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CRIMINAL DEFENSE

Child Pornography

Orlando Child Pornography Defense Attorney

What is Child Pornography? Child Pornography

Child pornography is any image depicting a minor engaged in sexual conduct. (Florida Statute § 847.001(3)). No actual contact with a child has to occur. Mere possession of a photo that presents a child engaging in sexual conduct can result in charges against you and require registering as a sex offender for life. The distribution of such materials carries much harsher penalties.

 

Available Child Pornography Defenses

 

Sometimes people unwillingly receive photos that constitute child pornography. This can happen when child pornography is distributed through email or text message and the recipient had no idea these types of photos were coming to them. Or maybe you innocently clicked on a link that brought you to websites displaying child pornography. There may also be instances where someone is caught with child pornography on their computer, but they did not personally download or receive the images; it was someone else using their computer. In order to avoid being falsely accused of possessing child pornography it is important to monitor who is accessing your computer and your cell phone. It is also vital that you seek the counsel of a child pornography defense attorney immediately if you are facing child pornography charges!

 

 

Child Pornography - Frequently Asked Questions (FAQs)

 

What is child pornography?Child pornography is any image depicting a minor engaged in sexual conduct. (Florida Statute § 847.001(3)). No actual contact with a child has to occur. Mere possession of a photo that presents a child engaging in sexual conduct can result in charges against you and require registering as a sex offender for life. The distribution of such materials carries much harsher penalties.What is a minor?A minor is any person less than 18 years of age.How can I get caught with having child pornography?•  Every computer has what is called an IP address. This IP address can be used to identify whether your computer has accessed any child pornography. If you are suspected of having accessed child pornography you can become a suspect and placed under investigation.•  IP addresses sometimes lead investigators the wrong person. There have been some recent cases where the government targeted the neighbor with the unsecured wireless network instead of the actual offender.•  You may also be caught with child pornography on your hard drive if you go to have your computer repaired. If a computer repair man finds child pornography on your hard drive they have to report you to the authorities.What are the penalties regarding child pornography?In the State of Florida, transmitting or sending child pornography is a felony in the third degree. A felony of the third degree is punishable by imprisonment of at least 5 years. Each individual child pornography image is a separate crime. This means that a person caught with 10 child pornography images, can face a minimum of 50 years in prison. The federal government punishes both the receipt and distribution of child pornography with a minimum prison sentence of 5 years and a maximum of 20 years. Possession of child pornography with the intent to view has a maximum prison sentence of 10 years. You will also have to register as a sex offender for the rest of your life if you are convicted of possessing or distributing child pornography.Can I be charged for unintentionally viewing or possessing child pornography?lf you are caught with having child pornography on your computer, it is generally presumed that you intentionally accessed it and violated the law. The prosecutors work to prove that you intentionally and knowingly received the images and the defense lawyers here at NeJame Law will fight to disprove this. It is possible that someone else had access to your computer, or that a pop-up displayed the child pornography photos, or you received spam mail containing the pornographic images. The defense attorneys at NeJame Law handle each case carefully to provide our clients with the best defense.What is the statute of limitations for bringing a child pornography case in Florida?In Florida, child pornography crimes are considered 3rd degree felonies. The statute of limitations for such felonies is 3 years. This means that prosecution must begin within 3 years after the felony is committed.Can I be charged with having child pornography on my cell phone?Yes and in fact, even teenagers are facing child pornography charges for "sexting" and sending nude pictures to one another.

 

Contact an Orlando Child Pornography Attorney from NeJame Law

 

We treat our customers with care, respect and confidentiality. We will do anything we can do to get the best result on their behalf.

We handle a variety
of cases including:

  • White Collar Crimes

    The term white collar crime was initially defined "...as a crime committed by a person of respectability and high social status in the course of his occupation.". Today, this term is generally used to refer to non-violent crimes usually committed for financial gain. White collar crimes are typically considered to be committed by "white collar workers" such as government employees, MORE

  • Driving Under the Influence (DUI)

    If you need an Orlando DUI lawyer NeJame Law can help. Driving under the influence of an alcoholic beverage (DUI), or drunk driving, is a serious offense in Florida. The defense of DUI cases may be challenging and should be handled by highly experienced drunk driving defense lawyers. Each Orlando DUI attorney at NeJame Law has the knowledge and experience required to fight your Florida DUI case. MORE

  • Drug Trafficking

  • Violation of Probation (VOP)

    If you or someone you know have been charged with drug trafficking, drug possession, drug distribution or any other drug-related crime you need to contact an experienced Florida drug defense attorney as soon as possible. The defense team of NeJame Law in Orlando, Central Florida, has the knowledge, skills & experience you need to represent and defend you in court for any drug related offense. MORE

  • Check Fraud

    There are a number of ways that one can find themselves involved with the criminal justice system facing the allegation of 'check fraud.' The attorneys of NeJame Law are here to help. If you have tendered a check to another person or business which 'bounces' or comes back from the bank stamped 'non-sufficient funds ("NSF")' or 'Account Closed' it may be the result of accidental overdraft and oversight OR the State or victim may believe is  MORE

  • Sex Crimes

    Due to today's laws a sexual offense conviction can have a serious and long-lasting impact in anyone's personal and professional life. Some sex crime trials attract the media attention, making the accused publicly known and leaving a social stigma even if he or she is later found not guilty.  MORE

  • Appeals

    Due to today's laws a sexual offense conviction can have a serious and long-lasting impact in anyone's personal and professional life. Some sex crime trials attract the media attention, making the accused publicly known and leaving a social stigma even if he or she is later found not guilty.  MORE

  • Murder

  • Post Conviction Relief

    A motion for Post Conviction relief is usually a person's last resort to overturn a criminal conviction or be released from prison after a direct appeal has not been successful. An Orlando post conviction attorney from our Law Firm can help you in evaluating whether you have grounds for relief after a trial or after all appeals have been  MORE

  • Driving While License Suspended
    or Revoked (DWLS)

    At NeJame Law we represent people throughout Orlando, Central Florida and the State of Florida who are charged or arrested for driving while license suspended or revoked (DWLSR) (DWLS). Every criminal defense attorney at our Firm realizes how very important having a valid driver's license is and how serious it can be for a client to lose his or her license.  MORE

  • Manslaughter

    If you or someone you know has been arrested for manslaughter, we suggest that you consult with an experienced and aggressive attorney immediately in order to preserve your rights and to give the attorney as much time as possible to investigate the charges.  MORE

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