Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: April 14, 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.
Contact Our Firm
Our Orlando Office
What Our Clients Say
“Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!"
Susan Dolan5-star Google Review
“By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A."
Michael Hoffman5-star Google Review
“O’Mara Law Group I would highly recommend Mark O’Mara to anyone seeking legal representation and will keep your best interest at the forefront. Should a situation arise, I would not hesitate to obtain representation from the O’Mara Law Group."
Mike Shwagger5-star Google Review