Mar 21, 2024

Child Pornography Defense Orlando FL Attorney

Child Pornography Defense Attorney Orlando Florida | Federal & State Charges

Defending Against Child Pornography Charges in Orlando, FL

If you or a loved one has been accused of possessing, distributing, or creating child pornography in Orlando, Florida – you need to contact our law firm immediately. Child pornography charges are extremely serious, and carry severe penalties if convicted. At Spodek Law Group, our Orlando child pornography defense attorneys have extensive experience defending clients against these charges. We understand the high stakes involved, and will fight aggressively to protect your rights and freedom.

The Severe Consequences of a Child Pornography Conviction in Florida

Criminal Penalties and Prison Sentences

A conviction for any crime related to child pornography can have devastating, lifelong consequences. In addition to lengthy prison sentences, those convicted will be required to register as sex offenders.

Your reputation will be permanently tarnished. This can make it nearly impossible to find employment, housing, or live a normal life.

That’s why it’s absolutely critical to have a skilled defense team on your side from the very beginning. Our Orlando child porn lawyers will thoroughly investigate the charges against you, and build a strong, strategic defense. We’ll look for any weaknesses in the prosecution’s case, and work tirelessly to get the charges reduced or dismissed entirely. Your future is on the line – don’t take chances with an inexperienced attorney.

Understanding Florida Child Pornography Laws

Under Florida Statute Section 827.071, child pornography includes:

• Any image depicting a minor engaged in sexual conduct
• Images created, altered, adapted, or modified to portray an identifiable minor engaged in sexual conduct

Key penalties under Florida law include:

• Possession: Third-degree felony with up to 5 years in prison per image
• Distribution/Transmission: Third-degree felony punishable by up to 5 years
• Possession with intent to promote: Second-degree felony with up to 15 years in prison

Sex Offender Registration Requirements

Florida’s sex offender registry requirements are among the strictest in the nation:

• Basic offenders: Must register twice yearly
• Sexual predators: Must register four times per year
• Residency restrictions: Cannot live within 1,000 feet of schools, parks, or childcare facilities
• Lifetime registration: Required for most child pornography offenses

Potential Defenses Against Child Pornography Charges

Every criminal case is unique, with its own set of facts and circumstances. A defense that may work well in one child pornography case might not be effective in another. That’s why our knowledgeable Orlando child porn defense lawyers will carefully examine all the evidence, to determine the best approach for your particular situation.

Constitutional Defenses and Fourth Amendment Violations

Some potential defenses that may apply in a child pornography case include:

• Constitutional violations: If law enforcement violated your constitutional rights in obtaining evidence against you, such as through an illegal search, that evidence may be excluded from trial. This could significantly weaken the prosecution’s case.

The Fourth Amendment protects against unreasonable searches, and courts have held that warrantless searches of electronic devices often violate constitutional rights.

Content-Based Defenses

• Arguing the images are erotic, not pornographic: Under Florida law, there is a distinction between erotic images and pornographic ones. If the images in question are more erotic in nature, and don’t depict sexual acts, this could be a viable defense.
• Challenging the age of the individuals: In some cases, it may be possible to argue that the individuals in the images are actually adults, not minors. This is more likely to be a defense in production cases, rather than simple possession.

Knowledge and Intent Defenses

• Unwitting possession: If child pornography ends up on your computer without your knowledge, such as through an unsolicited email attachment, you may have an “unwitting possession” defense. However, you must take steps to delete the material immediately upon discovering it.

According to federal law enforcement guidelines, proving knowing possession is a critical element that prosecutors must establish.

An experienced Orlando child pornography defense attorney will know how to spot the issues in your case, and craft the most persuasive arguments on your behalf. At Spodek Law Group, we leave no stones unturned when it comes to defending our clients.

Federal vs. State Child Pornography Charges

Federal Jurisdiction and Penalties

Federal child pornography laws apply when:

• Images cross state lines
• Internet or electronic communications are used
• Multiple jurisdictions are involved

Federal mandatory minimums include:

• Simple possession: No mandatory minimum, up to 10 years
• Receipt/Distribution: 5-year mandatory minimum
• Production: 15-30 year mandatory minimum

Enhanced Penalties for Prior Convictions

Those with prior sex offense convictions face dramatically increased penalties:

• Possession with prior: 10-20 years mandatory
• Receipt/Distribution with prior: 15-40 years mandatory

Technology and Digital Evidence in Child Pornography Cases

Hash Value Technology and Private Searches

Modern child pornography investigations often involve automated scanning by tech companies like Google, which use “hash value” technology to identify suspected illegal content.

However, the Ninth Circuit has held that these private searches must still comply with Fourth Amendment protections when law enforcement becomes involved.

Challenges to Digital Evidence

Defense strategies may include:

• Challenging the accuracy of hash-matching algorithms
• Questioning chain of custody for digital evidence
• Demonstrating shared computer access
• Proving lack of actual viewing or downloading

Child Pornography Defense Orlando FL Attorney