (CEOS). Access the site to learn the basics on child pornography, child sex trafficking, child sexual abuse, and how all these laws are enforced by our federal government. 


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Attorney for Transmission of Child Pornography in Gainesville, FL

Even facing simple allegations of possession or transmission of child pornography could uproot a person’s whole life. You are likely already facing backlash from friends, family, and your community with little to no support. Thankfully, you have options to redeem yourself and stop the accusations. Call Galigani Law Firm so you can begin setting up a formidable defense to protect your freedom and standing today. 

Galigani Law Firm collectively has 30 years of experience in solely criminal defense. Our attorneys can dissect the facts of your case and begin building a defense designed to reduce or dismiss your charges. Find out more from Galigani Law Firm by calling our offices at (352) 375-0812. You can find us in Gainesville, but we practice throughout the greater Alachua County area including Micanopy, Gainesville, Hawthorne, Waldo, La Crosse, and Archer.


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