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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.
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.)
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.
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.
