Miami Child Pornography Charges: Penalties and Sentencing

Miami Child Pornography Charges: Penalties and Sentencing

Child pornography is a serious crime that can lead to severe consequences in Miami, Florida. Being charged with possession, distribution, or production of child pornography can negatively impact your life and freedom. Understanding the laws, penalties, and possible defenses is crucial if you are facing such allegations.

What is Considered Child Pornography in Florida?

Florida law defines child pornography as “any image depicting a minor engaged in sexual conduct.”[1] This includes photos, videos, shows, data files or “any other presentation” with a minor under 18 engaged in:

• Sexual intercourse
• Deviate sexual acts
• Sexual bestiality
• Masturbation
• Sadomasochistic abuse
• Lewd exhibition of genitals

Simply possessing, controlling, or viewing child pornography is illegal under Florida Statute 827.071(5)(a).[2] Distribution and production carry even harsher penalties.

Child Pornography Charges and Penalties

There are a few different laws in Florida dealing with child pornography and associated penalties:

• Florida Statute 847.0135: Covers the Computer Pornography and Child Exploitation Prevention Act, defining prohibited computer usage regarding child porn.
• Florida Statute 847.0138: Discusses the unlawful transmission of images, data, or other information depicting child sexual conduct.
• Florida Statute 827.071(5)(a): Defines different types of child sexual performance and penalties.

To be convicted, the prosecution must prove beyond reasonable doubt that you knowingly possessed, manufactured, promoted, or distributed child pornography. [3]

Given the complexity, it’s advisable to have an experienced criminal defense attorney represent you. They can navigate the laws and build the strongest defense.

Sentencing and Penalties

Penalties vary based on the exact offense, but generally include fines, probation, imprisonment, and sex offender registration:

• Possession of child pornography is a 3rd degree felony. Punishable by up to 5 years in prison and a $5,000 fine per image/minor depicted. [4]
• Distribution is a 2nd degree felony. Punishable by up to 15 years in prison and a $10,000 fine per image/minor depicted. [3]
• Production is a 1st degree felony. Punishable by up to 30 years in prison and a $10,000 fine per image/minor depicted. [5]
• Additional circumstances like sharing pornographic images of a minor, even if obtained consensually, can lead to further charges like sexual cyberharassment. [3]
• Federal charges often carry harsher penalties – 5-20 years for distribution/transport and up to 10 years for possession. Penalties increase with prior convictions. [6]
• Sex offender registration is required upon conviction. This brings restrictions on where you can live, work, and more. [4]

With the stakes so high, skilled legal guidance is critical when facing allegations. An attorney can identify weaknesses in the prosecution’s case, negotiate for reduced charges, and build the strongest defense possible.

Defenses Against Child Pornography Charges

While child pornography charges should always be taken seriously, there may be defenses that an attorney can raise on your behalf:

• Mistaken age – You reasonably believed any minors depicted were 18 or older.
• Mistaken identity – Someone else used your device or IP address to access illegal content.
• Unintentional access – Pop-ups, spam emails, mislabeled links led you to child porn without intent.
• False allegations – Someone is falsely accusing you of possession or distribution of child porn.
• Illegal search – Law enforcement conducted an illegal search, violating your 4th Amendment rights.
• Entrapment – You were induced by law enforcement to obtain child porn you otherwise wouldn’t have accessed.

An experienced lawyer will thoroughly investigate the specifics of your case to determine if any of these defenses may apply.

Reporting Suspected Child Pornography

Florida Statute § 847.0139 provides immunity from prosecution if you report child pornography to law enforcement. [3] If you come across child porn, report it immediately to avoid potential possession charges.

Seek Experienced Legal Representation

Facing allegations of possessing, distributing, or producing child pornography can have devastating consequences on your freedom, finances, and reputation. Florida does not take these charges lightly. An experienced criminal defense attorney can advise you of your rights, build the strongest defense for your unique circumstances, and try to mitigate penalties if convicted. With so much at stake, skilled legal guidance can make all the difference.