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Florida state law is infamously harsh when it comes to prosecuting criminal offenses involving sexual misconduct with children. Possessing even a single photo of a minor engaged in sexual conduct constitutes a felony offense, and you may face even more substantial penalties if you are accused of making, promoting, or distributing this kind of illicit material.

Just like anyone facing any other type of criminal allegation, though, you have rights when facing charges for child pornography that an expert defense attorney can help you enforce. From initial investigation all the way to your case’s conclusion, your Boca Raton child pornography lawyer is here for you. At Rossen Law Firm, we understand that sometimes bad things happen to good people, and our expert team is dedicated to defending your rights and protecting your future.

How Does State Law Define “Child Pornography”?

Under Florida Statutes § 827.071(1)(b), “child pornography” is any photo, video, or image modified through electronic, mechanical, or other means which depicts an “identifiable minor”—meaning someone recognizable through distinguishing characteristics as an actual person under 18—engaged in any kind of sexual conduct. In this context, “sexual conduct” includes not only actual penetrative sexual intercourse, but also any form of simulated intercourse, sexual contact or actions such as masturbation, and display of a child’s partially or fully nude private areas in a way intended to “arouse or gratify sexual desire.”

It is worth noting that the Florida Department of Law Enforcement states that “child erotica”—which it defines as media displaying a partially or fully nude child in a way that does meet the criteria for child pornography listed above—is not illegal in Florida. A Boca Raton child pornography attorney can go into further detail about exactly what does and does not constitute child pornography during a private consultation.

Potential Penalties for a Child Pornography Conviction

Under Fla. Stat. § 827.071(5)(a), knowingly possessing, controlling, or intentionally viewing any instance of child pornography is a third-degree felony, with each individual instance of child pornography—as well as each individual child depicted within the illicit material—constituting a distinct criminal offense. Someone convicted of violating this section of state law may face a maximum prison term of five years plus a maximum $5,000 fine, regardless of whether they have been convicted of any misdemeanor or felony criminal offense before.

All the following acts related to the production or distribution of child pornography are second-degree felony offenses:

  • Knowingly employing, authorizing, or inducing a child to engage in a sexual performance
  • As a child’s legal parent or guardian, knowingly consenting to that child’s participation in a sexual performance
  • Knowingly producing, directing, or promoting any sexual performance by or involving a child
  • Knowingly possessing with intent to promote any material depicting a sexual performance by or involving a child

Second-degree felonies can carry a 15-year prison term alongside a $10,000 fine. Help from an experienced attorney can be especially important in mitigating the penalties associated with these types of child pornography charges in Boca Raton.

Talk to a Boca Raton Child Pornography Attorney About Your Legal Options

No matter how it came about, any criminal charge involving child pornography is a very serious matter that can have life-altering consequences. Being proactive about building a strong legal defense is crucial, as is seeking assistance from the best defense attorneys available.

An expert Boca Raton child pornography lawyer can work on your behalf to contest your charges and defend your rights along the way. Call Rossen Law Firm today to schedule your strategy session.

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