Possession of child pornography is treated with extreme severity under the law, yet because of the realities of life in the computer age, an individual can be found to possess such material without even being aware of it.
Images that violate Florida or Federal laws may be buried on the hard drive of a computer purchased from or used by another, yet if those images are found by law enforcement officials, the owner of the computer faces serious felony charges.
If you have been charged with a crime involving child pornography, it is essential to seek counsel from an experienced Ft. Lauderdale child pornography lawyer who can provide the best possible representation. An experienced sex crimes attorney can benefit you by preparing you for what to expect and ensuring that the strongest possible defense is built on your behalf. To learn more or get started building your defense, consult with an attorney today.
Federal Law Definitions
Because child pornography has become such a big concern, both states and the federal government have enacted detailed statutes defining prohibited behavior and setting forth penalties to be imposed. Federal law on the subject is found in Sections 2251 through 2260 of Title 18, the US Criminal Code.
The US statutes define child pornography as “any visual depiction” which appears to depict a minor engaging in “sexually explicit conduct.” The types of conduct included in this definition which a child pornography attorney in Ft. Lauderdale can help defend against are also outlined in this section.
It is worth noting that the image may be prohibited even if it is computer-generated or the conduct depicted is simulated.
State Law Definitions
The definition of child pornography under Florida law is similar but not quite the same, it is “any image depicting a minor engaged in sexual conduct.” Notice that the word “explicit” is not included in the state definition.
The statute sets forth behaviors that are considered “sexual conduct” in Section 847.001(16), and further defines terms under that definition in other subsections. In other words, the law is very detailed to afford minors as much protection as possible.
Prohibited Conduct
State and federal laws prohibit a list of certain behaviors in connection with child pornography. Generally speaking, it is not only illegal to create such material, but illegal to sell, transfer or show it to others, to view it, or even to possess it.
To encourage reporting of any suspected child pornography, state law provides specific immunity from civil suits for those who report their suspicions to authorities.
Depending on the circumstances, possession of child pornography can be treated as a second or third-degree felony under Florida law, punishable by up to fifteen years in prison and a fine of up to $10,000.
Talk to a Ft Lauderdale Child Pornography Attorney Today
Not only is child pornography a subject that can be prosecuted under both state and federal law, it is also interpreted differently in case law. In order to prepare the best possible defense based on a set of circumstances, it is important to work with an attorney who is well versed in the subject.
A knowledgeable Ft Lauderdale child pornography lawyer will know how the applicable laws fit with your situation and how to build a defense with the greatest potential for a favorable outcome. If you are facing charges involving child pornography, contact a skilled attorney today.
