Child Pornography

Respected Tampa Criminal Defense Lawyer Strategically Defending Clients Charged With Felony Sex Crimes

Being charged with a child pornography crime, whether in state or federal court, is both devastating and embarrassing. The shockwave from the allegation doesn’t only affect you, but your entire family. The Hillsborough County criminal defense lawyers at the Mayberry Law Firm have extensive experience successfully handling these complex, high-stakes cases. In many cases, we’ve been able to avoid our clients being forced to register as a sex offender or sexual predator. If you’re facing allegations involving the possession, distribution, or manufacture of child pornography, reach out to the Mayberry Law Firm to get started on your defense today. 

Remember, law enforcement will make every effort possible to lock their case down through an admission. For example, they may request help accessing devices or ask you to submit to a polygraph test. Don’t do their job for them. Instead, reach out to the Mayberry Law Firm, and we’ll deal with them. 

Florida’s Child Pornography Laws

Under Florida law, specifically Statute 827.071, it is a serious felony offense to possess any media—whether it be a photograph, exhibition, film, or other visual representation—that contains, in whole or in part, any depiction of a child engaged in sexual conduct. Florida Statute 827.071(1)(h) defines “sexual conduct” as including both actual or simulated acts such as sexual intercourse, sexual bestiality, deviant sexual behavior, masturbation, and sadomasochistic abuse. It also encompasses the lewd exhibition of genitals contact with the clothed or unclothed genitals, buttocks, or pubic area (or a female’s breast) with the intent to gratify sexual desire. Furthermore, any behavior amounting to sexual battery or the simulation thereof also qualifies.

Possession of each individual image, video, or representation constitutes a separate criminal charge. For example, possessing two distinct images involving a child in sexual conduct would result in two separate third-degree felony charges. Each charge carries a maximum sentence of up to 5 years in prison, with the possibility of the sentences being served consecutively and fines of up to $5,000. Perhaps the most lasting consequence, however, is mandatory registration as a sex offender, regardless of whether the judge opts for adjudication withheld as part of a plea agreement.

If a person possesses three or more duplicate copies of any photograph, film, exhibition, show, or other material that, in whole or part, depicts a child engaged in sexual conduct, they may be charged with a second-degree felony for promoting child pornography. The presence of multiple copies is seen by the legislature as indicative of an intent to promote or distribute these illegal depictions, justifying the enhanced penalties.

Child Pornography Investigations

Possession or promotion of child pornography charges often result in certain known files being transferred and flagged by an internet service provider. The provider then contacts the National Center for Missing and Exploited Children (NCMEC), who then confirms the file and refers the matter to local law enforcement. 

Depending on the situation, law enforcement may wait until more and more images are downloaded and distributed in order to build a stronger and more serious case. When they are satisfied, law enforcement will either ask a state or federal judge for a search warrant to search your computer and potentially other parts of your home and belongings. When this happens, you must comply with the warrant. However, you are not obligated to speak to the police. In fact, no Tampa child pornography attorney would advise you to do so. Speaking to the police in situations like this could amount to additional charges if there is evidence that you have traveled to meet a minor or engaged in some other lewd act. And even if it doesn’t result in additional charges, you could end up inadvertently helping the government’s case against you by giving law enforcement evidence it didn’t previously have or know about. 

Serious Child Pornography Charges Require a Serious Criminal Defense Attorney

Short of murder charges, sex crimes are the most aggressively prosecuted crimes on the books. If you’ve been charged with the possession, promotion, or manufacture of child pornography, reach out to the Mayberry Law Firm for immediate assistance. From the moment you bring us onto your case, we’ll have your back, ensuring that your rights are protected. To learn more about our firm and the services we provide, give us a call at 813-444-7435. You can also reach us through our secure online contact form.