Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: March 24, 2023
Florida law takes accusations of possessing or distributing child pornography very seriously and being charged or convicted of a child pornography crime will change your life forever. The personal and professional ramifications of these crimes are serious in addition to the criminal penalties faced if you are found guilty. Do not take a chance with your freedom and reputation – call the Orlando child pornography lawyers at the O’Mara Law Group today. We are board-certified criminal defense attorneys with over thirty five years of combined experience defending clients against these types of accusations and can help you, too.
Florida Child Pornography Laws
Florida protects children from sexual exploitation through the use of serious child pornography laws. It is illegal to induce a child under the age of eighteen to engage in a sexual performance, promote the sexual performance of a child, possess with the intent to promote any materials which include the sexual conduct by a child, or knowingly possess, control, or intentionally view any materials of child pornography, even if done in the privacy of your own home.
The severe consequences of a child pornography conviction cannot be overstated. Even an accusation of child pornography can end marriages, get your children taken away, and have you fired from your job. Knowingly possessing, controlling or intentionally viewing child pornography is a third degree felony. Conviction comes with registration as a sex offender, up to five years in prison, and a fine up to $5,000. Use of a child in a sexual performance, promoting the sexual performance of a child, and possession of child pornography with the intent to promote are second degree felonies. It comes with up to fifteen years in prison, a fine up to $10,000, and registration as a sex offender.
Defenses to Child Pornography Charges
There are many reasons why you may be wrongfully accused of a child pornography charge, and many defenses available to these accusations. If child pornography materials are found on a shared work computer or space with public access, one defense is that you were not in actual possession of the materials. A forensic computer analysis can prove who was actually on the computer at the time that the material was accessed or downloaded. Another common defense is unintended possession, if the material was accessed or downloaded because of a computer virus, ransomware, or other malicious online activity.
The content in question may not be child pornography, which is another defense to these crimes. If all involved are not minors or it meets an exemption to the laws, such as material for educational or scientific purposes, it is not child pornography. Finally, the materials in question may have been discovered as a result of an illegal search. An experienced criminal defense attorney can review the facts of your case and advise you on your best strategy for a defense.
You Need To Speak With an Orlando Child Pornography Lawyer Today
Even the mere accusation of possessing or distributing child pornography can completely ruin your life, so if you suspect that you may be charged with one of these crimes it is imperative that you speak with an attorney immediately. At the O’Mara Law Group, we utilize a team approach to build the best possible defense for your case. Call or contact us today to speak with one of our experienced Orlando criminal lawyers.
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