Child pornography is considered a form of child sexual exploitation and abuse. Child pornography crimes are prosecuted to the fullest extent of the law by both Federal and State Prosecutors. If you are under investigation for or have been charged with committing a child pornography offense, the importance of having experienced and knowledgeable legal counsel cannot be overstated.

West Palm Beach child pornography lawyers have the resources and knowledge to thoroughly investigate the allegations against you. Speak with a skilled sex crimes attorney to build a defense strategy based on the unique circumstances of your case, and work to obtain the most favorable result possible for you and your loved ones.

Understanding Child Pornography Allegations

Child pornography means any image depicting a person under 18 years of age engaged in sexual conduct. The term sexual conduct means any of the following:

  • Actual or simulated sexual intercourse
  • Actual lewd exhibition of the genitals
  • Masturbation
  • Deviate sexual intercourse
  • Sexual bestiality
  • Sadomasochistic abuse
  • Actual physical contact with another’s clothed or unclothed genitals, pubic area, buttocks, or breast with the intent to arouse or gratify the sexual desire of either party or
  • Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed

The definition of sexual conduct specifically excludes a mother breastfeeding her baby. Florida law distinguishes between child erotica and child pornography. Child erotica (i.e. partial or full nudity of a child photographed in a manner that does not meet the definition of sexual conduct) is generally not illegal.

Potential Consequences Under Florida Law

Child pornography offenses can be prosecuted under Federal and/or State law. Federal jurisdiction is triggered if the child pornography offense occurred in interstate or foreign commerce. Child pornography means any visual depiction of sexually explicit conduct involving someone under 18 years of age. Any person who produces distributes, receives, or possesses child pornography is subject to Prosecution under Federal Law and should contact a West Palm Beach child pornography lawyer.

Florida Statutes criminalize the possession, distribution, transmission, and manufacturing of child pornography. Each image of child pornography can be charged as a separate offense. This means that a person who is discovered to have 15 images of child pornography can be charged will 15 counts of possession of child pornography. Possession and transmission of child pornography are classified as third-degree felonies, which is punishable by up to five years in prison and up to $5,000 in fines.

Registering as a Sex Offender

The promotion or production of child pornography is considered a second-degree felony, which carries a penalty of up to 15 years in prison and up to $10,000 in fines. Anyone convicted of a child pornography offense will be required to register as a sex offender or sexual predator (depending on the offense convicted of), which can limit their ability to obtain housing, employment, and other benefits.

Work with an Experienced West Palm Beach Child Pornography Lawyer

If you are facing child pornography charges, it is critical that you obtain legal counsel as quickly as possible. West Palm Beach child pornography lawyers have extensive experience successfully defending individuals against child pornography charges in Federal and State Courts. Attorneys can help individuals in many different situations involving live contact, online chat sessions, file sharing or swapping on the internet, video or photographs and also elicit hand-made drawings.

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