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Internet Sex Crimes in Florida: Child Pornography, Solicitation and Obscenity Laws
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Internet Sex Crimes in Florida: Child Pornography, Solicitation and Obscenity Laws
The internet has opened up a whole new world of opportunity for sex offenders and predators. With just a few clicks, criminals can access and distribute illegal content or solicit minors for sexual conduct. Florida has enacted a number of laws to crack down on these dangerous online activities.
In this article, we’ll take a look at some of the major internet sex crimes prohibited under Florida law, including:
- Child pornography
- Soliciting children online
- Transmitting obscene materials
We’ll also discuss the penalties for breaking these laws, and some of the defenses that skilled criminal lawyers use. Let’s dive in!
Child Pornography Laws
One of the most serious internet sex crimes is the possession, distribution or creation of child pornography. This refers to sexually explicit images or videos of minors under the age of 18. Florida has strict laws prohibiting child porn:
- It is illegal to possess or control any image showing a minor engaged in sexual conduct – this includes downloading child pornography[3].
- It is illegal to distribute child pornography through any means, including sharing it online or via email[3].
- It is illegal to create child pornography by filming or photographing minors engaged in sexual acts[3].
Violating Florida’s child porn laws is always a felony. Even possessing a single illegal image carries a 5 year maximum prison sentence and $5,000 fine[3]. Anyone who distributes or creates child pornography faces up to 30 years behind bars[3].
These harsh penalties show how seriously Florida takes internet crimes involving minors. But sometimes, innocent people get caught up in child porn investigations too. For example, someone could download an illegal image without realizing it. A skilled criminal defense lawyer can argue these cases and potentially get charges reduced or dismissed.
Soliciting Children Online
Another dangerous internet sex crime is soliciting minors online for unlawful sexual conduct. This crime often involves an adult predator using chat rooms, apps or social media to contact and groom an underage victim.
Florida law prohibits both:
- Soliciting a child – It is illegal for an adult to contact a minor online and attempt to solicit or lure them into any sexual activity[1][4].
- Soliciting a parent – It is also illegal for an adult to solicit a minor’s parent or guardian, asking them to allow unlawful sexual conduct with their child[2].
Like child pornography crimes, soliciting a child online is a felony. A conviction can lead to 5 years imprisonment and a $5,000 fine[2]. The penalties are even harsher if the predator misrepresents their age or distributes sexual images to the minor[2].
These laws are designed to protect minors from adult sexual predators on the internet. But sometimes, the “child” being solicited is actually an undercover cop. This does not provide a legal defense, however[2]. An experienced criminal attorney may be able to get charges reduced or dropped by challenging the investigation tactics.
Obscenity and Transmitting Obscene Materials
Florida also has obscenity laws banning the transmission of “obscene” sexual content over the internet. This includes[3]:
- Obscene videos, images
- Obscene online communications
- Obscene telephone calls
- Obscene emails
To violate this law, the sexual content must be found “obscene” by community standards. Hardcore pornography is not necessarily obscene. Instead, obscenity usually refers to extreme fetish content like[5]:
- Simulated rape
- Simulated underage sex
- Bestiality
- Scat/pee porn
Distributing truly obscene content over the internet is a 3rd degree felony under Florida law, punishable by 5 years maximum behind bars[3]. However, the legal definition of “obscenity” is complex. A skilled lawyer may be able to argue the material does not meet the criteria.
Defending Internet Sex Crime Cases
As we have seen, Florida laws prohibit a wide range of “internet sex crimes” ranging from child porn to obscenity. The penalties are severe, especially when minors are involved. But these cases can be defended.
Here are some strategies a knowledgeable defense lawyer might use:
- Challenge probable cause – Was the investigative method used to find the illegal images or communications valid? Did police have a warrant, or was there some other exception to the warrant requirement[5]?
- Argue free speech – While child pornography has no First Amendment protection, other forms of sexual speech may be protected. A lawyer could argue the material was not truly “obscene” by legal standards[5].
- Dispute intent – Did the defendant knowingly possess or distribute illegal content? Could it have been downloaded accidentally[5]?
- Seek reduced charges – Defendants with no criminal history may be able to get charges lowered to a misdemeanor, avoiding jail time[5].
Having an assertive lawyer makes all the difference in these cases. Don’t hesitate to contact an experienced criminal defense attorney if you are facing charges.
The Bottom Line
Florida has strict laws banning child pornography, soliciting minors online, and transmitting obscene materials over the internet. The penalties for breaking these laws are severe, typically involving years in prison. But an experienced sex crimes lawyer can carefully analyze the case and identify potential defenses. In some cases, charges can be reduced or even dismissed. Don’t take chances – get experienced legal help right away.
References
[1] Florida Internet Solicitation Laws, Penalties and Definitions
[2] Florida Statute § 847.0135(5)
[4] Florida Internet Solicitation Charges, Laws, Definitions, and Penalties
[5] Florida Statute 847.011 | West Palm Beach Criminal Lawyer