Tampa Possession of Child Pornography Lawyer

Child Pornography Laws and Statutes in Florida

It is against state and federal law to possess any image or video of a child engaged in a sexual act. It is even a crime to simply view child pornography. Having a file on your computer or phone or sharing such an image constitutes a serious sex crime in Florida. Such crimes fall under Florida Statute s. 827.071. The pertinent part of the statute reads as follows: 

• A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Violations of this section are second-degree felonies and are punishable by a prison sentence of up to 15 years. 
• A person guilty of possessing with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child faces up to 15 years in Florida State Prison and a second-degree felony charge. 
• A person guilty of knowingly possessing, controlling, or intentionally viewing a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child faces up to five years in Florida State Prison for a single image and a third-degree felony charge. 

It’s important to note that under the statute, intent to promote includes the manufacturing or production of child pornography. 

While possession of child pornography has been a crime for many years, it is now a much larger target of criminal investigations because of the advent of computers and electronic files. Technology has made the sexual exploitation of children much more accessible, so the government has strengthened its interest in pursuing those who commit these criminal offenses. 

In addition to laws regarding child pornography, traveling to meet a minor to engage in sexually explicit conduct, like sexual intercourse or to produce pornography, is a felony. 

Chapter 847 (Obscenity) under Title XLVI further details severe criminal penalties as related to the different child pornography convictions. 

How Do the Police Know Someone Has Child Pornography? 

Police purposefully target individuals through the dissemination of certain known child pornographic files. Law enforcement has software that alerts when certain files are shared and viewed. They can determine the IP address of the individual. They can then go to the address associated with the IP address and attempt to get consent to perform a search or obtain a search warrant from a judge based on probable cause. 

First, never consent to a search. If the police have a valid reason for searching your property, they’ll get a warrant. If they have a warrant, be sure to pay attention to the scope of the warrant—meaning where and what they can search. 

The police have plenty of “tricks” they’ve learned in the line of duty to help ensure they can close a case. One way they do this with child pornography cases is to wait until an individual comes home and is alone before serving the warrant. That way, they can claim that the individual was in exclusive possession of the computer or phone they are seizing since they are the only one’s home. 

If other people are at home when the warrant is served, they would not be able to prove exclusive possession by their suspect unless they get some independent evidence of dominion and control. Such evidence is usually a statement by the suspect that he or she is the only one who uses the particular device they are referring to. 

If the police begin questioning you, with or without a warrant, know that you do not have to answer. It is often in your best interest not to answer. 

What Is a Defense to a Child Pornography Case? 

It is possible to put up an effective defense to an accusation of child pornography crime—even if police have seized digital devices. 

“Lack of possession and knowledge” means there is no intent on the part of the accused to prove the charge. For this defense to be used, the suspect cannot have claimed ownership of the pornography in question. Police cannot prove who downloaded and viewed any particular file if they only have the device. 

As with all criminal investigations by law enforcement, it is crucial that you do not speak to law enforcement and that you hire the best lawyer you can to deal with the police. Practically every time Mike G has had a client charged with possession of child pornography, it’s because they made a statement to the police that they were the only ones who used the particular device where the files were downloaded. 

Mike G Law has defeated child pornography charges for his clients when he has prevented the admission of inculpatory statements to prove knowledge and intent. 

How Can You Get Evidence Thrown Out For A Crime Involving Child Pornography? 

When people think of evidence, they usually think of some physical evidence like a gun or photograph. However, a statement made is also evidence, and it is probably the most common form of evidence used against people. An out-of-court statement is not usually admissible but can be admitted if it is an exception to the hearsay rule, such as an admission. When a suspect makes a statement, the court may admit it. Therefore, a police officer can come into court and tell the judge and jury what the defendant told them. A Motion to Suppress is a pretrial motion where a criminal defense lawyer asks the court to exclude specific evidence, including statements, because it would be illegal or unfair to admit them. 

For example, Mike G Law has successfully argued that certain evidence should be excluded because the police violated the law. If the police knock on a door and then barge in uninvited and immediately start questioning an individual about a criminal matter, and the person confesses or otherwise gives them information to charge him with a crime, a court can be asked to throw the statement and evidence out. Mike G stays on top of all search and seizure and other relevant case law in order to be able to identify opportunities to defend his clients and punish the police for violating their rights. 

Our Process: What to Expect From Your Tampa Child Pornography Lawyer  

When meeting with your child pornography defense attorney, the first step is to review your case during a free consultation. After the initial meeting, if both parties agree to continue with the attorney-client relationship, the lawyer will discuss the fee arrangement and next steps. 

Mike G Law offers payment plans and accepts credit cards for those who need financial assistance with their legal help. He firmly believes everyone has an equal right to fair representation. 

Next, Mike G will fight diligently to build a strong defense for your case. He is a no-nonsense lawyer who will provide you with excellent representation in front of the court. He guarantees you will receive a fair trial under his guidance. 

CALL (813) 221-4303 FOR A FREE AND CONFIDENTIAL CONSULTATION WITH A TAMPA CHILD PORNOGRAPHY DEFENSE LAWYER 

The consequences of not handling child pornography charges effectively are serious and could result in a child pornography conviction and long-term requirements, such as becoming a registered sex offender. Your best chance at building an effective child pornography defense will come from a legal representative with experience handling similar sex crime cases.  

If you are facing child pornography charges, find out how a Tampa child pornography attorney can help you. Contact Mike G Law to schedule a free consultation today.  

