Allegations of child pornography are serious; prosecutions regarding the production, possession, distribution, and sale of child pornographic materials are on the rise thanks to advancing Internet and computer technologies. At Adams & Luka, we know that having in your possession an image depicting a child (minor under the age of 18) engaging in sexual activity can result in criminal charges, regardless of whether you have actual contact with the minor. Depending on the nature of the charges, you may face extremely harsh penalties. We provide outstanding legal guidance and representation for sex crimes, and are capable of mounting a solid, effective defense.
Possessing child pornography is a serious offense, however distributing or selling images of minors engaging in sexual conduct is even more serious. If suspected, law enforcement may obtain a warrant to seize your computer and search for evidence so that you will be prosecuted. Peer to peer programs are often used by law enforcement officers to detect computers containing videos or images of minors engaging in unlawful sexual activity. Regardless, we understand that innocent people can and do mistakenly click on links, or experience pop-ups that were not intentional in searching for other information online.
Florida Statute Section 847.001(3) defines child pornography as any image (picture, photo, video) depicting a minor engaged in sexual conduct. Unfortunately, even the mere possession of an image, with no contact with the child, can result in the accused being labeled a sex offender for life. We urge anyone who has been arrested or charged with child pornography to contact our Orlando defense attorneys immediately.
Defenses to Child Pornography Charges in FloridaConsidering that many computers are used by more than one person and viruses often place unsavory images/information on these devices, there are many effective defense strategies used to protect against a conviction. These include:
There are many situations in which several individuals have access to a computer in the home, or even in the workplace. It is critical that those accused of child pornography take action at once to protect your freedom and legal rights.
Criminal Penalties for Child Pornography in Orlando & Central FloridaThe criminal penalties an individual will face if convicted of child pornography depend on several factors, including whether the person was simply in possession of images/videos, or whether the individual intended to sell or distribute child pornography.
In addition, federal child pornography charges will result in monetary fines. Whether the defendant has prior criminal convictions will also factor into the punishment. An individual may be charged at the state and federal levels for the same crime.
Those convicted of child pornography will also be required to register as sex offenders. This will affect many areas of your life, including employment and housing opportunities, obtaining a loan, and more.
Contact Adams & Luka TodayAt Adams & Luka, we cannot stress enough how important it is to protect your legal rights at each stage of the legal process. Our Orlando & Central Florida sex crime defense lawyers are here to educate and inform you regarding your rights, and help you understand the criminal justice process. Our ultimate goal is to protect you from a conviction and reach positive results. Contact us for a free consultation today at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.