12th Jul 2016

Child pornography charges are some of the most serious that a criminal defense attorney in Miami Dade handles.  With potential federal and state criminal implications, a conviction can forever alter the defendant’s life.  A criminal defense attorney in Miami Dade can discuss the types of acts that can result in criminal charges, the possible penalties and any applicable defenses.

Florida law defines child pornography as any type of image or depiction such as a photo, video or computer file that shows a child under the age of 18 engaging in sexual conduct.  The term sexual conduct has myriad definitions and inclusions such as sexual abuse, exposing genitals, sexual intercourse and other stimulation to the sexual organs.

Due to the seriousness of these crimes, strong penalties can result if convicted.  There are harsh penalties for such acts as distributing, transmitting, creating or possessing child pornography in Florida.   A third degree felony can result from possession, viewing or controlling child pornography.  Such a crime has a maximum punishment of five years’ incarceration and fines up to $5,000.  A second degree felony can be charged if the individual is responsible for promoting or producing the material, potentially resulting in a maximum sentence of 15 years in prison and fines up to $10,000.  Individuals who have a criminal history can receive even harsher sentences.  Additionally, defendants may have to register on the Florida sex offender registry.

In order to heed off these serious consequences, individuals facing child pornography allegations should seek immediate legal counsel.  There may be viable defenses available including misunderstandings, not being in possession of the item that was used to obtain these images or alibi defenses.  In some cases, charges may never be filed if a person has competent legal representation.   In other cases, dismissal may result.

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