Orlando Child Pornography Lawyer
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 Florida
Considering 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:
- Pop-ups containing illegal images, not intended by the user
- Images may not be pornographic in nature, or those in the images are age 18 or older
- Negligent investigation
- Insufficient evidence
- Unwittingly clicking on a link sent via email or text messaging
- Someone else using computer
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 Florida
The 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.
- Possession of child pornography will result in five (5) to 20 years in prison
- Producing child pornography will result in a prison term of 15 to 30 years
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 Today
At 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.