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CRIMINAL DEFENSE

Child Pornography

Central Florida Child Pornography Defense Lawyer

What is Child Pornography?

Child Pornography Defense Lawyer in OrlandoChild 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. Moreover, you may have 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 - 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.

Who 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.

Child pornography - Possible penalties

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 Our Orlando Child Pornography Attorney

Help is Here! If you or someone you know has been caught in possession of or is being investigated for possessing child pornography in Orlando or any other city in Central Florida contact NeJame Law in Orlando, Florida immediately. You need an experienced child pornography defense attorney on your case. We are available 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Defense@NeJameLaw.com. One of our defense attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.

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 Criminal Defense cases including:
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