Child pornography is regarded as a very serious criminal charge which carries severe punishments for those convicted of the crime.
This is because when the safety and welfare of minors is involved, the laws generally are quite strict. These offenses are broken down into several different sections that vary based on severity and commonly include possession, distribution, or production. A conviction of a child pornography charge can extremely alter a person’s way of life and greatly limit their freedom.
If you have been charged with such a crime, consult with an aggressive Broward County child pornography defense lawyer. Understanding the charges and learning how to proceed properly may help mitigate potential consequences. A skilled sex crimes attorney at Leifert & Leifert may be able to help assess all available legal options based on the unique circumstances of your case.
Understanding Child Pornography Laws
In Broward County, child pornography laws are typically implemented to protect minors against sexual exploitation in visual materials. These materials commonly include photographs, videos, DVD’s, and online visual media.
Under Florida law, you may be charged for child pornography if you produce or distribute a prohibited visual material involving a minor who is under the age of 18. Similarly, you can be charged with child pornography for viewing or possessing pornographic materials involving minors. Possessing or viewing sexually explicit material of a minor in the privacy of your home also does not generally exclude you from potential child pornography charges.
A child pornography charge or conviction can be extremely harmful to your personal and professional life. In addition to possibly receiving serious fines and penalties, a judge may order you to register as a sexual offender on the Florida Sex Offender Database. This database is fully accessible to the general public online.
If you are currently facing child pornography charges, you may need one of our experienced criminal defense attorneys on your side. A Broward County child pornography lawyer may be able to help you achieve a more positive outcome.
Potential Offenses in Broward County
Several offenses can qualify as child pornography under the law. Those offenses typically include the following:
- Using a child in a sexual performance during which the offender employs or allows a child under 18 to take part in a sexual performance
- Promoting a child in a sexual performance by directing or producing the sexual performance of a child under 18 years of age
- Possessing – with the intention of promoting – any visual material including photographs, movies, or other representations involving sexual conduct by minors
- Knowingly controlling or possessing pictures, videos, images (including computer images), or other visual representations that exhibit sexual conduct by minors
Child pornography offenses are generally considered felonies under the law. Depending upon the specific circumstances, the prosecution may charge the defendant with a second-degree felony or a third-degree felony.
A Second-Degree Felony for a child pornography charge is typically incurred when a person is accused of using a child in a sexual performance, promoting a sexual performance by a child, or possessing pornographic material of a minor with the intent to promote. Generally, when a person is charged with a third-degree felony for a child pornography offense, it is because the individual allegedly knowingly possessed, controlled, or viewed pornographic material of a person under the age of 18.
Potential Punishments
A conviction for either a second-degree or third-degree felony for a child pornography charge can strongly and negatively impact your livelihood. In Broward County, a second-degree felony involving child pornography typically carries with it a prison sentence of up to 15 years, along with $10,000 in monetary fines.
While commonly known as a lesser offense, a third-degree felony conviction may still severely limit your freedom. This charge usually carries a prison sentence of up to five years, along with $5,000 in monetary fines. Therefore, it may be essential for you to reach out to an experienced Broward County child pornography lawyer.
Mitigating Potential Consequences
In some cases, a valid legal defense for a child pornography charge may be entrapment. When a law enforcement officer entraps or tricks a person into committing an alleged offense, it is typically treated as a valid legal defense. Additionally, a person who can show that, absent the entrapment, they would not have otherwise allegedly committed the offense may be able to substantially strengthen their legal defense.
While a person who is charged with a child pornography offense may not have initially known the content was of a minor, they still may not typically use lack of knowledge as a valid legal defense in Broward County.
Consulting a Broward County Child Pornography Attorney
In addition to the potential jail time and monetary fines involved, a child pornography conviction may cause loss of employment and disrupt a person’s livelihood.
If you are facing child pornography charges, contact one of our dedicated attorneys at Leifert & Leifert. A Broward County child pornography defense lawyer could work with you to raise a credible legal defense. Call Leifert & Leifert today to schedule for a free consultation to get started building your defense.
