Child Pornography

We have more than 50 years of experience
Criminal Defense for child pornography

If you are facing child pornography charges, the life you know is at stake. The social stigma, criminal charges and lifelong consequences are severe. When it seems like no one is on your side, we are committed to fighting for the best possible outcome for your case – and your future.

What Constitutes Child Pornography?

Under Florida law, any image of a minor engaged in sexual conduct is child pornography. This includes any image, printed or digital, of a child under the age of eighteen engaged in any actual or simulated intercourse, or making physical contact with his or her genitals or the genitals, pubic area, buttocks, or breast of another person is illegal. (Read the definition of sexual conduct in its entirety here.)

What Do Florida Statutes Say about Child Pornography?

It is illegal for a child to participate in a sexual performance under Florida Statute 827.071. It is a second-degree felony to employ, authorize, or induce a child under the age of eighteen into a sexual performance. This includes producing, directing, or otherwise promoting the sexual performance of a minor, as well as possessing, promoting, or viewing the pornography. If there is more than one child involved in the sexual performance, the crime becomes a third-degree felony.

Child pornography is also outlawed as obscenity. Under Florida Statute 847.0135, the use of computers and similar electronics like cell phones to make, store, distribute, or purchase pornography is illegal. This includes using these devices to make arrangements to view, engage in, or otherwise solicit sexual conduct by a minor. Using a computer to facilitate the sexual conduct of a minor is a second-degree felony. However, if the offender is also a minor under the age of eighteen, it could be charged as a third-degree felony.

Finally, “sexting” is dangerous territory. Florida Statute 847.0138 prohibits the transmission of material harmful to minors to a minor by electronic device or equipment. In other words, it is a third-degree felony to send a text or e-mail containing any image, information, or data that may be harmful to a minor when the intended recipient of such transmission is under the age of eighteen.

What Are the Penalties for Child Pornography?

The penalties for child pornography vary by the nature of the charge. However, it is important to remember that child pornography may also result in federal charges in addition to any state charges.

Penalties range from five years in the Florida State Prison and a fine of five-thousand dollars to fifteen years in prison and a fine of ten-thousand dollars. Other common penalties include mandatory registration on the National Sex Offender Registry, involuntary commitment to a treatment facility, or GPS monitoring.

Client Testimonials

"At our meeting, you answered my questions and gave me hope in what was still an uncertain situation.  Many thanks to you and your staff for the kindness and compassion that was shown to me.  I had indeed called on the right defense attorney."

Anonymous |  Former client

"He kept me informed, kept it real, and most importantly cared. He was always available by cell or at the office. When I was in jail he came to visit at least once every ten days. At first I thought he was too good to be true but in talking to some of his other clients he is the real deal."

anonymous  | former client

"Michael Salnick is a force to reckon with in the courtroom. He has the respect of Judges, State Attorneys and police.  I don't believe there is another I would trust. If you value your life and freedom do not hesitate to employ Michael and his team to represent you."

anonymous  |  former client
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