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Boca Raton Possession of Child Pornography Lawyers
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Boca Raton Possession of Child Pornography Lawyers
Possession of child pornography is a very serious offense that carries steep penalties in Boca Raton and across Florida. If you or a loved one finds themselves facing charges, it is critical to seek out an experienced criminal defense attorney as soon as possible. A skilled lawyer can analyze the details of your case, build a strong defense, and fight to protect your rights.
Overview of Florida Child Pornography Laws
Florida laws around child pornography are very strict, considering these materials to be severely abusive. It is illegal to possess, promote, or distribute pornography depicting minors under the age of 18. The definition of “promote” is quite broad – it includes copying, transferring, uploading, or even showing illicit images or videos to another person. Distributing child pornography to a minor under 16 is a separate felony offense with even harsher penalties1.Even downloading or viewing child pornography on the internet can lead to criminal charges for possession. Prosecutors do not need to prove that you actually sought out the illegal images. Simply having them stored on a computer or device that you own is enough to warrant charges in many cases.
Penalties for Possession of Child Pornography
A conviction for possession of child pornography – even a single illicit file – carries a mandatory minimum prison sentence of 21 months under Florida law, with no possibility of parole or early release. The maximum penalty is 5 years in state prison. Possessing 10 or more illegal images bumps the charge up to a second-degree felony, punishable by up to 15 years behind bars2.On top of incarceration, those found guilty also face steep fines up to $10,000. They must also register as a sex offender, which brings a number of restrictive probation terms and public shaming that lasts a minimum of 25 years after release from custody.
Building an Effective Legal Defense
Facing charges for child pornography can feel completely overwhelming. However, an experienced Boca Raton criminal defense lawyer can carefully examine the details of your case to identify weaknesses in the prosecution’s arguments. Some potential defenses include:
Lack of Criminal Intent – Simply viewing or downloading illicit materials is not enough to warrant criminal charges. Prosecutors must be able to prove that you intentionally sought out child pornography. For example, if someone sent you an unsolicited image that automatically downloaded to your device, you may lack the necessary criminal intent.
Invalid Search Warrant – If police seized your electronic devices or storage media through an invalid search warrant, the evidence may be excluded from your case. An attorney can scrutinize the warrant to check for technical errors or lack of probable cause.
False Accusations – You may be the victim of false allegations resulting from a bitter divorce, hostile workplace environment, or other personal disputes. While child pornography charges tend to be viewed in a very negative light, an attorney can carefully examine the facts to show you have been wrongly accused.
Unauthorized Access – It’s possible that illegal files were downloaded through malware or because someone else accessed your devices without your consent. Thorough digital forensic analysis can help demonstrate unauthorized access leading to false charges.
Choosing the Right Lawyer
Because the penalties for child pornography offenses are so severe, the quality of legal representation makes an immense difference. Be sure to choose an attorney with specific experience defending against these types of allegations in Boca Raton and surrounding areas of Florida.
During an initial consultation, a lawyer should be willing to ask difficult questions in order to understand all details that may impact your defense. Do they seem fully focused on your case? Are they judgement-free and willing to keep an open mind? It’s also important to understand their track record dealing with similar charges.
The costs of legal representation can add up quickly. Be sure to discuss attorneys’ fees and payment plans upfront, so you know what to expect. Some may offer flat rates or flexible payment options.