Child Pornography Charges

According to one study, the exposure of kids to Internet pornography is affecting the development of harmful sexual conduct. The average age at which someone first perpetrates sexual violence is 15-16, and this perpetration is associated with pornography exposure. Child pornography charges, whether they involve viewing, making, or distributing child pornography, should be taken seriously. Bradenton child pornography lawyer Will Hanlon fights for people accused of this crime and other sex offenses, such as statutory rape. Even if the situation seems bleak, we may be able to help you.

Florida Statute section 847.001(3) defines child pornography as any image depicting a minor who is engaged in sexual conduct. It can be anyone who is under the age of 18. Sexual conduct under the statute is broadly defined and may include actual and simulated sexual intercourse, in addition to masturbation, bestiality, lewd exhibition of genitals, S&M, touching female breasts, or sexual battery.

In order to obtain a conviction, a prosecutor will need to prove beyond a reasonable doubt that you: (1) knowingly and (2) intentionally viewed, controlled, or possessed (3) a motion picture, computer depiction, image, data, exhibition, show, photograph, or other presentation that (4) you knew to contain sexual conduct by a child. Viewing, possessing, and controlling of child pornography can result in multiple charges, one for each item of child pornography. When there are multiple children in the piece of child pornography at issue, you can be charged separately for each child. Needless to say, this can result in an extremely challenging case with a lot at stake and very serious penalties, so retaining a child pornography attorney in Bradenton may be critical.

Possession of child pornography is a third-degree felony. A conviction comes with a potential 5-year prison sentence, 5 years on probation, and a $5,000 fine. However, producing or promoting child pornography is even more serious than viewing it and is charged as a second-degree felony. Second-degree felonies can result in 15 years’ imprisonment or probation, as well as a $10,000 fine. If you direct, product, or promote a performance including sexual activity by a minor, you can be convicted of promoting child pornography. If you have three or more copies of porn, this is taken as intent to promote.

For some people, the stigma of needing to register as a sex offender for the rest of their life is as weighty as incarceration. If you are convicted of a child pornography crime, you will likely need to register as a sex offender. Since sex offender registration is public, prospective spouses, bosses, neighbors, teachers, and others are able to access the information that you were convicted of a child pornography charge. You may face greater difficulties in relationships, getting a job, renting a home, or going to school.

Depending on the circumstances, a Bradenton child pornography attorney may be able to craft a strong defense. Certain defenses are substantive. If it turns out that the person depicted in the pornography is not actually a minor but simply a young-appearing adult, this is a substantive defense to the crime of child pornography. In other cases, your receipt of child pornography may have been inadvertent. If you deleted it right away, and the image remains in the cache, it may be possible to negate the element of knowingness.

In some instances, law enforcement officers commit constitutional or procedural violations when conducting a search and seizure. Generally, to search your home computer, a police officer or detective would need to obtain a search warrant. To get a warrant, the police must have had probable cause, and if we can show that they did not have probable cause, it may be possible to get the evidence that was seized suppressed.

Child pornography charges come with serious penalties, including the possibility of incarceration, fines, and being designated as a sex offender. People being investigated or charged with child pornography need an experienced and skillful criminal defense attorney. Will Hanlon has represented people accused of crimes since 1994. Call Hanlon Law at 941.253.0254 or complete our online form.