Criminal Defense Attorney in Miami Dade: Pornography Allegations

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14th Nov 2017

One of the most complex types of cases that a criminal defense attorney in Miami Dade may defend against is child pornography.  Due to the negative social stigma, a person who is facing these charges may deal with devastating and immediate effects on his or her life.  A criminal defense attorney in Miami Dade can explain the nature of the charges against you and help determine the possible defenses that may be raised.

Florida Statute 

Florida criminalizes the act of possessing a photo, video, exhibition, show or other representation that involves any sexual conduct by a minor to include simulated sexual intercourse, masturbation, lewd acts or other sexual acts.  This includes images and the like that depict a child’s clothed or unclothed genitals or other private areas of the body.

Child Pornography Charges 

Part of the seriousness of child pornography charges is that each separate image or representation can result in a separate charge.  Therefore, if a defendant has ten illegal images in his or her possession, he or she may face a separate count for each image.  Each count is punishable by up to five years imprisonment and a $5,000 fine, so a defendant in the position described above can face 50 years imprisonment and a $50,000 fine. Additionally, a person who is convicted of a crime of this nature may have to register as a sex offender.

Additionally, a person may face harsher penalties depending on certain factors.  For example, if a person has three or more duplicate copies of a pornographic representation, he or she can face charges for promoting child pornography, punishable by a second degree felony.   

Criminal Defense 

The nature of the charges against you may be very serious, so it is important that you contact an experienced criminal defense lawyer who can try to minimize the impact of these charges against you.