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Child Pornography FAQs
Highly Experienced Tampa Criminal Defense Attorney Dedicated to Defending Clients Charged with Potentially Life-Changing Sex Crimes
If you’re facing child pornography charges in Hillsborough County, one of the most important things you can do is to ensure you fully understand the allegations against you, what’s at stake, and what possible defenses may mitigate your exposure. At the same time, being charged with the possession, distribution, or manufacture of child pornography can feel overwhelming—even crippling. But you have an ally in the Mayberry Law Firm.
At the Mayberry Law Firm, our Tampa child pornography lawyer has extensive experience aggressively defending clients against the exceptionally harsh consequences a conviction brings. We understand the best defenses to child pornography offenses, when they apply, and how to use them to ensure your case ends with the best result possible.
Need-to-Know Child Pornography FAQs
Attorney Jason Mayberry founded the Mayberry Law Firm on two core principles. First, everyone is entitled to a vigorous defense regardless of the allegations against them. Second, the first step to a solid defense is a firm understanding of the law, which is why we put together the following list of child pornography FAQs.
- What Constitutes Child Pornography Under Florida Law?
- What Are the Penalties for Possessing Child Pornography in Florida?
- Can I Be Charged for Accidentally Downloading Child Pornography?
- What Defenses Can Be Used Against Child Pornography Charges in Florida?
- When Can Law Enforcement Legally Search My Computer for Child Pornography?
- Are You Facing Child Pornography Charges in Hillsborough County?
What Constitutes Child Pornography Under Florida Law?
In Florida, child pornography refers to any image or video depicting a person under the age of 18 engaged in sexual conduct. This includes the production, possession, distribution, or transmission of such materials. Even if the minor consents to the creation of the image or video, it is still considered illegal because, under Florida law, minors cannot consent to the creation of child pornography.
What Are the Penalties for Possessing Child Pornography in Florida?
Possession of child pornography in Florida is a felony. If convicted, you could face substantial fines, mandatory registration as a sex offender, and prison time ranging from several years to life in prison, depending on the quantity and nature of the material, your prior criminal history, and other aggravating factors.
Can I Be Charged for Accidentally Downloading Child Pornography?
In Florida, intent plays a major role in child pornography charges. However, the accidental download or possession can still lead to charges if you fail to promptly delete the material and report it to the authorities. In short, Florida law requires you to demonstrate that you took immediate action to rectify the accidental possession to avoid prosecution.
What Defenses Can Be Used Against Child Pornography Charges in Florida?
Defenses against child pornography charges may include challenging the legality of the evidence the prosecution intends to use against you, for example, By claiming that it was obtained in violation of your constitutional rights. Proving that you did not knowingly possess the material is also a defense in certain cases. Finally, it’s also a defense to demonstrate that the individuals depicted in the content are not minors. An experienced Tampa child pornography attorney can assess the specifics of your case to determine the most appropriate defense strategy.
When Can Law Enforcement Legally Search My Computer for Child Pornography?
In Florida, law enforcement can search your computer for child pornography if they obtain a warrant based on probable cause, which means they must have reasonable grounds to believe that your computer contains illegal material. However, they can also search without a warrant under certain circumstances, such as with your consent, if the evidence is in plain view during a legal search for other reasons or if they believe there is an imminent risk of evidence being destroyed.
If you were arrested for the possession of child pornography after law enforcement searched your device, it is imperative that you have an experienced Tampa child pornography lawyer review the facts of your case to determine if the search was legal. If not, any evidence recovered may be inadmissible at trial.
Are You Facing Child Pornography Charges in Hillsborough County?
If you were recently arrested and charged with a child pornography crime in Tampa or the surrounding areas, the Mayberry Law Firm is here to help. As a result of his aggressive advocacy and track record of success, Attorney Mayberry is widely recognized as one of the most effective child pornography defense lawyers in the area. We take a comprehensive approach to every case we handle, ensuring that we review every possible defense before working with you to devise a strategic approach to defending against the charges. To learn more, and to schedule a free consultation today, give the Mayberry Law Firm a call at (813) 444-7435. You can also connect with us through our secure online contact form.
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Practice Areas
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Sex Crimes
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Child Pornography
- Child Pornography FAQs
- Enhanced Child Pornography Penalties
- Plea Bargaining in Child Pornography Cases
- Possession of Child Pornography
- Promoting Child Pornography
- Transmission of Material Harmful to Minors
- Transmission of Pornography by Electronic Device
- Use of a Child in a Sexual Performance
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Child Pornography
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