Finding out you’re facing a South Florida Possession of Child Pornography charge can feel like the end of the world, especially if you’ve never had any trouble with the law before, but the expert sex crimes lawyers of Rossen Law Firm are here to guide you through the criminal process and protect your rights and your future.
What is a Possession of Child Pornography Crime in Florida?
As a South Florida attorney can further explain, Possession of Child Pornography is a sex crime defined as knowingly possessing, regulating, or viewing child pornography.
Child pornography in Florida includes photographs, motion pictures, exhibitions, shows, representations, images, data files, computer depictions, or other presentations that includes any sexual conduct by a child (FLA. STAT. § 775.0847 (2019).
CONSEQUENCES OF POSSESSING CHILD PORN IN FLORIDA
In Florida, Possession of Child Pornography is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.
Depending on the types of child pornography, or how many images or videos you’re found in possession of, you could also find yourself facing a second-degree felony or even a first-degree felony. Learn more about child porn possession penalties in Florida here.
It is also important to know that if you come across child pornography – whether online, or if it’s sent to you unsolicitedly in an email or a text, you should report the child porn to your local law enforcement in Florida immediately. There is immunity for people who report child porn in Florida, so it’s important to make sure you report it, rather than hide it, to avoid the potential of getting charged with child porn possession in the future.
POSSESSING CHILD PORNOGRAPHY CRIMINAL DEFENSE ATTORNEY IN SOUTH FLORIDA
If you’re facing a possession of child pornography charge – you’ve come to the right place. Rossen Law Firm has extensive experience providing a compassionate and professional defense to sex crimes in South Florida.
Facing a possession of child pornography charge is difficult enough. The last thing you need is someone judging you for it. At the Rossen Law Firm, we guarantee a judgment-free zone where your respect and dignity are our top priority.
Contact our office if you’re facing possession of child pornography charges in Florida. We’ll listen to your story, discuss the best course of action for you, and see what resources may help you. One mistake shouldn’t have the power to destroy your life – and we’ll fight to make sure it doesn’t.
Defenses to Possession of Child Pornography Charges
- Adult Depiction: It is a defense to the crime of Possession of Child Pornography if the images in question are entirely of persons over the age of 18 years of age, even if one or more of the persons depicted appear to be minors.
- Child Erotica: Child pornography can be distinguished from child erotica which is not “sufficiently lascivious to meet the legal definition of sexually explicit conduct.” It is a defense to the crime of Possession of Child Pornography if the images of the minors depict erotica, as opposed to pornography.
- Transitory Possession: Sometimes, people are unwittingly sent an image of child pornography, but immediately delete the image once they realize the illegal nature of the image. It’s possible that a thumbnail image may still exist on the person’s device or the image may still be in a memory cache even though the main image was deleted. In this scenario, the image was unintentionally viewed and any remaining thumbnail or memory cache image was not knowingly stored. The transitory possession of an image under these circumstances would be a defense to Possession of Child Pornography.
Free Possession of Child Pornography Criminal Defense Strategy Session
We handle child pornography cases of all types. We know how to assess your legal situation and provide you with a personalized and aggressive defense to your sex crime charges. We’ll defend your rights and your future.
We offer FREE strategy sessions so you know how we’ll work to get the best possible outcome for your case.
HOW WE WIN CHILD PORN & SEX CRIME CASES IN FLORIDA
- Rossen Law Firm helps South Florida Man avoid mandatory 5 years in Prison for Federal Child Porn Charges.
- False Rape accusation cleared in South Florida before the false charges were officially filed against the defendant.
- Learn how Rossen Law Firm got a falsely accused Rape charge dropped in South Florida