The possession of child pornography is a serious offense with the possibility of severe punishment. Often, the creation of such material victimizes children. As a result, both society and the criminal justice system penalize the possession of child pornography very aggressively. Because of this, individuals accused of committing this crime should speak to an experienced attorney as quickly as possible.
Definition of Child Pornography
Under Florida law, child pornography is any image depicting a minor engaged in sexual conduct. A minor is considered anyone under the age of 18. Sexual conduct is defined as:
- actual or simulated sexual intercourse or masturbation;
- the actual lewd exhibition of the genitals;
- actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or female breast with the intent to arouse or gratify the sexual desire of either party; or
- any act that constitutes sexual battery or simulated sexual battery.
Possessing
Pursuant to §827.071, it is unlawful to knowingly possess or intentionally view material that involves any sexual conduct by a child. A child, like a minor, is defined as anyone under the age of 18. A violation of this law is a third degree felony. It is important to note that each piece of material possessed or each viewing of such material is considered a separate offense. Additionally, if the material contains sexual conduct by more than one child, it is considered a separate offense for each child involved.
It is also illegal to possess with the intent to promote any photograph, motion picture, show, representation, or other presentation which includes any sexual conduct by a child. The possession of three or more pieces of material is prima facie evidence of the intent to promote. This means that, if a person has three or more pieces of material, there is enough evidence to prove the person had the intent to promote, unless contradictory evidence is shown. Possession with the intent to promote is a second degree felony.
Transmission
A crime related to possession and possession with intent to promote is the transmission of child pornography. According to §847.0137, this is committed if a person knew or reasonably should have known that he or she was transmitting child pornography to another person. This is applicable to an individual in Florida transmitting to someone outside of Florida, as well as to an individual outside of Florida transmitting to someone in Florida. This offense is a third degree felony.
Sex Crimes Attorneys
Being accused of any crime related to child pornography can have devastating consequences, even if you are eventually declared innocent. If you are convicted, you will face a significant fine and time spent in prison. You should speak to an attorney at Farkas & Crowley, P.A. as soon as possible if you have been charged with an offense related to child pornography and possible designation as a sex offender. Contact us today and let us help you protect your rights.
