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West Palm Beach Child Pornography Attorneys

Child Porn Attorneys in West Palm Beach

Few criminal charges carry the same social stigma as those related to child pornography. Accusations like these can quickly tarnish a person's reputation, making it essential to act swiftly. Our experienced West Palm Beach criminal defense attorneys understand the urgency of such cases and are prepared to defend you aggressively, both in court and in the public eye. Early consultation is crucial to ensure the best possible chance of preserving your freedom and reputation.

A criminal conviction for child pornography can lead to severe legal consequences, including strict probation terms that may impact your daily life for years. These terms can restrict where you live, who you can contact, and even your access to technology. To minimize the potential fallout, it's important to have a defense team that knows how to navigate these challenging legal waters effectively.

Moreover, child pornography charges often come hand-in-hand with other serious allegations. For instance, child abuse allegations may arise, further complicating the case and increasing the stakes. These additional charges require a nuanced defense strategy, as they can carry their own set of severe penalties and emotional burdens.

In some cases, accusations of sexual assault or sex with a minor may accompany the investigation into child pornography. These overlapping charges can create a complex web of legal challenges, requiring a multifaceted approach to defend against them. Our attorneys are equipped to handle these types of cases with the sensitivity and expertise needed to protect both your freedom and your future.

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.

Frequently Asked Questions

Salnick Law, P.A. handles child pornography cases by providing aggressive defense aimed at protecting both the reputation and freedom of the accused. They emphasize early consultation for the best chance at a successful defense. Defenses may include unknowing possession, challenging whether images depict sexual conduct, and arguments against the alleged age of the individuals depicted. Each image is potentially a separate charge, and aggravated possession can result from specific types of content or quantities of images.
In West Palm Beach, defenses against child pornography charges can include challenging the intent and knowledge regarding possession, disputing the age of individuals in images, and questioning whether the material qualifies legally as child pornography. Defending against these charges often requires detailed analysis of the circumstances and evidence involved.
In Florida, child pornography offenses can lead to severe penalties including substantial prison terms, hefty fines, and mandatory registration as a sex offender. The specific penalties often depend on factors such as the quantity of illegal content, the nature of the content, and whether distribution or production was involved. Each image or video can potentially count as a separate charge, which can significantly increase the severity of the penalties.
If you are seeking advice or representation for a child pornography case, feel free to reach out to us. Our experienced legal team is committed to providing confidential and effective counsel to help navigate these challenging times.

Additional Information in West Palm Beach

CyberTipline - Report Child Sexual Exploitation: A platform where individuals can report child sexual exploitation anonymously or with contact details if preferred. This initiative, managed by the National Center for Missing & Exploited Children, plays a crucial role in aiding law enforcement and child protection agencies to act against online and offline exploitation. It indirectly supports attorneys specializing in child pornography cases by providing vital information that can be used to investigate and prosecute offenders, thus safeguarding child welfare and enforcing legal actions against criminal activities.
U.S. Department of Justice - Project Safe Childhood: This program coordinates efforts among federal, state, and local agencies to locate, apprehend, and prosecute individuals exploiting children, and to help identify and rescue victims. For attorneys dealing with child pornography cases, this initiative provides legal frameworks, resources, and national coordination to support their prosecution efforts, significantly aiding their work by ensuring comprehensive and timely justice delivery.
Florida Statutes - Chapter 827: Abuse of Children: Outlines laws related to child abuse, including severe penalties for offenses such as child neglect, abuse, and exploitation. It provides a comprehensive legal framework for the protection of children within Florida, clearly defining various offenses and their corresponding legal repercussions. For attorneys specializing in child pornography cases, this statute is crucial as it offers specific guidelines and legal definitions that aid in the prosecution of child exploitation and abuse crimes.

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