Possession of Child Pornography
Being accused of Possession of Child Pornography is an extremely serious matter that can carry life-altering consequences, including prison time, sex offender registration, and permanent damage to your reputation and career. These cases often involve complex digital evidence, forensic analysis, and constitutional issues surrounding searches of computers, phones and online accounts. Call now for a confidential consultation to discuss your options and begin building a strong defense.
What is Possession Of Child Pornography in Florida?
Section 827.071, Florida Statutes
"Child pornography" means: (1) any image depicting a minor engaged in sexual conduct; or (2) any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.
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It is unlawful for any person to knowingly solicit, possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include child pornography.
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Each photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation counts as a separate offense.
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If a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes child pornography depicting more than one child, then each child depicted counts as a separate offense.
Potential Prison Time
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Possession Of Child Pornography is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.
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Possession of Child Pornography is reclassified as a 2nd degree felony, punishable by up to 15 years in Florida State Prison if: (a) the offender possesses 10 or more images of any form of child pornography regardless of content; and (b) the content of at least one image contains one or more of the following: (1) A child who is younger than the age of 5; (2) Sadomasochistic abuse involving a child; (3) Sexual battery involving a child; (4) Sexual beastiality involving a child; or (5) any motion picture, film, video, or computer-generated motion picture, film, or video involving a child, regardless of length and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.
Potential Fine
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A conviction for 3rd degree felony Possession Of Child Pornography can result in a fine of up to $5,000.
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A conviction for 2nd degree felony Possession Of Child Pornography can result in a fine of up to $10,000.
Sex Offender Registration Requirements
Section 943.0435, Florida Statutes
A conviction for Possession Of Child Pornography will result in becoming a registered sex offender.
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Florida imposes some of the strictest sex offender registration and reporting requirements in the country. Individuals required to register must provide detailed person information such as addresses, employment, vehicles, electronic identifiers, fingerprints, and photographs, and must keep that information continuously updated with law enforcement. Failure to comply with these strict reporting requirements can result in new felony charges, making timely reporting an ongoing and critical obligation for anyone on Florida's registry.
Call Now For A Free Consultation
If you've been charged with Possession Of Child Pornography, it's important to act quickly. A conviction can result in significant prison time and require you to register as a sex offender and continuously remain compliant with Florida's strict reporting and registration requirements. Call now to speak with an experienced Sex Crimes Defense Attorney and take the first step towards building a strong defense.
