Pornography Crimes
Florida law criminalizes the production, promotion, distribution, viewing, and possession of child pornography. Those who are accused of these offenses face felony charges, jail time, fines, and mandatory registration on the state’s sex offender registry.Possessing/Viewing Pornographic Images
Under Fla. Stat. 827.071, even those who are not involved in the production, sale, or distribution of child pornography, can still be charged with a third degree felony if they are accused of knowingly possessing, controlling, or intentionally viewing an image that includes any sexual conduct of a child. This includes not only a prohibition against possessing or viewing photographs, but also motion pictures, exhibitions, representations, shows, data, and computer depictions. In fact, any image that includes the sexual conduct of a child, whether in whole or in part, falls under this statute. However, a person cannot be convicted unless a prosecutor is able to establish that the images were in a defendant’s possession or that he or she intentionally viewed them. Proof of intentional viewing requires evidence that someone voluntarily viewed more than a single image over a period of time.Furthermore, each image found in a person’s possession is considered a separate offense. This same rule applies if an image contains a representation of sexual conduct by more than one child, as each child depicted will also be treated as a separate offense. This means that if a person had 20 such images in his or her possession, he or she would face 20 third degree felony charges, which could result in a 100 year prison sentence.
Possession with the Intent to Promote
If a person is found with three or more copies of an image, movie, photo, or other representation of sexual conduct by a child, he or she can be charged with possession with the intent to promote, which is a second degree felony in Florida. Second degree felonies are punishable by up to 15 years in prison and a $10,000 fine. Those who are convicted of pornography-related offenses are also required to register with the state as a sex offender.Promoting the Sexual Performance of a Child
Those who produce, direct, or promote any performance that includes sexual conduct by a minor can also be charged with a second degree felony. Under Florida law, promoting a performance is defined as manufacturing, selling, providing, mailing, delivering, distributing, or advertising an image, movie, photograph, or other visual representation of a child engaging in sexual conduct. Sexual conduct includes actual or simulated sexual intercourse, bestiality, masturbation, lewd exhibition, or sexual battery, regardless of whether it is actual or simulated.Using a Child in a Sexual Performance
Florida law also criminalizes the use of a child in a sexual performance. However, before a person can be convicted of this crime, prosecutors must demonstrate that a defendant knew the content of the performance and then either employed, authorized, or induced a minor under the age of 18 years old to engage in sexual conduct. Parents who consent to their child’s participation in such a performance can also be charged under this statute.Transmitting Pornographic Images with an Electronic Device
In addition to these offenses, a person can also be charged with transmitting an image containing a depiction of a minor who is engaging in sexual conduct via an electronic device under Fla. Stat. 847.0137 if there is evidence that he or she:- Transmitted a pornographic image over or through any medium, including the internet, by the use of electronic equipment
- Knew or should have known that the image contained child pornography
In order to be convicted of this offense, a defendant’s actions must fall under the definition of transmitting an image, which includes sending, or causing any image, information, or data from one person or place to another to be delivered over or through any medium, as long as an electronic device was used.
Defenses
There are some defenses available to defendants who have been accused of a pornography-related offense, including:- Entrapment, if there is evidence that they were convinced by undercover law enforcement officials to commit the crime, even though they had no predisposition to engage in it otherwise
- They did not know that the images being downloaded contained pornographic images involving children
- They use a shared computer and were not responsible for downloading the images
- The police lacked probable cause to search their computer or possessions