FAQs About Florida Child Pornography Charges Laws

Because of the severity of child pornography charges, it’s natural to have questions about what’s illegal under Florida law. You may also have questions about possible or pending charges if you previously engaged with child pornography. 

Below we answer some questions clients often ask regarding these sex crimes. 

Disclaimer: The answers to these questions do not constitute formal legal advice. You must hire a Tampa child pornography attorney for specific advice regarding your criminal case. 

Does Federal Law Prohibit Child Pornography Found on the Internet? 

Yes, federal law 18 U.S.C. § 2251 prohibits child pornography found on the internet. It’s likely that if one uses the internet to commit a child pornography violation, federal jurisdiction will apply. 

The pornography itself doesn’t need to travel across state lines or international borders for federal authorities to get involved. Suppose the materials storing child pornography, such as a computer or USB stick, originated or traveled in a different state or country. In that case, the federal government will have jurisdiction in the case. 

This means using the internet to view, download, or distribute child pornography could result in federal charges in addition to state charges. Because state and federal courts simultaneously have jurisdiction over a defendant, double jeopardy does not apply in child porn cases. 

Federal charges for child pornography crimes are more severe than state charges. 

What Should I Do if I Accidentally Download Child Pornography or Receive it Unsolicited in an Email? 

For the state to convict you of possessing child pornography, they must prove you knowingly had it. Law enforcement may see what the title of the file is on your computer to establish whether you have knowledge of the material or not. 

Further, to convict you of viewing child pornography, the state must prove the viewing was intentional. Statute 827.071 defines intentional viewing as deliberate, purposeful, and voluntary. 

To prove intentional viewing, law enforcement must establish you viewed pornography in multiple instances over a period of time. They can look at the file to see how many times you viewed it to prove intentional viewing. 

Viewing a file one time doesn’t constitute intentional viewing. If you opened a nondescript file you downloaded or received because you didn’t know what it contained, and it turned out to be child pornography, the state will not be able to prove you intentionally viewed the file. 

Therefore, if you unintentionally download child pornography or receive it unsolicited, you must destroy (delete) it immediately. If you are unsure how to delete the materials properly, contact a criminal defense lawyer for help. 

An attorney will contact law enforcement to have them properly remove the files. If you fail to destroy any child pornography in your possession immediately, the state can prosecute you for receiving or possessing the pornography under the fullest extent of the law. 

Can You Be Arrested for Monitoring the Internet for Child Pornography? 

Yes, even if you have good intentions, it’s still illegal to download child pornography from the internet and store it on a device, such as a phone, computer, or USB. 

Electronically sending pornography to “report” someone is also a crime. A jury could find you guilty of distributing child pornography. If you receive a conviction for the distribution of child pornography, you’ll face severe penalties. 

In the past, juries have found defendants who claimed to be reporters or researchers guilty of distributing child pornography. 

Further, Mike G advises not posing as a pedophile in internet chat rooms to lure criminals, as the state may use the evidence against you. Posing as a pervert may also impede legitimate police operations and cause you more trouble. 

If you must observe the internet for child porn, you should remain passive and report everything you see to the police immediately. Never download or distribute any files to your devices. However, Mike G recommends that you don’t monitor the internet and leave this task to the authorities. 

Can You Get in Trouble Just for Viewing a Website with Child Pornography? 

Yes, knowingly viewing child pornography in any capacity is illegal. 

Even if you aren’t downloading and possessing child pornography, it may be more challenging for the state to prove you committed a crime, but it is still illegal. Nonetheless, with more extensive access to search and browsing histories than ever, it’s becoming easier for law enforcement to go after those who knowingly watch child pornography online. 

If you accidentally come across a website with child pornography, contact your local police or the FBI. The National Center for Missing and Exploited Children also has a CyberTipline where you can report online sexual exploitation against children. 

Can Law Enforcement See What You Searched on the Internet? 

Law enforcement can use several tactics to identify what you searched for online. 

An investigation typically begins when law enforcement has traced child porn to a particular IP address. An IP address is a unique string of characters identifying electronic devices using the Internet Protocol to communicate over a network. Thus, law enforcement can identify who the device belongs to when they have an IP address. 

With this information, law enforcement will seize all your devices, including: 

• CDs 
• Computers 
• External hard drives 
• Phones 
• Tablets 
• USB drives 

Then, they will do a forensic search to determine how often you viewed, sent, or received child pornography. They may also view your internet search history, email files, or anything else on the devices to determine if you broke the law. 

Law enforcement will make a copy of everything they find to use as evidence in court should they determine to bring child pornography charges against you. 

What Are Child Exploitation Materials in Florida? 

Although the general public still uses the term child pornography, the government, law enforcement agencies, and child advocacy groups use “Child Sexual Abuse Material (CSAM)” instead. 

The definition of CSAM varies by country, but in the United States, it’s any visual, such as pornographic images or videos, that depicts sexually explicit conduct involving a minor (a person under 18 years old). 

Child advocacy groups like INHOPE and RAINN say CSAM is a better term because the term child pornography undermines the seriousness of the abuse occurring when these crimes take place. 

Additionally, society often uses pornography to describe consensual sex acts between adults, distributed and viewed for sexual pleasure. Using pornography in the context of children normalizes and legitimizes their sexual exploitation. It also implies consent, even though children cannot legally consent to sex acts.