West Palm Beach Child Pornography Lawyer

Child Porn Charges Are Very Serious. We Can Help.

A child pornography charge puts you in a difficult position from the start. Some people will immediately presume you are guilty due to the stigma associated with sex crimes. Defendants charged with child pornography offenses in Florida need more than just procedural representation – they need the assistance of experienced legal counsel who can work towards alleviating the potentially unfair treatment by law enforcement, prosecutors, and the community. That’s why you need the help of our skilled West Palm Beach child pornography lawyers at Perlet & Shiner, P.A. by your side to help fight these serious charges. We have former sex crimes prosecutors who are highly experienced in their area.

To request a free initial consultation, call (561) 721-0552.

What Are the Penalties for Child Pornography?

Child pornography charges carry harsh punishments that have actually increased in recent years. Congress has created longer sentences for child pornography crimes and has also required the U.S. Sentencing Commission to use stricter sentencing guidelines for these offenses. In fact, in the last 15 years, child pornography sentences have increased by 500%.

Images of child pornography are not protected under the First Amendment, and are considered illegal contraband under federal law. The statutory definition of child pornography in Florida includes any image that shows individuals under the age of 18 engaging in sexual acts. The specific term used in state statutes is “sexual conduct,” which implies acts ranging from nudity to intercourse, and from masturbation to sexual battery or punishment.

Child pornography can include:

• Photographs
• Videos
• Digital or computer-generated images
• Undeveloped film
• Undeveloped videotape
• Electronically stored data

Statutes 827.071, 847.0135 and 847.0138 make it illegal for anyone to view, possess, transmit or produce any type of graphic content that depicts child pornography as defined by Florida state laws.

Although child pornography in the 21st century often is associated with the internet, Florida statutes extend to offline situations and even live exhibitions. Possession of photos or digital images depicting child pornography is illegal, and charges most likely will be filed even if the accused claims he or she didn’t know that the photos were of minors. Your West Palm Beach sex crime attorney should tell you that ignorance is not a valid defense against child pornography possession charges in Florida.

Charges for Possession

All violations of child pornography law are serious crimes. If you are convicted, you face severe statutory penalties:

• A first-time offender convicted of producing child pornography faces fines and a statutory minimum of 15 to 30 years in prison.
• A first-time offender convicted of transporting child pornography through interstate or foreign commerce faces fines and a statutory minimum of 5 to 20 years in prison.
• Convicted offenders can face harsher penalties if they have prior convictions or if the child pornography offense occurred in aggravated situations.
• Aggravated situations include those where the minor was sexually abused or the offender had prior convictions for child sexual exploitation. Images that are violent, sadistic, or masochistic in nature are also included in the criteria for an aggravated situation. In these circumstances, a convicted offender can face a lifetime of imprisonment.

Federal Laws on Child Pornography

When child pornography crosses state lines, or when it is connected to international distribution, charges could be filed at the federal level. Federal penalties are much more severe, with convicted first-time offenders facing significant prison sentences. Both state and federal courts might consider applying a criminal offense enhancement to child pornography charges if the evidence suggests that pre-pubescent minors were involved. Registration as a sex offender can be expected upon conviction.

Child Porn on Computers

In cases involving child pornography, materials found on desktop or portable computers, iPhones, iPads, and other cell phones, defense attorneys usually consult with forensic experts. They try to find out if the images were viewed, accessed or manipulated. In the absence of clear actions taken on the files, it could be argued that they were accidentally downloaded or opened, or were placed there by someone else with access to the computer.

Forensic computer investigations in child pornography cases also could reveal that a defendant was the victim of Cybercrime. This is not out of the realm of possibility, as hackers have become increasingly skilled at compromising computers connected to the internet. In some cases, the forensic computer investigation could prove that the subjects appearing in the images or videos in question are not minors, as alleged. Sometimes, more than one person had access to your device, which may be an absolute defense to your case.

How Perlet & Shiner, P.A. Can Help You

If you’ve been charged with possession or manufacturing of child pornography, call us immediately, prior to making any statements to police. Retaining a West Palm Beach criminal defense lawyer from our firm can give you the best chance of obtaining a favorable outcome.

For more information, please get in touch with our firm.

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