Federal and state laws prohibit the possession, production and distribution of sexually explicit content (photos, video, physical film, AI-generated images, etc.) involving minors under 18 years of age. This means that any kind of content that would depict a minor child indecently in vulnerable positions or with a sexual nature could lead to serious federal and/or state charges.
In Florida, child pornography charges can range from a third-degree felony (punishable by five years in prison and fined up to $5,000) to a first-degree felony (punishable by 30 years behind bars and fines).
While there are many ways to obtain child pornography, one that is increasingly becoming a danger to families is through the internet. The internet may lead unsuspecting individuals to shady sites that contain child pornography, which could eventually lead to an arrest and criminal charges. It may be important to understand how suspects are caught possessing, producing or distributing child pornography on the internet and what suspects can do to defend themselves. Here is what you should know:
Can you be arrested for downloading an image?
Attorney Alex King recently said in an interview with Action News Jax, “While parents work to protect their kids, predators find ways to enter homes through the internet.” The suspect in question was arrested after three cyber-tips notified Clay County police of illegal conduct with minors. Attorney Alex King said, “...every time you’re connected to the internet… [social media sites and internet providers] have these algorithms that will detect [child pornography]. They are then sent to the National Center for Missing Exploited Children (NCMEC).”.
NCMEC’s CyberTipline is a program that identifies possible child sexual exploitation online, which allows the public and service providers to report illegal activity involving minor children. Law enforcement may collect a suspect's phone or laptop to examine for child pornography that was obtained in the following ways:
- File sharing
- Clicking links to child porn
- Posing as a child online
- Downloading images of child porn
- Talking to a minor