Jacksonville Child Pornography Lawyer
Trusted Defense Lawyer Fighting for Your Reputation
If you have been arrested for a child pornography offense in Florida, it is important to acknowledge the gravity of these charges. Child pornography offenses are taken very seriously by both state and federal authorities and can have severe consequences that extend beyond just legal penalties.
If you are under investigation or have been charged with any child pornography-related offense, it is crucial to understand the law and what you are up against, as well as your legal options. This is where our firm can help. Contact our Jacksonville child pornography attorney at First Coast Criminal Defense for a free consultation.
Call (904) 474-3115 or send us a message online to get started on your defense.
What Constitutes Child Pornography?
Under Florida Statute 827.071, child pornography refers to any material (e.g., photographs, videos, digital media) that depicts a minor, anyone under the age of 18, engaging in sexual conduct. This includes producing, possessing, distributing, or even viewing such material.
It's important to understand that ignorance of the child’s age or intent is not typically a valid defense. Even if you did not know the age of the person depicted, you could still face charges if the material contains a minor.
Charges related to child pornography often fall into three main categories:
- Possession: Having any form of child pornography on your computer, phone, or any other digital device can lead to serious criminal charges, even if the material was downloaded accidentally.
- Distribution: Sharing child pornography—whether via email, social media, text, or other platforms—can result in harsher charges. Distribution may also include peer-to-peer file sharing programs or other online platforms, whether or not money is exchanged.
- Production: Creating, filming, or photographing sexually explicit content involving minors is the most severe form of child pornography and carries the heaviest penalties, including long prison sentences and mandatory sex offender registration.
Child Pornography Penalties in Florida
Child pornography charges in Florida are typically classified as felonies, with the specific degree of felony depending on the nature of the offense:
- Possession of child pornography is a third-degree felony, punishable by up to five years in prison per image, fines up to $5,000, and potential registration as a sex offender.
- Distribution of child pornography is more serious, often classified as a second-degree felony, with penalties of up to 15 years in prison, fines up to $10,000, and sex offender registration.
- Production of child pornography is a first-degree felony, carrying penalties of up to 30 years in prison, heavy fines, and mandatory lifetime registration as a sex offender.
Moreover, federal law may also apply to child pornography offenses, and federal convictions can lead to even more severe penalties, including longer prison terms and steep fines. Federal charges often accompany cases involving the internet, interstate transmission, or large-scale distribution.
Defending Against Child Pornography Charges
Although the penalties for child pornography are severe, there are possible defenses depending on the circumstances of your case. Some common defenses include:
- False accusation: In some cases, a person may be falsely accused of possessing or distributing child pornography. This can happen due to misunderstandings, mistaken identity, or malicious allegations.
- Entrapment: If law enforcement coerced or encouraged you into downloading or sharing illegal material through sting operations, entrapment could be a defense.
- Illegal search and seizure: Law enforcement must follow strict protocols when obtaining evidence such as computers, phones, or hard drives. If the search that led to the discovery of child pornography was conducted without a valid warrant or in violation of your constitutional rights, it may be possible to have the evidence suppressed and charges dismissed.
The Importance of Early Legal Representation
If you are being investigated or charged with child pornography, it is critical to get a defense lawyer involved as early as possible. The stakes are incredibly high, and a conviction can result in not only prison time but also the requirement to register as a sex offender, which has long-term social, professional, and personal consequences.
Sex offender registration can impact where you live, work, and even how you interact with your community. It can affect relationships, employment opportunities, and access to certain public spaces.
When you work with our child pornography lawyer in Jacksonville, we will work to thoroughly investigate the circumstances of your case, review how the evidence was obtained, and explore any potential constitutional violations or weaknesses in the prosecution’s case.
Our goal is to minimize the consequences you face, whether through a reduction in charges, negotiating a favorable plea deal, or fighting for a dismissal or acquittal.
Call First Coast Criminal Defense
Child pornography charges in Florida are some of the most serious criminal charges you can face, and the consequences can be devastating. However, with the right defense strategy and early legal intervention, it’s possible to navigate the legal system and achieve a better outcome.
If you or someone you love is facing child pornography charges, do not hesitate to reach out to First Coast Criminal Defense for comprehensive legal counsel. Your future and reputation are at stake, and we are here to defend your rights every step of the way.
Call us today at (904) 474-3115 to get started with a free consultation.
