West Palm Beach Child Pornography Attorneys

Child Porn Attorneys in West Palm Beach

There are few criminal charges that carry the social stigma associated with child pornography. These charges must be aggressively defended, both in court and in public, as quickly as possible. Early consultation with our experienced West Palm Beach criminal defense attorneys will offer the best chance of successfully defending both your reputation and your freedom.

Under Florida Statute 827.071(5)(a) possession of child pornography is defined as knowingly possessing, controlling or viewing child pornography. Early consultation with an experienced criminal defense law firm is vital in these cases. Even if you suspect you are being investigated - certainly if you have been questioned by authorities - reaching out to an experienced West Palm Beach defense lawyer is the best thing you can do to protect your rights. Under the law, each image may be charged as a separate crime. It’s commonplace for authorities to charge a defendant with dozens, or even hundreds, of images carrying a potential penalty of decades behind bars in an attempt to get them to admit fault.

Under Florida law, each charge of possession of child pornography is a third-degree felony, punishable by up to five years in prison, 5 years probation and a $5,000 fine. As a Level 5 offense, the law allows a judge to sentence an offender to sex offender probation, as well as to the statutory maximum of 5 years in prison on each count. Those facing four or more counts would score a mandatory prison sentence under Florida’s Criminal Punishment Code.

Aggravated possession of child pornography under F.S. 775.0847(2) may be charged for 10 or more images if any image contains a child under the age of 5, sadomasochism, sexual battery, bestiality, or a motion picture involving a child, regardless of whether it contains sound. Aggravated possession of child pornography is a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.

Child Pornography Defense

There are many defenses in these types of cases. Remember, authorities can charge you with whatever they want. Whether you are convicted in a court of law is another matter entirely. At Salnick Law, P.A. we move quickly to protect the reputation and freedom of our clients while building your defense.

You have the right to remain silent. Exercise it. Authorities are using every piece of information gathered to build a case against you, regardless of what they say. Resist the urge to attempt to explain yourself. Even when you don’t believe you are making incriminating statements, what you say can conflict with a potential defense.

Potential child pornography defenses include:

  • Unknowing possession: “Knowingly” is a critical element that requires intent. In many cases involving online pornography, viewing or possessing illegal content was unintentional.
  • Sexual conduct: Challenging whether images depict sexual conduct is another defense. The law requires actual or simulated sexual activity, lewd exhibition, and actual physical contact with genitals, buttocks or breasts with the intent to arouse or gratify.
  • Child Erotica: While erotic, an image is not sufficiently lascivious enough to meet the definition of sexually explicit conduct.
  • Transitory possession: A defense involving intent and/or possession. In some cases, an unsolicited or unwanted image may be received and deleted.
  • Inadvertent possession: There are an increasing number of cases where computer viruses, malware, and other electronic crimes are involved in the storing of images on the digital property of a defendant.
  • Age of alleged victim: In cases where a victim can be shown to be of adult age, or in cases where the identity or age of a victim is unknown, age may become a legitimate defense.

Call Us for the Defense You Can Trust

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

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